Medical devices are advertising goods under Georgia's general Law on Advertising; there is no device-specific advertising regime
Georgia's advertising regime is the general Law of Georgia on Advertising. The Law governs legal relations arising in the course of the production, placement and dissemination of advertisements of commodities (works, services) and of the financial market of Georgia, and an 'advertisement' is information about goods, services and works disseminated by any means and in any form that is intended for an unlimited group of persons and serves to form and maintain interest in goods and to facilitate their sale. 'Improper advertising' is unfair, unreliable, unethical, misleading or other advertising that violates the requirements for content, timing, placement and dissemination established by the legislation of Georgia; 'unreliable advertising' is advertising containing untrue data about the qualities of goods, their ingredients, the place, way and date of production, the purpose, consumer properties, conditions for use, certification marks or compliance with state standards, quantity, availability of products on the market, price, warranty obligations, the results of a product investigation and tests, and the actual demand for the product. The placement and dissemination of improper advertisements is prohibited and entails liability under Georgian legislation; liability falls on the advertising customer, producer and disseminator, and a person whose rights and interests are infringed by improper advertising may claim damages in court and require public refutation of the improper advertising. The Law's special advertising regimes are reserved to named product classes โ pharmaceutical products, artificial baby food, weapons, securities, sex-related products, tobacco, alcohol and human organ/tissue/cell matters โ and medical devices are not among them, so a device is advertised as an ordinary commodity under the general rules. Two general provisions bite directly on a device: advertising goods whose production and sale is prohibited by Georgian legislation, or which require a special permit (licence) not yet obtained, is inadmissible, as is advertising an economic agent whose activity requires a special permit (licence) not yet obtained; and advertising of goods that require a special certificate must be marked with the word 'certified'.
- There is no device-specific advertising instrument in Georgia. The Law on Advertising's health-products chapter (Art. 9) is addressed to pharmaceutical products only; 'medical goods' (instruments, devices, appliances, medical equipment, dressing material, prosthetic and orthopaedic products) are a category distinct from 'pharmaceutical product' under the Law on Medicines, Art. 1(12).
- Art. 4(6) bites on a device only through the special permit/licence limb: in Georgia the device-type categories that require a state registration decision are dental material, invasive mechanical means of contraception and means of diagnostics, and those require a marketing authorisation rather than a 'special permit (licence)' in the sense of the Law on Advertising. The provision is quoted as the Law's own rule; it is not asserted here that a general medical device needs a permit before it may be advertised.
- Art. 2(8) lists what this Law regulates specially (broadcast advertising, alcoholic beverages, sex-related items, tobacco, human organs/tissues/cells and medical institutions carrying out transplantation and health care personnel, games of chance, pharmaceutical products, artificial baby food, weapons, securities, minors' protection). Medical devices and medical equipment are not named.
- Art. 2(1) confines the Law to advertisements of commodity and financial markets; the language requirement for advertisements (Art. 4(2), official language throughout Georgia) is a general advertising requirement and not a device labelling rule โ the device labelling rule is in the label dimension and rests on the Law on Medicines.
- Art. 21(1) provides liability for advertising customers, producers and disseminators under Georgian legislation; the Law does not itself fix a device-specific penalty.
Language of source: English consolidated text on matsne.gov.ge. Verbatim: Art. 2(1) "This Law shall govern legal relations originated in the course of production, placement and dissemination of advertisements of commodity (works, services) and financial markets (including the securities market) of Georgia." Art. 3(2) "Improper advertising โ unfair, unreliable, unethical, misleading or other advertisement that violates the requirements for content, timing, placement and dissemination established by the legislation of Georgia;" Art. 3(4) "Unreliable advertising โ advertisement that contains untrue data about an advertising customer, qualities of goods, ingredients, also the place, way and date of production, the purpose, consumer properties, conditions for use, certification marks, compliance with state standards, quantity, availability of products on the market, the possibility of purchasing the stated amount at a specific place and within a specific period of time; and the cost (price) of the product at the time of advertising, additional terms of payment, delivery, return, repair, warranty obligations, and the best before period, the right to use state symbols โฆ official recognition (commendations, prizes, diplomas, and other awards), the results of a product investigation and tests, and the actual demand for the product;" Art. 4(6) "Advertising of goods the production and sales of which is prohibited by the legislation of Georgia or which requires a special permit (licence) but not obtained yet; also advertising of an economic agent whose activities require a special permit (licence) but not obtained yet, shall be inadmissible." Art. 4(7) "Advertising of goods that requires a special certificate must be marked with the word 'certified'." Art. 4(8) "Placement and dissemination of improper advertisements shall be prohibited. They shall entail liability under the legislation of Georgia that is commensurate with the action committed, the degree of public hazard and its nature." Art. 21(1) "Natural and legal persons (advertising customers, producers and disseminators) shall be held liable for violating the advertising legislation of Georgia under the legislation of Georgia." Art. 21(3) "Persons whose rights and interests are infringed by improper advertising may make a claim in court, in a prescribed manner, for compensation of damage to their health and property, name, dignity and business reputation, and require public refutation of improper advertising." ADJUDICATION OF THE CONTRADICTION WITH regulatory-fact:georgia:advertising-claims-promotion:advertising-rules-attach-to-registered-products: that earlier row stated that no medical-device advertising regime was found and applied the Law on Medicines advertising chapter to the registered device-type categories. Both halves are now resolved. (1) No device-specific regime exists โ that part is confirmed, and Art. 9 of the Law on Advertising (Advertising of pharmaceutical products) was read in full: it is pharmaceutical-only and does not reach devices. (2) A general advertising regime that reaches devices does exist, and the earlier row did not cite it: the Law on Advertising governs advertisements of commodities generally, its prohibited-claims provisions are framed on 'goods', and medical devices are not named in any of its special regimes. The earlier row is therefore not repealed but is incomplete on the operative prohibition; this row is written under a new key so that the importer does not overwrite that row's pharmaceutical finding, and the two are to be read together.

