Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient?
Herbal supplements and traditional medicines have become very popular among consumers as part of treatment for diseases as well as to improve general health and well-being. Manufacturers and producers of these products are now taking the benefits of the internet to market them as they could easi...
| Main Authors: | , , , , |
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
IEEE Xplore
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/71448/ http://irep.iium.edu.my/71448/ http://irep.iium.edu.my/71448/ http://irep.iium.edu.my/71448/1/71448_Protecting%20Consumers%20from%20Misleading%20Online.pdf http://irep.iium.edu.my/71448/7/71448%20Protecting%20Consumers%20from%20Misleading%20Online%20Advertisement%20SCOPUS.pdf |
| Summary: | Herbal supplements and traditional medicines have
become very popular among consumers as part of treatment for
diseases as well as to improve general health and well-being.
Manufacturers and producers of these products are now taking
the benefits of the internet to market them as they could easily
reach a large number of potential buyers and end-users. In fact,
internet advertising has globally become one of the favourite
models of advertising with the rise of digital equipment and media
in particular smart phones and other gadgets which enable access
to the internet. The problem arises when some online
advertisements including those published on social media are
found to be illegal, misleading and deceptive as it contains inter
alia, dubious or unproven claims in relation to the use and efficacy
of herbal and traditional medicines. From regulatory perspective,
all type of dissemination of information about products and health
services including to market the products online are classified as
advertisement. In Malaysia, the approval from Medicine
Advertisements Board (MAB) under the Ministry of Health
(MOH) is required before the advertisement can be published to
the public. This paper uses doctrinal legal research method in
examining the current issues and challenges revolving around
illegal and misleading advertisements of herbal and traditional
medicines. It then proceeds to discuss the relevant regulatory
framework to address those issues, in particular the important
role played by MAB. Relevant legislations from Australia, United
States (US) and European Union (EU) are also explored for the
purpose of emulating best practices with a view to enhance the
existing legal mechanism in Malaysia. The paper concludes with
some suggestions to further tighten up some of the provisions in
particular the enforcement and monitoring mechanism so that
consumers will be better protected from unscrupulous and
irresponsible online advertisements. |
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