Deceptive publication or propaganda on preventive or curative medicine prohibited
advertising.deceptive-sanitary-publicity-prohibited
Any form of publication or propaganda concerning hygiene, preventive or curative medicine and similar branches which, in the judgement of the health service, tends to deceive the public or to harm collective or individual health is prohibited.
Conditions
- The prohibition is assessed by the health authority ('a juicio del Servicio Nacional de Salud'); it is a substantive deception standard, not a pre-clearance requirement, and no advertising approval is issued for it.
- The article does not use the term 'dispositivo médico'. It is the Código Sanitario's general sanitary-publicity prohibition and is cross-referenced by art. 100 for pharmaceutical advertising; its reach to a given device claim follows from the 'higiene, medicina preventiva o curativa y ramas semejantes' wording, not from an express device reference.
- The article still names the Servicio Nacional de Salud, a body that no longer exists; I did not verify which authority now exercises this particular power for devices.
Effective from 1968-01-31
Source is Spanish. Código Sanitario, Libro I, Título V ('De la divulgación y educación sanitaria'). The article carries no amendment marker in the consolidated text in force from 18.11.2025, so it is quoted as original text; effectiveFrom is the Diario Oficial publication date of D.F.L. N° 725 (31.01.1968).
Goods may not be announced as of medical utility without prior authorisation
advertising.medical-utility-claim-requires-authorisation
No product may be advertised as 'medicinal, nutritive or of medical utility' other than those that have been authorised or recognised as such by the health service. The provision states the rule by claim category and does not enumerate product types.
Conditions
- The rule is expressed as a prohibition on the claim, and the authorisation it refers to is the health service's recognition of the product, not a separate advertising clearance.
- The article names 'productos medicinales, nutritivos o de utilidad médica'; the Código Sanitario's own device title (Título IV, art. 111) uses different vocabulary ('instrumentos, aparatos, dispositivos y otros artículos o elementos') and contains no advertising rule, so the reach of this provision to a device presented as being of medical utility is not express.
- The article still names the Servicio Nacional de Salud; I did not verify which authority now exercises this power over devices.
Effective from 1968-01-31
Source is Spanish. Código Sanitario, Libro I, Título V, art. 54, second sentence. The first sentence of art. 54 defines sanitary deception for the offer of services by persons not legally authorised to practise medicine; the quoted second sentence is the one that speaks to advertised product claims. No amendment marker appears on the article in the consolidated text in force from 18.11.2025.
Incentive prohibition names devices and may be extended to elements of medical use
advertising.prescriber-incentive-prohibition-device-extension
Advertising-purpose donation of pharmaceutical products is prohibited, as are incentives of any kind that induce preference for the use, prescription, dispensing, sale or administration of one or more pharmaceutical products to any person; the Ministry of Health may by reasoned supreme decree include certain 'elementos de uso médico' (elements of medical use, i.e. medical devices) within this prohibition; and 'incentive' is defined to cover any payment, gift, service or economic benefit given by anyone with an interest in preference being given to the use of one or more products or devices.
Conditions
- The prohibition itself is stated for pharmaceutical products. Its extension to elements of medical use is an enabling power of the Ministry of Health, exercisable by reasoned supreme decree; as at 2026-09-16 I found no such decree, so the extension is not asserted as being in force.
- Devices are named in two places: the enabling clause ('algunos elementos de uso médico') and the statutory definition of 'incentive' ('...el uso de uno o más productos o dispositivos').
- The restriction targets promotion directed at generating preference (including towards prescribers); it is the only provision in the Código Sanitario I found that names medical devices in a promotion context.
Source is Spanish. Código Sanitario, Libro IV, art. 100, fourth and fifth paragraphs. The Ley Chile consolidated text places amendment markers inside these paragraphs: the fourth paragraph was incorporated by Ley N° 20.850, Art. 34 N° 1 a), D.O. 06.06.2015, and amended by Ley N° 20.895, Art. 1 N° 1, D.O. 26.01.2016. I did not verify the entry into force of the amending act, so no effectiveFrom is asserted; the quotation is the consolidated text as published on Ley Chile. The excerpt is a single contiguous run of that consolidated text and therefore reproduces the publisher's own markers exactly, including the awkward points where they fall inside the article's wording: the marker for Ley N° 20.895 interrupts the word 'persona' ('a cualquier per' + marker + 'so' + the 'NOTA' anchor + 'na.'). Remove the two markers and the anchor and the sentence reads '...a cualquier persona. Con todo, ...'; nothing else differs.
Devices displayed at trade fairs may not be presented as marketable
advertising.trade-fair-display-not-for-sale-notice
A medical device may be imported for display at trade fairs, exhibitions or demonstrations without undergoing conformity verification only on authorisation by the Director of the Instituto de Salud Pública, and a visible sign on the devices must clearly state that they cannot be commercialised or put into service until the applicable requirements have been met.
Conditions
- This is the only provision in the device reglamento that conditions a promotional channel; it restricts how an unregistered device may be displayed, it does not create a general advertising approval.
- The authorisation is granted by the ISP Director ('el Director del Instituto'), i.e. the Instituto de Salud Pública de Chile.
Effective from 1999-09-01
Source is Spanish. DS 825 was promulgated on 30.11.1998 and published in the Diario Oficial on 21.08.1999; art. 32 of the reglamento provides that it enters into force 'a contar del día 1º del mes siguiente a su publicación', hence effectiveFrom 01.09.1999. Quoted from the consolidated text on Ley Chile.
