It is an offence to advertise, sell unregistered products – FDA warns

The Food and Drugs Authority (FDA), has cautioned manufacturers, importers, exporters and the public that it is an offence to manufacture, prepare, import, export, distribute, sell, supply or exhibit for sale any of FDA’s regulated products namely - food, drugs, cosmetics, medical devices and household chemicals which have not been duly registered with the Authority.

In a new year public notice by the FDA, it reminded media houses, social media influencers and celebrities “who endorse products that it is an offence under Section 100 of Act 851 to advertise any food as a preventive or cure for a disease, disorder, or an abnormal physical state.”

It also added that drug advertisements for the treatment, prevention or cure of diseases such as “sexually transmitted diseases, cancer, hypertension, sexual impotence etc are prohibited under law.”

The Authority further urged media presenters to note that “Live Presenter Mentions [LPMs] intended to advertise or promote any FDA regulated products are not allowed,” while, “all approved advertisements are valid for one year and must be renewed thereafter.”

Read details of the statement below:

ENFORCEMENT OF FDA REGULATIONS

As we begin a new year, the FDA wishes to assure the general public of its continuous commitment to safeguard public health and safety.

To this end, the Authority hereby reminds manufacturers, importers, exporters and the public that it is an offence under the Public Health Act, 2012, Act 851, to manufacture, prepare,import, export, distribute, sell, supply or exhibit for sale any of FDA’s regulated products namely-food, drugs, cosmetics, medical devices and household chemicals which have not been duly registered with the Authority.

Media houses as well as social media influencers and celebrities who endorse products are to note that it is an offence under Section 100 of Act 851 to advertise any food as a preventive or cure for a disease, disorder, or an abnormal physical state. Furthermore, drug advertisements for the treatment, prevention or cure of diseases listed in the Fifth Schedule of Act 851 such as sexually transmitted diseases, cancer, hypertension, sexual impotence etc are prohibited under law.

Media presenters are to note that Live Presenter Mentions intended to advertise or promote any FDA regulated products are not allowed.

It is also to be noted that all approved advertisements are valid for one year and must be renewed thereafter.

Pursuant to Section 129 of Act 851, persons who contravene the above provisions are liable to “a summary conviction and/or a fine of not less than 7500 penalty units and not more than fifteen thousand penalty units or to a term of imprisonment of not less than fifteen years and not more than twenty-five years or both".

The Authority encourages the public to continue to take advantage of the Progressive Licensing Scheme to expand the scope and reach locally manufactured products.

We also urge the public to return any unused and expired medicines to designated pharmacies as part of the Take Back Unwanted Medicines project aimed at protecting public health and safety.

Thank you for reporting any unscrupulous activities that compromise public health and safety.

DELESE A. A. DARKO (MRS)

CHIEF EXECUTIVE OFFICER