On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 10/08/2010.
PART V
ADVERTISEMENT OF HEALTH PRODUCTS
19.
—(1) No person shall —
(a)
advertise any product or cause any product to be advertised as a health product if that product is not a health product; or
(b)
advertise any registered health product or cause any registered health product to be advertised in such a way as to represent the registered health product as being usable for any purpose other than that for which it has been registered.
(2) Any person who contravenes subsection (1)(a) or (b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
20.
—(1) No person shall advertise any health product or cause any health product to be advertised in a false or misleading way.
(2) For the purposes of subsection (1), an advertisement of a health product shall be taken to be false or misleading if —
(a)
it falsely describes the health product or gives any false information concerning the health product; or
(b)
it is likely to create an erroneous impression regarding the formulation, composition, design specification, quality, safety, efficacy or uses of the health product.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
21.
—(1) No person shall advertise any health product or cause any health product to be advertised unless the advertisement complies with and is undertaken in accordance with such requirements as may be prescribed.
(2) The requirements that may be prescribed for the purposes of subsection (1) include the following:
(a)
that the advertisement should include or exclude any specified type of information;
(b)
that the advertisement should not make certain types of claims about the health product;
(c)
that the advertisement should be distributed or circulated only to certain classes of persons;
(d)
that the advertisement should not appear in certain types of publications or media; and
(e)
that the advertisement should be submitted to the Authority for approval before publication.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
22. In any proceedings for an offence under section 19, 20 or 21, it shall be a defence for the person charged to prove that he —
(a)
is a person whose business is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business;
(b)
has no financial interest in the supply of the health product featured in the advertisement; and
(c)
did not know and had no reason to suspect that the advertisement would contravene the provisions of section 19, 20 or 21, as the case may be.
23.
—(1) Where any person has advertised any health product or caused any health product to be advertised in contravention of section 19, 20 or 21, the Authority may order that person to do any or all of the following:
(a)
to stop the advertisement with immediate effect;
(b)
to take such measures as may be reasonable and necessary in the circumstances to remove the advertisements that have already been published;
(c)
to publish a corrective advertisement in such manner and containing such information as may be specified by the Authority.
(2) The person to whom an order under subsection (1) is directed shall bear the costs and expenses arising from the taking of any measure that is required of him under the order.
(3) If a person to whom an order under subsection (1) is directed fails to comply with the order —
(a)
he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
the Authority may take such steps as it thinks reasonable and necessary to implement the requirements of the order and recover any costs and expenses reasonably incurred by it in so doing from that person.
(4) This section shall not affect the liability of any person for an offence under this Part.