Regulations on Advertisements of Medicines in Malaysia
Are the advertisements of medicine regulated in Malaysia?
Yes, Medicines (Advertisement and Sale) Act 1956 prohibits certain advertisements relating to medical matters and regulates the sale of substances recommended as a medicine.
What are the restrictions?
The advertisements of substance purportedly effective for the prevention or treatment of diseases such as diabetes, epilepsy, tuberculosis, asthma, cancer, hypertension, mental disorder, infertility and venereal disease are restricted.
There are specific requirements for the disclosure of composition of substance sold and recommended as medicine. Appropriate designation and quantitative particulars are to be affixed on the container of the medicine.
What if the advertisements are not directly related to a medicine, but merely featuring a person seemingly sharing his knowledge on medicine?
Advertisements as such are equally regulated as no person shall take part in the publication of any advertisement which refers to any skill or service relating to the treatment, prevention or diagnosis of any disease which is capable of inducing any person to seek advice of the person in the advertisement in connection with such skill or service.
Who can advertise then?
Qualified and registered persons or bodies approved by the Ministry of Health or the Medicine Advertisement Board.
What is the punishment for violating the law?
In the case of first conviction, fine up to RM3,000.00 or jail up to a year or both. In the case of subsequent conviction, fine up to RM5,000.00 or jail up to 2 years or both.