Advertisement of medicinal products: a comparative legal study between Malaysia and the United Kingdom / Halimatussa'adiah Mat Som, Masliza Arip and Shafilliza Samsuri

There is a growing need for the control of medicinal product advertisements to ensure the public interest is protected from harm and complications due to misleading, untrue and highly exaggerated advertisements. The objectives of this study are to examine and compare the present laws and regulations in Malaysia and the United Kingdom that relate to medicinal product advertisements. Furthermore, this study aims to identify whether self-regulation approach can be adopted in Malaysia. The study is conducted through library research as well as interviews. The monitoring of medicinal product advertisements in Malaysia and the United Kingdom consists of statutory control and self-regulatory control that have their own responsibilities in controlling the advertising industries. The Medicines (Advertisement and Sale) Act 1956 that governs the medicinal product advertisements in Malaysia shows some grey areas. However, the control of medicinal product advertisements in the United Kingdom shows a more comprehensive system where it clearly describes the role of statutory control and self-regulatory control in the Medicines Act 1968 and its regulations. Furthermore, the cooperation between the statutory and self-regulation control in the United Kingdom is more established compared to Malaysia. In conclusion, the legislations in Malaysia may need to be amended for improving the control of medicinal product advertisements. Besides that, in order to adopt self-regulation control as practiced in the United Kingdom, self-regulatory bodies in Malaysia must establish their role before they can carry out those responsibilities.