The rapid growth of the internet and the evolution of digital marketing have significantly transformed the landscape of health product sales.
Nowadays, consumers have unprecedented access to a vast array of health products through e-commerce platforms, social media and influencer-driven marketing.
With this increased accessibility, consumers are often drawn to health products that are promoted as products that enhance overall well-being.
However, the growing online market also raises concerns about product authenticity, safety and regulatory compliance, making it crucial for consumers to make well-informed decisions.
Current marketing trends
Health products, particularly supplements, come in various forms, including capsules, tablets, powders and liquids; however, they do not include injections or eye drops.
Supplements may contain essential nutrients such as vitamins, minerals, amino acids and fatty acids, along with natural ingredients derived from plants, animals or minerals.
These natural components are often found in the form of extracts or concentrates.
In some cases, they may also include synthetic ingredients, provided that their safety has been scientifically validated.
As the demand for supplements continues to grow, marketing strategies have evolved beyond traditional advertising, with social media influencers and celebrities playing an increasingly pivotal role in this evolving landscape.
They often leverage their large follower base to promote health products with claims that closely resemble pharmaceutical treatments.
The effectiveness of influencer marketing lies in the personal connection these individuals establish with their audience, fostering a sense of trust and authenticity that traditional advertisements often lack.
However, while influencers may excel at engaging audiences, they are usually unlikely to possess the knowledge needed to assess the safety and quality of the products they promote.
This raises growing concerns about the potential spread of misinformation and the endorse-ment of unregulated, or even harmful, health products, posing potential health risks to the public.
Strict regulation
In Malaysia, advertisements are broadly and comprehensively defined under the Medicines (Advertisement and Sale) Act (MASA) 1956.
Advertisements cover any form of communication intended to promote a product, service or idea, whether in written, verbal or visual form.
These include notices, circulars, reports, commentaries, brochures, labels, packaging, and even verbal announcements or digital content that transmit light or sound.
In today’s digital age, the definition also applies to social media posts, product reviews, testimonials and professional endorsements, regardless of the platform.
The regulation of health product advertising is primarily governed by the MASA 1956 and other supporting guidelines designed to safeguard public health.
The main objective of these regulations is to ensure that health product advertisements are truthful, not misleading, and compliant with legal and ethical standards.
As part of these regulations, controlled medicines, such as antibiotics, high blood pressure drugs, diabetic drugs, cancer drugs and many others, cannot be advertised to the public.
In contrast, registered health products are permitted to be advertised, but require prior approval from the Medicine Advertisements Board (MAB).
MAB is the regulatory body overseeing health product advertisements.
Guidelines for influencers
Many influencers and companies – knowingly or unknowingly – promote health products illegally, often making exaggerated claims without scientific validation.
Recognising the significant impact of celebrities and social media personalities, the Health Ministry has introduced specific guidelines to regulate their role in health product advertising.
The Panduan kepada Selebriti dalam Pengiklanan Produk Kesihatan (Guidelines for Celebrities in Advertising Health Products) outlines the responsibilities of influencers and public figures when advertising health-related products.
Any product they promote must be registered with the Health Ministry.
Celebrities or influencers should ensure that the product holder has obtained approval from the MAB for all promotional materials, including scripts, videos and advertisements.
Unscripted or spontaneous promotions, including testimonials, are strictly prohibited and considered illegal.
Additionally, they are prohibited from associating any product with sunnah food or related elements, as this directly contradicts the guidelines by the Islamic Development Department (better known by its Malay acronym Jakim).
They should also comply with the Consumer Protection Act 1999, which prohibits false or misleading statements about a product’s safety, efficacy or approval status.
Celebrities and influencers who violate the advertising regulations outlined in the MASA 1956 can face legal consequences.
Under Section 5 of the Act, individuals found guilty of advertising offences may face substantial penalties.
For a first offence, violators can be fined up to RM3,000 or imprisoned for up to one year, or both.
Repeat offenders can be fined up to RM5,000 or imprisoned for up to two years, or both.
These penalties are not limited to product manufacturers or distributors.
They extend to all parties involved in the advertisement process, including influencers, brand ambassadors, media outlets, advertising agencies, and even event hosts associated with the promotional campaign.
Protect yourself
Influencers and celebrities are strongly encouraged to conduct thorough background checks on companies before advertising their products.
This includes reviewing the company’s legal history to determine whether it has previously been implicated in regulatory violations.
Additionally, they should monitor the official websites and social media platforms of the brands they represent to ensure no misleading advertisements are published under their name.
By taking these precautions, influencers and celebrities can protect themselves from legal consequences and uphold ethical standards in health product advertising.
Apart from influencers and celebrities, many individuals promote health products through direct selling and multi-level marketing (MLM).
While these ventures can be profitable, sellers must exercise caution when advertising health-related products.
They must ensure that the products they promote are registered with the Health Ministry and comply with all relevant health and advertising regulations.
For any inquiries regarding medicines, please call the National Pharmacy Call Centre (NPCC) at the toll-free number 1-800-88-6722 during weekdays from 8am to 5pm, except on public holidays.
Tan Zhi Shan Sujata is a pharmacist with the Labuan Health Department’s Pharmacy Enforcement Subdivision. This article is courtesy of the Health Ministry’s Pharmacy Practice and Development Division. For more information, email starhealth@thestar.com.my. The information provided is for educational and communication purposes only, and should not be considered as medical advice. The Star does not give any warranty on accuracy, completeness, functionality, usefulness or other assurances as to the content appearing in this article. The Star disclaims all responsibility for any losses, damage to property or personal injury suffered directly or indirectly from reliance on such information.
