Prior to the development of the Internet, pharmaceutical products, particularly, prescription drugs, were not readily available to consumers in absence of the existence of a doctor-patient relationship. Minimally, such a relationship traditionally involved a face-to-face encounter between the individual seeking treatment and a licensed health care professional. Using Internet technology, it is now possible for a consumer to procure these drugs without establishing a traditional doctor-patient relationship. At an increasing rate, consumers are embracing the opportunity to buy these drugs in the privacy of their own homes. The advertising of pharmaceutical products via the Internet, however, allows consumers to purchase various drugs without the ability to assess the quality of the site they are visiting. In Malaysia, the Medicines (Sale and Advertisement) Act 1956 control and restrict the advertisement of pharmaceutical products, which may influence or entice the use of the product for purpose of treating dangerous conditions. Section 4B (1) provides that:
“ No person shall take any part in the publication of any advertisement referring to any article, or articles of any description, in terms which are calculated to lead to the use of that article or articles of that description as a medicine, an appliance or a remedy for the purpose of treatment or prevention of diseases or conditions of human beings other than the diseases and conditions specified in subsection 3 (1), unless such advertisement has been approved by the Medicine Advertisements Board.”
The 1956 Act does not specifically mention about advertisements via the internet. Section 2 defines “advertisement” as including “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.” It is not clear whether the phrase “by any means of producing or transmitting sound light” can be held as covering advertisements via the Internet. However, the 1956 Act needs to be reviewed and updated to accommodate the developing technologies. There is also a need to have an on-line safety guide for consumers who wish to purchase pharmaceutical products online. In the United States of America, the Federal Food and Drug Administration provides such guide and the National Associations of Boards Pharmacy has a Verified Internet Pharmacy Practice Sites (VIPPS) program which provides voluntary certification to online pharmacies. To be VIPPS certified, a pharmacy must comply with the licensing and inspection requirements of their state and each state to which they dispense pharmaceuticals. In Australia, advertising of prescription medicines directly to consumers is prohibited. The Australian Pharmaceutical Manufacturers Association (APMA) Code of Conduct also prohibits advertising of prescription medicines Recognising the role of the Internet in providing pharmaceutical information, the APMA Code states that “APMA supports the right of its Members to use the Internet as a means of providing accurate and scientifically reliable information on medicines in a responsible manner for the benefit of both patients and health care professionals.” However the Code would be breached by promotion of prescription pharmaceuticals to the general public via the Internet. Advertising of therapeutic goods to the public is governed by a code of practice overseen by the Therapeutic Goods Advertising Code Council. The Malaysian Code of Conduct for Pharmacists and Bodies Corporate, on the other hand, does not directly prohibit advertising of any pharmaceutical products The only relevant article pertaining to this issue is Article 4 which states that:
“The practice by a practitioner of advertising, whether directly or indirectly, for the purpose of promoting his own professional advantage; or for such purpose of procuring or sanctioning, or acquiescing in, the publication of notices commending or directing attention to the professional skill, knowledge, services or qualifications, or depreciating those of others; or of being associated with such advertising or publication, is contrary to public Interest and discreditable to the profession. No practitioner shall therefore resort to any such practice. The Board recognises that the profession has a duty to disseminate information about advances in pharmaceutical sciences and therapeutics provided it is done in an ethical manner.”
In the light of global access to information over the Internet, it is imperative that there is a review on regulatory and legislative mechanisms that control the advertising of pharmaceutical products in Malaysia.
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