Advertising

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.

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.

Why some of the product claims are being strike off in format approved by MAB?

Referring Medicine Advertisements Board Policy and Decision MAB 3/2017 and Paragraph 5.2 Registered Medicinal Products Advertising Approval Guideline, claims made in an advertisement must be in accordance to the product indication and /or label as approved by the Drug Control Authority. 

Product claims that are beyond the indication approved by Drug Control Authority will not be accepted and approved in an advertisement. Medicine Advertisements Board would like to advise company to apply variation in their product claims to Drug Control Authority before submitting to Medicine Advertisements Board. 
 

Is Group B Poisons allowed to be advertised to the public?

The controlled medicine obtained from registered medical practitioners, registered dentists, or licensed/ registered pharmacists for the purpose of treating patients is categorized as Group B and C poisons under the Poison Act 1952. Group B poisons are medications that require prescription from a medical practitioner after consultation with the patient. Meanwhile, Group C poisons do not require a prescription and can be supplied by registered medical practitioners, registered dentists or licensed/ registered pharmacists. Current Medicine Advertisements Board Policy does not allow advertisement of poisons as specified in the First Schedule of Poisons Act 1952 unless exempted as stated in Paragraph 2.5 Registered Medicinal Products Advertising Approval Guideline, subsection 2.5.2-

  1. Scheduled poisons for nicotine replacement therapy 
  2. new products that comply with the following criteria may be granted approval for publication as a press release only, namely 
    • products that are newly registered with the Drug Control Authority, Malaysia, and no other similar poison products available in Malaysia; 
    • products with a combination of active pharmaceutical ingredients that are newly registered with the Drug Control Authority Malaysia and no other similar combination of pharmaceutical ingredients available in Malaysia; 
    • existing products approved for new indications by the Drug Control Authority Malaysia; and 
    • Product indication that does not contravene with Section 3(1) of the Medicines (Advertisement and Sale) Act 1956.

What kind of product advertisements requires approval from Medicine Advertisements Board (MAB)?

Advertisements for supplement products, Over-The-Counter (OTC) products and traditional products that have been registered with Drug Control Authority (DCA) require approval from MAB.

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