Topic: Undesirable medical advertisement and undesirable medical advertisements ordinance, Cap 231 Background of “Undesirable Medical Advertisements Ordinance” (Cap. 231) “Undesirable Medical Advertisements Ordinance” began in 1953, was revised in 1988. “In 2004, the Undesirable Medical Advertisements (Amendment) Bill. ” change to “Undesirable Medical Advertisements Ordinance” (Cap. 231). Its claim to prevent or treat specified in the Schedule to the Ordinance of the disease or pathological conditions: a) Sale or supply, or offer to sell or offer to supply, or for the sale or supply, of any (i) Drugs; (ii).
Surgical appliances; or (iii) Therapy, And such medicine, surgical appliance or treatment is contained in a labeled container or package. That constitutes an advertisement: b) When carrying any medicine, surgical appliance or treatment of the container or package available for the drug. Surgical appliance or treatment information, or provide information about other medicine, surgical appliance or treatment information does not constitute an advertisement. Nowadays, Department of Health set the following procedures, “Undesirable Medical Advertisements Ordinance”:
a) A review team (consisting of six dispensers and two other support staff) to review the advertising with the media, namely print media (i. e newspapers and magazines), outdoor media (i. e posters and signs) and electronic media (ie Internet, TV and radio). Examiner will work in accordance with the guidelines manual review, warning and be referred to the police investigation to find out. b) The prosecutions and punishment if that alleged violations of “Undesirable Medical Advertisements Ordinance,” the advertising, to the relevant Department of Health.
Released and sent warning letters to drug distribution, to remind them, such as the discovery of the same advertisement, Authorities may no longer notice the case of prosecution action. The publisher / distributor to ignore warnings and continue to publish advertising, the Department of Health will referral to police for investigation and prosecution. Any person who contravenes Article 3 (prohibition on certain diseases) or 4 (Prohibition of Advertisements relating to abortion) shall be guilty of an offense and liable on first. Conviction of a fine with $10,000 on first time.
And in the second or above to a fine of $ 25,000 and imprisonment for 1 year. Pros of “Undesirable Medical Advertisements Ordinance” (Cap. 231) The first purpose of it is to protect public health. How the regulation to safeguard the health of it? Most importantly, with the supervision will be no advertising on the exaggerated, no one to exaggerate medical efficacy, medical quality and ingredients can be assured, and the services available to the public can be protected. Second, it must be clear with the regulatory ingredients and usage. With the use of ingredients and clear, it can let you distinguish more easily.
Thus, the public have the right to choose its own security and available to help them make the correct choice of some of the medical. The third point, what are the benefits of the regulation? The purpose of supervision is to ensure that the industry and to enhance the professional standards of professional conduct to safeguard the public can provide quality service. Lastly, on the regulation of medical advertisement purposes must meet the medical policy development, medical promotion, medical advertisement services and other aspects of development.
These developments are now required to have a statutory body to monitor. Afterwards, to provide reliable and secure advertising to promote medical, but also can meet the Government’s overall policy. The cons of the “Undesirable Medical Advertisements Ordinance” (Cap. 231) This ordinance is about the limit of medical advertisements, so the advertisers have to know well which medicals are undesirable. Also, some diseases of advertising are make an exception. Because of these complex constraints, advertiser will commit to promote legislation easily.
If they break the law, the company has to receive compensation. And the advertiser cannot free to play their creativity. It is a big problem to them and it will influence the company’s income. At the same time, this ordinance also regulatory to cosmetics and medicines, so if some self-employed persons want to sell this kind of products like some DIY soap have therapy, they have to very careful on the words in advertisements and what they say when selling. For the consumer, the advertisers will fake out the consumer by the Loopholes in law.
For example, some sales will use the low price to attract the consumer so they can skip the sales process in oral. Thus the consumers will deceive more serious. And if the Ordinance will set up, it limits the medicine or medical information to the consumer. When they feel sick, they cannot buy the medicine immediate. Some prohibit or restrict the release of advertisement disease involved. That will make the trouble to the advertisers when they want to promote the medicine and meet the obstacle. There are the examples of the regulations. 1. Any benign or malignant tumors. 2.
Any viruses, bacteria, fungi or other infectious diseases, including tuberculosis, dysentery, Hepatitis and leprosy. 3. Any parasitic disease. 4. Disease and any other sexually transmitted diseases. 5. Any respiratory disease, including asthma, bronchitis and pneumonia. 6. Any heart or cardiovascular diseases, including rheumatic heart disease, arteriosclerosis, crown like arterial disease, arrhythmia, hypertension, cerebrovascular disease, congenital heart disease, blood clots Formation, peripheral artery disease, edema, retinal vascular changes and peripheral venous disease.
7. Any effect on vision, hearing or balance pathological conditions. 8. Any skin, hair or scalp. When we analyze the Undesirable Medical Advertisements Ordinance, we think the legislation of its good to the public and consumer protection. Although there are many details of the ordinance, the advertisers can through the ordinance to increase and remain the competitiveness in the market. It can save the live of public and ensure the health of them. To conclude, this ordinance is much good than harm.