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Undesirable Medical Advertisements (Amendment) Bill gazetted
The Undesirable Medical Advertisements (Amendment) Bill 2004 which seeks to provide legislative backing to prohibit/restrict selected undesirable claims is published in the Government gazette today (February 6).
The bill proposes to add a new Schedule 4 to the Undesirable Medical Advertisements Ordinance (UMAO) to bring six additional groups of claims under its regulation.
It also proposes to apply the prohibition/restriction on advertising of claims specified in Schedule 4 to all orally consumed products, except those customarily consumed as food or drink, a spokesman for the Health, Welfare and Food Bureau said.
"These claims are considered undesirable because they may imply the prevention or treatment of certain diseases, which may delay the public from seeking proper medical advice and treatment," the spokesman said.
Schedule 4 of the bill sets out six groups of prohibited/restricted claims, which are subject to two levels of restriction based on the risk-based approach.
The first level of restriction will apply to the most risky claims, namely the claims relating to the prevention, elimination or treatment of breast lumps; the regulation of function of the genitourinary system; and the regulation of the endocrine system.
"The making of such claims will not be allowed under any circumstances," the spokesman said.
The second level of restriction is applicable to three other types of claims: regulation of body sugar or glucose and/or alteration of functions of pancreas; regulation of blood pressure; and regulation of blood lipid or cholesterol.
"For this level, we propose to allow manufacturers or traders to make the two permissible claims as specified for each type of claim in the new schedule.
"For products making the specified claims under this level, and which are not registered under the Pharmacy and Poisons Ordinance and Chinese Medicine Ordinance, they must explicitly say so in the form of a disclaimer both on the packaging and in the advertisement," the spokesman added.
The "health food" industry will be given a grace period of at least 18 months to make changes and prepare to comply with the new requirements upon the enactment of the new schedule of prohibited claims.
The bill also proposes to increase the penalty for contravention of the UMAO from $10,000 to $50,000 and imprisonment for six months for a first offence, and from $25,000 and imprisonment for one year to $100,000 and imprisonment for one year for a repeat offence.
The Undesirable Medical Advertisements (Amendment) Bill 2004 will be introduced into the Legislative Council on February 11.
Ends/Friday, February 6, 2004
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