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...
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iium-714482019-06-14T02:24:37Z http://irep.iium.edu.my/71448/ Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? Ismail, Suzi Fadhilah Daud, Mahyuddin Abd. Jalil, Juriah Abdul Ghani Azmi, Ida Madieha Safuan, Sahida K Law (General) KPG Malaysia RA Public aspects of medicine 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. IEEE Xplore 2019-03-28 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/71448/1/71448_Protecting%20Consumers%20from%20Misleading%20Online.pdf application/pdf en http://irep.iium.edu.my/71448/7/71448%20Protecting%20Consumers%20from%20Misleading%20Online%20Advertisement%20SCOPUS.pdf Ismail, Suzi Fadhilah and Daud, Mahyuddin and Abd. Jalil, Juriah and Abdul Ghani Azmi, Ida Madieha and Safuan, Sahida (2019) Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? In: The 6th International Conference on Cyber and IT Service Management (CITSM 2018), 7th-9th August 2018, Parapat, Danau Toba, Indonesia. https://ieeexplore.ieee.org/document/8674372 10.1109/CITSM.2018.8674372 |
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institution_category |
Local University |
institution |
International Islamic University Malaysia |
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language |
English English |
topic |
K Law (General) KPG Malaysia RA Public aspects of medicine |
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K Law (General) KPG Malaysia RA Public aspects of medicine Ismail, Suzi Fadhilah Daud, Mahyuddin Abd. Jalil, Juriah Abdul Ghani Azmi, Ida Madieha Safuan, Sahida Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
description |
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. |
format |
Conference or Workshop Item |
author |
Ismail, Suzi Fadhilah Daud, Mahyuddin Abd. Jalil, Juriah Abdul Ghani Azmi, Ida Madieha Safuan, Sahida |
author_facet |
Ismail, Suzi Fadhilah Daud, Mahyuddin Abd. Jalil, Juriah Abdul Ghani Azmi, Ida Madieha Safuan, Sahida |
author_sort |
Ismail, Suzi Fadhilah |
title |
Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
title_short |
Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
title_full |
Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
title_fullStr |
Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
title_full_unstemmed |
Protecting consumers from misleading online advertisement for herbal and traditional medicines in Malaysia: are the laws sufficient? |
title_sort |
protecting consumers from misleading online advertisement for herbal and traditional medicines in malaysia: are the laws sufficient? |
publisher |
IEEE Xplore |
publishDate |
2019 |
url |
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 |
first_indexed |
2023-09-18T21:41:19Z |
last_indexed |
2023-09-18T21:41:19Z |
_version_ |
1777413158778961920 |