Medicines (Advertisement & Sale) Act 1956 and Regulations
Introduction
The Medicines (Advertisement and Sale) Act 1956 is an act that prohibits the advertisement of medical matters and regulates the sale of substances recommended as medicine.
NOTE:
- Cosmetic advertisement - under Cosmetic Advertising Code and have no medical claims. Approval from Medicine Advertisements Board is not required
- Food advertisement - under Food Act 1983
- Medical devices advertisement - under Medical Device Act 2012
Advertisement
Advertisement includes
- Any notice, circular, report, commentary, pamphlet, label, wrapper, or other document, and
- Any announcement made orally or by any means of producing or transmitting light or sound.
Prohibitions of Advertisement
NO ONE shall take any part in the publication of any advertisement relating to
- Section 3 Certain Diseases
- Diagnosis, prevention or treatment of the diseases and conditions of human beings as specified in the Schedule
- Diseases or defects of the kidney
- Diseases or defects of the heart
- Diabetes
- Epilepsy or fits
- Paralysis
- Tuberculosis
- Asthma
- Leprosy
- Cancer
- Deafness
- Drug addiction
- Hernia or rupture
- Diseases of the eye
- Hypertension
- Mental disorder
- Infertility
- Frigidity
- Impairment of sexual function or impotency
- Venereal disease
- Nervous debility, or other complaint or infirmity, arising from or relating to sexual intercourse
- Practicing contraception among human beings
- Improving the condition or functioning of the human kidney or heart, or improving the sexual function or sexual performance of human beings
- Section 4 Abortion
- Section 4A Skill or service
- Any skill or service relating to the treatment, prevention or diagnosis of any ailment, disease, injury, infirmity or condition affecting the human body
- Capable of inducing, or which contains invitation, whether express or implied, to any person to seek advice of the advertiser or any person referred to in the advertisement
Exemption to Section 4A
Exemptions
- With the approval of the Minister, advertisement by any professional body related to the medical profession or to any other allied profession
- With the approval of the Medicine Advertisements Board established by the Minister, advertisement by any private hospital or by any private clinic, private radiological clinic or private medical laboratory operated by a registered medical practitioner having a valid annual practicing certificate under the Medical Act 1971.
Advertisements of Medicines to be Approved
As stated in Section 4B, advertisements for the purpose of treatment or prevention of diseases other than specified in the Schedule has to been approved by the Medicine Advertisements Board.
All advertisements that have been approved by Medicine Advertisements Board were given approval number (e.g. KKLIU 0213/2013).
- Advertisement approval number must be displayed on every advertisement.
- If any pharmaceutical product or health service advertisements were found without approval or not displaying their KKLIU number, members of the public may launch a complaint to the secretariat of Medicine Advertisements Board.
NOTE: Do not confuse KKLIU number with MAL No.
Disclaimer
Section 6 in Medicines (Advertisement and Sale) Act 1956 and its regulation is NOT included in the discussion.
i want to ask if someone make advertisement for infertility massage, so does the person contravened reg 3 or reg 4A?
ReplyDeletesorry, section 3 and section 4A
DeleteIn principle, Medicines (Advertisement & Sale) Act 1956 does not regulate infertility massage, because massage services is not considered as medicine. However, the advertising may still be subject to other regulations and legal considerations.
Delete