Advertising Of Regulated Products In Panama 2026
Jorge Ortega Centella, Senior Associate at ARIAS Panama and expert in intellectual property and sanitary regulations presents this article on how, recently, Panama replaced its prior approval mechanism for health-related advertising with a post-market control model. Although prior authorization is no longer required, applicable regulatory requirements remain in force and must be carefully assessed before launching any advertising for health products or services.
Historically, in Panama, any form of advertising related to products, materials, equipment, or services whose use, consumption, or exposure could constitute a potential risk to public health was prohibited unless it had obtained prior approval from the Ministry of Health (hereinafter, "Minsa”). In other words, any advertisement, publicity, or promotional material intended to promote products or services related to alcoholic beverages and other lawful drugs, medicines, food and dietary supplements, cosmetics, medical devices and related products, as well as substances, procedures, or other methods to which preventive and/or curative properties were attributed (hereinafter, the "regulated products or services”), had to be submitted to Minsa’s Advertising and Propaganda Commission prior to publication or distribution.
This prior approval system meant that no campaign could be launched without the express authorization of the health authority, which, in practice, resulted in waiting periods that directly affected companies’ commercial strategies and timelines.
However, this regulatory framework underwent a significant change in mid-2025, with the entry into force of a post-market control mechanism applicable to all previously mentioned products and services, due to their impact on the physical and/or mental health of the population. This new model represents a substantial shift in the regulatory dynamic, moving the focus from prior authorization to subsequent oversight by the authority.
Key Aspects
Below are the most relevant and innovative aspects of the post-market control mechanism:
Conclusions
The previous prior-approval regime offered a clear advantage: legal certainty derived from express authorization issued by the competent authority. With such authorization in hand, companies could launch their advertising materials with confidence and peace of mind, knowing that they formally complied with applicable regulations. Nevertheless, it made the launch of advertising campaigns for regulated products or services more burdensome.
The new framework, however, transforms that logic. It represents a paradigm shift in the control model for advertising regulated products and services: there is no longer prior validation granting absolute certainty before dissemination. Instead, the system favors commercial agility while transferring a greater burden of responsibility to companies, given that Minsa retains broad powers to order the withdrawal of already disseminated campaigns when it considers that their content poses a risk to the population or infringes legal provisions.
This new regulatory framework creates opportunities (greater dynamism, reduced timelines, and faster execution of marketing strategies), but it also significantly increases risk exposure if thorough and detailed legal analysis is not conducted. Having specialized legal counsel not only helps mitigate contingencies and avoid sanctions but also enables the design of robust campaigns aligned with the regulatory framework and sustainable overtime.
Should you require additional information on this matter or need assistance regarding compliance with advertising and promotional regulations applicable to products impacting human health, please do not hesitate to contact us through your usual Firm contacts or, alternatively, at the following email addresses: Jorge.Ortega@ariaslaw.com or RegistroSanitario-Arias-PA@ariaslaw.com
The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.
Historically, in Panama, any form of advertising related to products, materials, equipment, or services whose use, consumption, or exposure could constitute a potential risk to public health was prohibited unless it had obtained prior approval from the Ministry of Health (hereinafter, "Minsa”). In other words, any advertisement, publicity, or promotional material intended to promote products or services related to alcoholic beverages and other lawful drugs, medicines, food and dietary supplements, cosmetics, medical devices and related products, as well as substances, procedures, or other methods to which preventive and/or curative properties were attributed (hereinafter, the "regulated products or services”), had to be submitted to Minsa’s Advertising and Propaganda Commission prior to publication or distribution.
This prior approval system meant that no campaign could be launched without the express authorization of the health authority, which, in practice, resulted in waiting periods that directly affected companies’ commercial strategies and timelines.
However, this regulatory framework underwent a significant change in mid-2025, with the entry into force of a post-market control mechanism applicable to all previously mentioned products and services, due to their impact on the physical and/or mental health of the population. This new model represents a substantial shift in the regulatory dynamic, moving the focus from prior authorization to subsequent oversight by the authority.
