On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/09/2008.
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.