Despite a legal challenge from manufacturers, the Health Department is standing pat on its drive against misleading ads about food supplements.
Department of Health (DOH) Secretary Esperanza Cabral on Saturday said she cannot allow the public to buy food and herbal supplements because they mistakenly believe these items can cure diseases.
The DOH had issued strict guidelines on the airing and publication of misleading information on food supplement ads. “Di namin sinasabing huwag bilhin ang mga ito. Ang sinasabi namin sa manufacturers na huwag gumawa ng [misleading] advertisements (We are not asking consumers not to buy the products. We are asking the manufacturers not to make misleading advertisements)," she said in an interview on dzBB radio.
She also said her office has sought the dismissal of charges lodged by makers of herbal products, saying the charges against her were baseless.
Our accusers’ claims are baseless. We cannot allow consumers to think they can get well by buying products with no proven curative properties, she said in Filipino.
Besides, she said the order to place conspicuous health notices was not an attempt to stop people from buying the food-supplement products altogether.
Rather, Cabral said the objective of the order was to stop “misleading" advertisements.
“Gusto naming malaman ng tao kung anong binibili nila. Pinapalabas nila parang gamot ang food supplements (We must make sure consumers have an idea what they are buying. Many food supplements are being advertised as surefire medicine)," she said.
Earlier, the Chamber of Herbal Industries of the Philippines Inc. filed graft charges against Cabral for issuing a directive on the label warning.
It said Administrative Order (AO) 2010-0008 was issued in “bad faith, meant to cause injury against the herbal industry."
Under AO 2010-0008, makers and distributors of such products are required to make clear [in the labels] 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."
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 font type 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 (FDA) and the DOH, the Advertising Standards Council, and all TV and radio outlets should ensure compliance with the directive.
On the other hand, the order bans ads, promotions or use of the supplements in any sponsorship unless the product is duly registered with and by the FDA.
It also bans the misrepresentation of supplements as being registered with FDA when they are not.
Moreover, it said claims of research results must be substantiated - and duly approved by the FDA before use in any ad or promotional materials.
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 term 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 foreigner, they will be, in addition to the penalties prescribed, be deported without further proceedings after service of sentence. — LBG