Key Aspects
Below are the most relevant and innovative aspects of the post-market control mechanism:
- The scope of the mechanism is broad and extends to advertising disseminated through any traditional media — such as posters, billboards, print ads, television, radio, press, or sponsorships — as well as digital media, including social networks, internet search engines, email, news portals, podcasts, instant messaging services, and streaming platforms. In general terms, it covers any existing or future service whose purpose is the dissemination of advertising material.
- As of the entry into force of the new regime, prior authorization is no longer required for the launch of advertising material. However, this does not mean the absence of control. All material disseminated through traditional or digital media must be submitted to Minsa’s General Directorate of Public Health within forty-eight (48) hours following its publication.
- The supporting documentation to be submitted will depend on the type of product or service being promoted. For most regulated products, it remains mandatory to have a valid sanitary registration — or the corresponding marketing authorization — as an essential requirement for their commercialization and promotion in the Panamanian market.
- The submission of advertising material has the nature of a sworn statement. This means that the advertiser assumes direct responsibility for the accuracy and regulatory compliance of the disseminated content, thereby facilitating the authority’s exercise of post-market control.
- The new regulation establishes specific parameters for audiovisual advertising that, by its nature, requires the inclusion of health warnings. Among other aspects, it regulates length, size, placement, and legibility of warning captions or messages to ensure they effectively fulfill their informative purpose.
- In exercising post-market control, Minsa retains the authority to impose sanctions for non-compliance with applicable regulations, as well as to order the immediate withdrawal of advertising material when there is evidence that the disseminated content constitutes a potential risk to public health.
- From a consumer protection perspective, advertising must strictly adhere to the principle of truthfulness, avoiding any misrepresentation that may mislead or confuse consumers. Statements regarding nature, composition, origin, qualities, or properties of products or services must be accurate, clear, and verifiable always. Likewise, the advertiser is bound to comply with the terms offered in the advertisement and may not attribute to the product’s qualities, characteristics, or benefits it does not possess. The content of an advertisement carries not only health-related implications, but also contractual and commercial consequences.
- Finally, from an intellectual property standpoint, the unauthorized use of third-party trademarks, copyrighted images, or other intangible assets must be avoided. Similarly, the use of comparative terms with respect to a competitor’s brand must be handled with caution, avoiding practices that could amount to unfair competition, trademark dilution, or unjustified harm to a brand’s reputation.
Conclusions
The previous prior-approval regime offered a clear advantage: legal certainty derived from express authorization issued by the competent authority. With such authorization in hand, companies could launch their advertising materials with confidence and peace of mind, knowing that they formally complied with applicable regulations. Nevertheless, it made the launch of advertising campaigns for regulated products or services more burdensome.
The new framework, however, transforms that logic. It represents a paradigm shift in the control model for advertising regulated products and services: there is no longer prior validation granting absolute certainty before dissemination. Instead, the system favors commercial agility while transferring a greater burden of responsibility to companies, given that Minsa retains broad powers to order the withdrawal of already disseminated campaigns when it considers that their content poses a risk to the population or infringes legal provisions.
This new regulatory framework creates opportunities (greater dynamism, reduced timelines, and faster execution of marketing strategies), but it also significantly increases risk exposure if thorough and detailed legal analysis is not conducted. Having specialized legal counsel not only helps mitigate contingencies and avoid sanctions but also enables the design of robust campaigns aligned with the regulatory framework and sustainable overtime.
Should you require additional information on this matter or need assistance regarding compliance with advertising and promotional regulations applicable to products impacting human health, please do not hesitate to contact us through your usual Firm contacts or, alternatively, at the following email addresses: Jorge.Ortega@ariaslaw.com or RegistroSanitario-Arias-PA@ariaslaw.com
The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.