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Can leadership claim (ex: No. 1) of a product be made in an advertisement?

No, the use of leadership claim of a product is prohibited. Surveys relying on unvalidated data, due to a lack of recognition by authorities, may deem the claims unjustifiable. Furthermore, making a leadership claim of a product in another way tends to disparage and discredit competitor’s product directly or by implication. Please refer to Registered Medicinal Product Advertising Approval Guidelines Paragraph 3.9 Denigration, Refution And Disparagement Towards Other Parties and Appendix 7 No. 19 (List of Superlatives/Hyperboles).

Can comparison to “Brand X” product be made in an advertisement?

Please refer to Registered Medicinal Product Advertising Approval Guidelines Paragraph 4.8 Comparative Advertising. Comparison of a registered health product with “Brand X” product is not possible because “Brand X” product is not a product registered with DCA and unidentifiable. Hence, comparison with a product that does not exist is a false claim. 

Is comparative advertising allowed in an advertisement?

Please refer to Registered Medicinal Product Advertising Approval Guidelines Paragraph 4.8 Comparative Advertising. Comparative advertising is allowed in the context where it is compared with their own products from the same company.

Is statement from healthcare professional allowed in product advertisements?

Healthcare professionals may participate in NCE press release advertisement to explain about a disease, statistics on diseases etc. However, healthcare professionals are not allowed, whether directly or indirectly, to promote, suggest, endorse or encourage the use of the NCE being published. Please refer to Registered Medicinal Product Advertising Approval Guidelines Paragraph 4.3 Impressions of Health Care Professional Advice or Endorsement. 
 

Is creativity allowed in advertisements?

Creativity in healthcare advertisement is allowed provided that the creativity does not mislead the public, aligned with indication approved by DCA and in compliance with the guidelines and policies made by MAB. This is the decision made in the MAB Meeting No.3/2021 on December 2021. Please refer to Registered Medicinal Products Advertising Approval Guidelines:

Paragraph 3.3 Creativity, subsection 3.3.1- Creativity in product advertising must align with the advertising principles outlined in these guidelines.

Perenggan 3.3 Creativity, subsection 3.3.2- Creativity elements in advertising should not ignore consumers safety. As medicinal products affect consumers health, the information conveyed through the advertisement must be clear, accurate and not confusing or obscured by excessive creativity elements.

Perenggan 3.3 Creativity, subsection 3.3.3- The element of creativity in advertising cannot ignore the standards of morality and decency practiced in Malaysia.

In addition, in MAB meeting No.1/2020 held on 8 July 2020, the members of MAB reiterated that healthcare advertisement which involve patients is incomparable to others non-regulated product advertisement such as detergent.
 

Is the use of animal/ non-human characters allowed in advertisements?

All characters in the product packaging are allowed to be used in the advertisement as their intended purposes. 
Please refer to the Registered Medicinal Products Advertising Approval Guidelines:

Paragraph 3.2 General Principles, subsection 3.2.2 – Advertisements must contain information that is reliable, accurate, true, informative, fair, objective, unambiguous, balanced, up-to-date, verifiable, and non-offensive.  
 
Paragraph 3.5 Animal Image in Advertisement - Animal images in advertisements should be used with caution to ensure that consumers are not misled into believing that the advertised product is intended for veterinary use.

Pharmacy Quality Improvement Initiatives Sharing Seminar 2023

Date: 19 February 2024 - 7:58am

Pharmacy Quality Improvement Initiatives Sharing Seminar No.1/2023 aims to;

Is company allowed to request amendment for advertisement that is not approved by MAB?

Company is allowed to apply for amendment to the advertisement approved by Medicine Advertisements Board within two (2) months from the date of approval. Company may submit the application by fill in the Borang Permohonan Pindaan Kelulusan Format Iklan (K-FR-27 form) including required documents with justifications. Please refer to Paragraph 2.15 Registered Medicinal Products Advertising Approval Guideline. Company will have to submit a new application if the specified period is exceeded. 

How is the advertisement approval process carried out in Pharmaceutical Services Program?

According to R4(1) MABR 1976, the Board have the power to regulate its own procedure in approving advertisement. Before the year 2012, all application of approval was being processed and approved in MAB meeting. In year 2004, Fast Track Service had been introduced and the advertisement application processing time is 7 working days. It was then reduced to 5 working days in year 2010. Since 2012, mandate has been given to Secretariat MAB to facilitate the processing and approval of advertisement based on guidelines and policies set by MAB to fulfil the client charter.

Are claims that were previously approved will not be allowed in new application of approval?

Yes, claims that were previously approved will not be allowed in new application of approval if it is beyond the indication approved by DCA as stipulated in MAB policy MAB 3/2017 Claims. According to R4(1) Medicine Advertisements Board Regulation 1976 (referred to as MABR 1976 hereafter), MAB has the power to regulate its own procedures for advertisement approval purposes. Hence, there are changes in policy and MAB guidelines which has been discussed among members of MAB and agreed in MAB meeting over the year to align with ever-evolving healthcare marketing and advertising techniques. This is fundamental to make sure the approval of advertisement is up-to-date and able to meet contemporary health issues, development, safety, and ethics. Besides, according to R5(4) MABR 1976, MAB in its discretion, may issue or refuse to issue approval or may cancel an approval previously issued.

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