DOH cracks down on 'misleading' food supplement ads

Finally cracking down on misleading ads for food supplements, the Department of Health laid down strict guidelines on their airing and publication. In Administrative Order 2010-0008 makers and distributors of such products are required to make clear to buyers that the products are not to be considered medicines. "MAHALAGANG PAALALA: ANG (NAME OF PRODUCT) AY HINDI GAMOT AT HINDI DAPAT GAMITING PANGGAMOT SA ANUMANG URI NG SAKIT (Important notice: The product is not medicine and is not to be used for treating diseases)," read the prescribed warning to be printed or aired in print and broadcast ads, and in sponsorship activities. The message is to replace the tag "No Approved Therapeutic Claim." The order was dated March 18 but was posted on the Food and Drug Administration website Wednesday. Cabral, in her order, reminded manufacturers and distributors of such products against false, deceptive or misleading advertisement, promotion or other marketing materials. "Accordingly, the use of the message or phrase 'No Approved Therapeutic Claim' shall no longer be allowed in any form of advertisement, promotion and/or sponsorship activities or materials concerning Food/Dietary Supplements commencing from the effectivity of this Order," she said. Print, broadcast guidelines For print and visual ads, the message must be 1/3 the size of the largest letter/logo and prominently, all in capital and bold letters, "printed above every advertisement, promotional activities or any materials used." Only the fonts Arial or Tahoma shall be used for the above standard message or phrase. For audio ads, the same message must be clearly and audibly voiced over without being cut off in the last line of the advertisement or promotions, regardless of its duration. In audio-visual ads, the warning must be "clearly and prominently shown during the entire broadcast." Cabral said the Food and Drug Administration and DOH, the Advertising Standards Council, and all TV and radio outlets should ensure compliance with the directive. On the other hand, the order banned ads, promotions or use of the supplements in any sponsorship unless the product is duly registered and approved with the FDA. It also banned the misrepresentation of supplements as being registered with FDA when they are not. On the other hand, it said claims of research results must be substantiated — and duly approved by the FDA before use in any ad or promotion. Penalties Misleading ads shall be considered a violation of Republic Act 9711. Under Section 11 of the law, violators face jail terms from one to 10 years, and/or a fine ranging from P50,000 to P500,000. If the offender is a manufacturer, importer or distributor of any health product, it will face jail of five to 10 years, and/or a fine of P500,000 to P5 million. An additional fine of one percent of the economic value/cost of the violative product or violation, or P1,000, whichever is higher, shall be imposed for each day of continuing violation. "Health products found in violation of the provisions of this Act and other relevant laws, rules and regulations may be seized and held in custody pending proceedings, without hearing or court order, when the director-general has reasonable cause to believe from facts found by him/her or an authorized officer or employee of the FDA that such health products may cause injury or prejudice to the consuming public," it added. If the offender is a foreign national, he/she shall, in addition to the penalties prescribed, be deported without further proceedings after service of sentence. — RSJ, GMANews.TV