Section 1: General provisions

Articles in this section · 4

Article R5223-1

French Public Health CodeIn force

Updated 1 Nov 2023

Advertising to the public for an in vitro diagnostic medical device:

1° Is designed in such a way that the advertising nature of the message is obvious and the product is clearly identified as an in vitro diagnostic medical device;

2° Specifies the date on which it was drawn up or the date of the last modification and includes at least the following information:

a) The name or trade reference of the in vitro diagnostic medical device;

b) The purpose assigned to the in vitro diagnostic medical device by its manufacturer and for which it is advertised;

c) The name of the manufacturer of the in vitro diagnostic medical device or its authorised representative;

d) Information essential for the proper use of the in vitro diagnostic medical device;

e) an express invitation to read carefully the instructions given in the package leaflet accompanying the in vitro diagnostic medical device or on the labelling supplied to the end user;

f) depending on the degree of risk that failure of the in vitro diagnostic medical device is likely to present to health, a message of caution and a reference to the advice of a doctor, pharmacist, medical biologist or any other professional competent in respect of the nature of the in vitro diagnostic medical device;

g) the words: "this in vitro diagnostic medical device is a regulated health product which, under these regulations, bears the CE mark";

h) Where applicable, the internal reference number;

3° Does not include any statement to the effect that the in vitro diagnostic medical device is reimbursed, in whole or in part, by compulsory health insurance schemes or by a supplementary scheme;

4° Does not include any element which :

a) Makes medical consultation or surgical intervention appear superfluous, in particular by offering diagnosis by correspondence;

b) Suggests that a normal state of health can be improved by using the in vitro diagnostic medical device;

c) Suggests that a normal state of health can be affected if the in vitro diagnostic medical device is not used;

d) Is aimed exclusively or principally at children;

e) Refers to a recommendation made by scientists, health professionals or persons who, although not scientists or health professionals, are known to encourage the use of in vitro diagnostic medical devices;

f) Could lead, through a detailed description of symptoms, to a false self-diagnosis;

g) Would use in an abusive, frightening or misleading manner visual representations of alterations to the human body due to illness, injury or disability;

h) Refer to certificates of cure;

i) Insist on the fact that the in vitro diagnostic medical device has been certified;

j) Include offers of premiums, objects or products of any kind or direct or indirect material advantages of any kind whatsoever.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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