Title
Supreme Court
Change in Therapeutic Claim Phrase for Supplements
Law
Doh Administrative Order No. 2010-0008
Decision Date
Mar 18, 2010
A Philippine law, DOH Administrative Order No. 2010-0008, prohibits the use of the phrase "No Approved Therapeutic Claim" in advertisements for food/dietary supplements, instead requiring a standard message stating that the product is not a medicine; non-compliance may result in penalties and cessation of advertising.

Q&A (DOH ADMINISTRATIVE ORDER NO. 2010-0008)

The main purpose is to provide directives specific to the change in the use of the message or phrase 'No Approved Therapeutic Claim' in all advertisement, promotion, and/or sponsorship activities or materials concerning Food/Dietary Supplements to promote and protect consumer health and welfare and their right to proper information.

The mandated phrase to be used is: 'MAHALAGANG PAALALA : ANG (NAME OF PRODUCT) AY HINDI GAMOT AT HINDI DAPAT GAMITING PANGGAMOT SA ANUMANG URI NG SAKIT.' This must be in Filipino, all capital and bold letters, and comply with specific size and font requirements depending on the medium.

The Order covers Food/Dietary Supplements, defined as processed food products intended to supplement the diet and contain dietary ingredients like vitamins, minerals, herbs, amino acids, or other dietary substances conforming to recommended daily intakes. Such products are usually in capsules, tablets, liquids, gels, powders, or pills and are not represented as conventional food or medicine replacement.

It is prohibited to disseminate any false, deceptive, or misleading advertisements or materials about Food/Dietary Supplements, to advertise unregistered products, to make unapproved claims, to use misleading scientific references, and to have endorsements or promotions by medical practitioners or health workers.

The Food and Drug Administration (FDA) of the Department of Health has the primary jurisdiction over matters relating to the advertisement of Food/Dietary Supplements.

The message must be at least 1/3 the size of the largest letter/logo in the advertisement, prominently printed above the advertisement or materials, in all capital and bold letters, and using only Arial or Tahoma fonts.

Yes, audio-visual advertisements must prominently show the standard message throughout the broadcast in the prescribed size and font, and the message must also be clearly and audibly voiced over at the end of the advertisement without being cut-off.

Violations may lead to the product being deemed misbranded and violating Republic Act No. 9711. The FDA may issue cease and desist orders and conduct seizures of offending products. Penalties as prescribed by the laws and regulations will be imposed after notice and hearing.

No, endorsements or promotions of Food/Dietary Supplements by any medical practitioner or health worker are prohibited, and likewise they shall not sponsor any activity, seminar, conference, or study related to these products.

No, starting from the effectivity of this Order, the use of the phrase 'No Approved Therapeutic Claim' is no longer allowed in any form of advertisement, promotion, or sponsorship for Food/Dietary Supplements.


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