What is Cap. 231 of Hong Kong about?

Answer 1

Cap. 231 is the Undesirable Medical Advertisements Ordinance. Advertisements is interpreted as posters, circular labels, wrappers, notices, or documents that is announced orally or transmitted or produced with light or sound. Selling, supplying, offering or exposing something for sale in a labelled container or package is considered as advertising in this ordinance. Anything which appears inside a container or package does not count.

Medicine refers to any medicament or other curative or preventive substance. This includes registered medicines, Chinese medicines, and purported natural remedies.

A defence can be made if the advertisement only appears in a publication of technical character designed to be mainly circulated among, registered doctors, registered pharmacist, registered Chinese medicine practitioners, medical, and para-medical staff as stated in Schedule 5.

According to Schedule 3 and 4, nobody is allowed to publish, cause to be publish any advertisement which has a high chance of leading people to use any medicine, surgical appliance, or treatment stated in Schedule 1 (except Column 2) and Schedule 2. Nobody is also allowed to write, print, publish any advertisements related to miscarriage or direct this to happen.

Schedule 1 includes diseases or conditions that are prohibited or restricted. There are a total of 14 items. Advertisements which talk about treating human beings or preventing them from contracting the disease or condition are not allowed.

The following items are in Column 1:

-Any type of tumour

-Any cardiovascular disease

-Any endocrine disease or organic or functional conditions linked to the under or over activity of the endocrine system

-Any venereal disease

-Any genitourinary disease

Column 2 is permitted. Advertisements which talk about treating human beings for the purposes stated in Column 2 is not allowed. Advertisements related to diseases of conditions in Column 2 can be made as long as they include permitted claims on treating or preventing minor ailments, relieving symptoms, or being used externally.

The following items appear in Column 1 and 2:

-Infectious diseases appear in Column 1 except the treatment and prevention of minor cutaneous infections by applying medication to the body's external surface, reducing the symptoms apthous ulcer, reducing the symptoms of common colds and influenza, preventing common colds, and treating minor acute inflammatory conditions in the pharynx or buccal cavity.

-Parasitic diseases appear in Column 1 except the treatment scabies, or infestation caused by rounworm, lice, or threadworms.

-Respiratory diseases appear in Column 1 except reducing the symptoms of hay fever and relieving blocked-up sinuses.

-Gastrointestinal diseases appear in Column 1 except reducing the symptoms of indigestion, heartburn, dyspepsia, occasional diarrhoea, preventing travel sickness, and treating hemorrhoids with locally effective agents or agents which soften stool.

-Diseases of the nervous system appear in Column 1 except reducing the symptoms of headaches.

-Diseases of the blood and lymphatic system appear in Column 1 except the usage of vitamins or minerals to prevent deficiency.

-Muscular-skeletal diseases appear in Column 1 except the external use of medication to reduce symptoms of muscular pain, stiffness or cramps

-Organic conditions which affect a person's eyesight, hearing, or balance appear in Column 1 except the local administration of eye preparations to reduce symptoms, and the local administration of medication as a solvent for ear wax.

-Diseases of the skin, hair, or scalp appear in Column 1 except preventing pimples, reducing symptoms of eczema and Allergies, external treatments for treating pimples, eczema, and athlete's foot, external preparations for treating or preventing dandruffs, preventing or treating contact dermatitis, treating hard skin and corns, and reducing the symptoms of or preventing cold sores.

Advertisements which talk about treating human beings for anything mentioned in Column 2 is not allowed. This includes the induction or menstruation, the relief of any obstetrical or gynaecological disease, the promotion of sexual desire or fertility, and surgical alteration of a person's looks.

Statements which are seen as claims for preventing or treating diseases include claims that the product or treatment has an effect on a certain disease or disease class, reduces the chances of developing a disease or disease class, or produces of an effect of the symptoms of a certain disease or disease class.

The advertisements of many orally consumed products is also seen as undesirable. Orally consumed products is interpreted as a product intended for humans to take orally (i.e. oral medicine). It can come in different forms such as tablets, powders, or liquids. Products which are customarily consumed as foods or drinks are not included in this definition.

Nobody is allowed to publish or cause to to be published an advertisement for orally consumed products which a claim mentioned in Schedule 4's Column 1. Any similar claim which can be interpreted as having a similar meaning as the specified claims are also prohibited. Claims in Schedule 4's Column 2 are allowed.

Schedule 4 has 6 claims which 2 types of restrictions.Three are high risk claims are they are not allowed. Three are lesser risk claims and they are restricted as long as they include the prescribed claims.

Prohibited claims include:

-Preventing, treating, or removing breast lumps

-Regulating the genitourinary system or improving symptoms of problems related to the genitourinary system

-Regulating the endocrine system or altering or maintaining the secretion of hormones

Restricted claims include:

-Regulating body sugar or glucose

-Regulating blood pressure

-Regulating cholesterol or lipids in the blood

For orally consumed products with a permissible claim which are not registered as pharmaceutical products or Chinese medicines, a disclaimer needs to be added. If the entire or parts of the advertisement is in English or Chinese, the language of a claim mentioned in Column 2 may be limited to that. If another claim or disclaimer mentioned in Column 2 also appears in that advertisement, it must be limited to that language.

It is presumed that a person named in an advertisement is the manufacturing or supplier of that product and can provide such treatment unless the contrary is proved. Providing the contact information of that person in an advertisement also counts. An offense of Cap. 231 for the first time leads to a fine of HKD5000 and imprisonment for 6 months. An offense of Cap. 231 for the second time leads to a fine of HKD100000 and imprisonment for a year.