57 Restrictions on advertisements

(1)

No person shall publish or cause to be published, either on that person’s own account or as the agent or employee of the person seeking to promote the sale, any medical advertisement that—

(a)

directly or by implication qualifies or is contrary to any statement or other particulars required by regulations made under this Act to be marked on or attached to medicines or medical devices of the description, kind, or class, to which the medicines or medical devices advertised, or appearing to be advertised, belong or appear to belong, or on or to packages or containers enclosing medicines or medical devices of that description, kind, or class; or

(b)

is prohibited by any such regulations from being marked on or attached to, or on or to packages or containers enclosing, medicines or medical devices of that description, kind, or class; or

(c)

omits from the name or description of the medicines or medical devices advertised any word or words required by any such regulations to be included in the name or description marked on or attached to, or on or to packages or containers enclosing, medicines or medical devices of that description, kind, or class; or

(d)

fails to make any statement required by any such regulations to be made in an advertisement relating to medicines or medical devices of that description, kind, or class; or

(e)

makes any statement prohibited by any such regulations from being made in an advertisement relating to medicines or medical devices of that description, kind, or class; or

(f)

is false, or is likely to mislead any other person, with regard to the nature, quality, strength, purity, composition, origin, age, uses, or effects of medicines or medical devices of that description, kind, or class or of any ingredient or component thereof; or

(g)

directly or by implication states or suggests that medicines or medical devices of that description, kind, or class, cannot harm any person, or any person belonging to a particular class of persons, or is not habit-forming.

(2)

For the purposes of subsection (1), any words that must be included in an advertisement in order to avoid a contravention of that subsection shall, where they appear in an advertisement published by television or otherwise in a transitory manner on a screen, be disregarded unless they are exposed in clearly legible lettering for a length of time sufficient to enable them to be read by the ordinary viewer.

(3)

For the purposes of subsection (1)(f), a medical advertisement shall be deemed to be likely to mislead any person with regard to the uses or effects of medicines or medical devices of a particular description, kind, or class, or of any ingredient or component thereof, if it is likely to mislead with regard to—

(a)

any purposes for which medicines or medical devices of that description, kind, or class, or any ingredient or component thereof, can be used with reasonable safety; or

(b)

any purposes for which such medicines or medical devices, or any such ingredient or component, cannot be so used; or

(c)

any effects that such medicines or medical devices, or any such ingredient or component, when used, or when used in any particular way referred to in the advertisement, produce or are intended to produce.

(4)

Without prejudice to any liability in respect of any offence against any regulations made under this Act, every person commits an offence against this Act who contravenes any of the provisions of subsection (1).

Compare: 1960 No 97 s 29; 1969 No 7 s 8; SR 1964/64 r 21