On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/09/2008.
PART VI
PROMOTION OF SALES OF MEDICINAL PRODUCTS AND MEDICAL ADVERTISEMENTS
49.
—(1) Subject to the following provisions of this section, in this Part “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice or signboard, or by means of any catalogue, price list, letter (whether circular or addressed to a particular person) or other documents, or by words inscribed on any article, or by the exhibition of a photograph or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way, and any reference to the issue of an advertisement shall be construed accordingly.
(2) Notwithstanding anything in subsection (1), in this Part “advertisement” does not include spoken words except —
(a)
words forming part of a sound recording or embodied in a sound-track associated with a cinematograph film; and
(b)
words broadcast by way of sound broadcasting or television or transmitted to subscribers to a diffusion service.
(3) Except as provided by section 52, for the purposes of this Part neither of the following shall be taken to constitute the issue of an advertisement:
(a)
the sale or supply of a medicinal product in a labelled container or package;
(b)
the supply, with a medicinal product of any description, of a leaflet relating solely to medicinal products of that description.
(4) In this Part —
“medical advertisement” means an advertisement relating or likely to cause any person to believe that it relates to any medicinal product or any device, instrument, apparatus or contrivance used or represented to be used for a medicinal purpose;
“representation” means any statement or undertaking (whether constituting a condition or a warranty or not) which consists of spoken words other than words falling within subsection (2)(a) or (b), and any reference to making a representation shall be construed accordingly.
50.
—(1) Subject to the following provisions of this section, any person who issues or causes another person to issue a false or misleading advertisement relating to medicinal products of any description shall be guilty of an offence.
(2) Where a licence under Part II is in force which is applicable to medicinal products of a particular description, and, in accordance with the provisions of the licence, the purposes for which medicinal products of that description may be recommended to be used are limited to those specified in the licence, then, subject to the following provisions of this section, any person who issues or causes another person to issue an advertisement relating to medicinal products of that description which consists of or includes unauthorised recommendations shall be guilty of an offence.
(3) Subject to the following provisions of this section, any person who makes a false or misleading representation relating to a medicinal product in connection with the sale of that product shall be guilty of an offence; and any person who makes a false or misleading representation relating to medicinal products of a particular description —
(a)
to a practitioner for the purpose of inducing him to prescribe or supply medicinal products of that description;
(b)
to a patient or client of a practitioner for the purpose of inducing him to request the practitioner to prescribe medicinal products of that description; or
(c)
to a person for the purpose of inducing him to purchase medicinal products of that description from a person selling them by retail,
shall be guilty of an offence.
(4) Where in the circumstances specified in subsection (2) any person —
(a)
in connection with the sale of a medicinal product of the description in question, makes a representation relating to the product which consists of or includes unauthorised recommendations; or
(b)
for any such purpose specified in subsection (3)(a), (b) and (c) makes a representation relating to medicinal products of that description which consists of or includes unauthorised recommendations,
that person, subject to the following provisions of this section, shall be guilty of an offence.
(5) Where a person is charged with an offence under this section, it shall be a defence for him to prove —
(a)
where the offence charged is under subsection (1) or (3), that he did not know, and could not with reasonable diligence have discovered, that the advertisement or representation was false or misleading;
(b)
where the offence charged is under subsection (2) or (4), that he did not know, and could not with reasonable diligence have discovered, that the recommendations made by the advertisement or representation were unauthorised recommendations.
(6) For the purposes of this section an advertisement (whether it contains an accurate statement of the composition of medicinal products of the description in question or not) shall be taken to be false or misleading if —
(a)
it falsely describes the description of medicinal products to which it relates; or
(b)
it is likely to mislead as to the nature or quality of medicinal products of that description or as to their uses or effects,
and any reference in this section to a false or misleading representation shall be construed in a corresponding way.
(7) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment of a term not exceeding 2 years or to both.
(8) In this section “unauthorised recommendations”, in relation to the circumstances specified in subsection (2), means recommendations whereby medicinal products of a description to which the licence in question is applicable are recommended to be used for purposes other that those specified in the licence.
51.
—(1) No person shall publish or cause to be published —
(a)
any medical advertisement which directly or indirectly claims, indicates or suggest that the article advertised will prevent, alleviate or cure any disease or condition specified in the First Schedule; or
(b)
any advertisement referring to any skill or service relating to the treatment of any disease or condition affecting the human body.
(2) Subsection (1) shall not apply to any advertisement which is distributed only to, or is contained in a publication intended for circulation mainly among one or more of the following classes of persons:
(a)
practitioners;
(b)
pharmacists;
(c)
nurses and midwives;
(d)
persons undergoing training with a view to becoming practitioners, pharmacists or nurses and midwives.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
(4) The Minister may by order —
(a)
amend the First Schedule; and
(b)
exempt any advertisement or class of advertisements from subsection (1).
52.
—(1) The Minister may by regulations prohibit any one or more of the following:
(a)
the issue of advertisements relating to medicinal products of a description, or falling within a class, specified in the regulations;
(b)
the issue of advertisements likely to lead to the use of any medicinal product, or any other substance or article, for the purpose of treating or preventing a disease specified in the regulations or for the purpose of diagnosis of a disease so specified or of ascertaining the existence, degree or extent of a physiological condition so specified or of permanently or temporarily preventing or otherwise interfering with the normal operation of a physiological function so specified, or for the purpose of artificially inducing a condition of body or mind so specified;
(c)
the issue of advertisements likely to lead to the use of medicinal products of a particular description or falling within a particular class specified in the regulations, or the use of any other substance or article of a description or class so specified, for any such purpose as is mentioned in paragraph (b);
(d)
the issue of advertisements relating to medicinal products and containing a word or phrase specified in the regulations, as being a word or phrase which, in the opinion of the Minister, is likely to mislead the public as to the nature or effects of the products or as to any condition of body or mind in connection with which the products might be used.
(2) Without prejudice to subsection (1), the Minister may by regulations impose such requirements as he considers necessary or expedient with respect to any one or more of the following matters:
(a)
the form and content of advertisements relating to medicinal products;
(b)
the obtaining of prior approval from the licensing authority for the issue of any such advertisements;
(c)
in the case of advertisements by way of cinematograph films or television, the duration for which, and the manner in which, any part of such an advertisement which contains particulars of a description specified in the regulations must be exhibited;
(d)
advertisements and representations directed to practitioners,
and any such regulations may prohibit the use, in relation to medicinal products of a description specified in the regulations, of advertisements of any particular kind so specified.
53.
—(1) The licensing authority may serve on any person a notice requiring him, within such time as may be specified in the notice, to furnish to the licensing authority such number of copies as may be so specified of any advertisement relating to medicinal products or to medicinal products of a description or falling within a class so specified, which such person has issued, or has caused to be issued, within 12 months ending with the date of service of the notice.
(2) Any person who without reasonable excuse fails to comply with any requirement imposed on him by a notice under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.