Malaysia legislation
Section 2
Section 2
Interpretation
“advertisement” includes any notice, circular, report, commentary, pamphlet, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light or sound;
“authorized officer” means a pharmacist in the public service who is authorized in writing by the Minister under section 6A to exercise the powers of an authorized officer under this Act;
“Poisons List” means the Poisons List in the First Schedule to the
Poisons Act 1952 [Act 366], or the corresponding provision of law in force in Sabah or Sarawak, as the case may be;
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“private hospital” means a hospital registered under the Private
Hospitals Act 1971 [Act 43];
“proprietary designation”, in relation to the sale of an article consisting of or comprising a substance recommended as a medicine, means a word or words used or proposed to be used in connection with the sale of articles consisting of or comprising the substance for the purpose of indicating that they are goods of a particular person by virtue of manufacture, selection, certification, dealing with or offering for sale; and the expression “proprietor”, in relation to such a designation, means the person whose goods are indicated or intended to be indicated as aforesaid by the designation;
“public hospital” includes any public clinic, public dispensary or other public institution for the reception of the sick whether as in-patients or out-patients;
“registered” used with reference to a person practicing a profesion means registered under the provisions of the law for the time being applicable to the registration of persons practising such profession;
“substance” includes a preparation;
“substance recommended as a medicine”, in relation to the sale of an article consisting or comprising a substance so recommended means a substance which is referred to—
(a)
on the article, or on any wrapper or container in which the article is sold, or on any label affixed to, or in any document enclosed in, the article or such a wrapper or container; or
(b)
in any placard or other document exhibited at the place where the article is sold; or
(c)
in any advertisement published after the passing of this
Act by or on behalf of the manufacturer of the article, or the person carrying on the business in the course of which the article was sold, or, in a case where the article
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was under a proprietary designation, the proprietor of the designation, in terms which are calculated to lead to the use of the substance for the prevention or treatment of any ailment, infirmity or injury affecting the human body, not being terms which give a definite indication that the substance is intended to be used as, or as part of, a food or drink, and not as, or as part of, a medicine;
“word” includes a letter and a numeral.
Prohibition of advertisements relating to certain diseases