Violations of Laws on Advertisement of Health Products by Pharmacies in Chonburi with a History of Such Offenses

Main Article Content

Pongnuwat Sombutpoothon
Yada Reamrimmadun
Woraphot Thamniab
Kanokporn Thanmaneesin

Abstract

Objective: To investigate the violation of laws on advertising of health products by pharmacies in Chonburi Province that had a history of such offences. Methods: This survey study was conducted in 156 modern pharmacies (type 1) in Chonburi that had a history of legal misconduct in advertising health products in pharmacies. The study collected data from the inspection results of Good Pharmacy Practice during the fiscal year 2018-2021. The judging on legal violation of advertising statements on health products was done by three experts in health product law. Results: Among 156 pharmacies with a history of legal misconduct relating to advertising, 129 advertised health products in their stores. 120 of which were judged as legally wrong (93.02% of pharmacies that advertised). Among a total of 284 advertisements, 234 were legally wrong (82.39%). The most violated law was the Food Act, B.E. 2522 with 232 offenses, followed by the Herbal Products Act, B.E. 2562 with 119 offenses, the Drug Act, B.E. 2510 with 89 offenses and the Medical Device Act B.E. 2551 with 24 offenses. The most common type of advertising media was printed materials (144 pieces or 50.70%). The most common sources of media were self-production by pharmacy owners and/or practicing pharmacists (174 pieces or 74.36%). Conclusions: Legal violations of advertising of health products was still found in pharmacies that had a history of legal misconduct on advertising, which may affect the safety of consumers Therefore, Food and Drug Administration should provide access to databases on product registration, advertising approval and detailed information on labels of all registered products for officials in upcountry, drug store owners and consumers in order to timely check the legality of health product advertisements.

Article Details

Section
Research Articles

References

Food and Drug Administration Ministry of Public Health. License data for the pharmaceutical industry in 2021 [online]. 2022. [cited May 26, 2022]. Available from: www.fda.moph.go.th/sites/drug/Shar ed%20Documents/Statistic/Licensee-20210531.pdf

Pittayanukul S., Chara-am S. Choosing to use phar- macy services in Thailand. Journal of Business Administration 2017; 6: 135-45.

Suja S. Strategies for single pharmacy entrepreneurs building competitive advantage in Muang District, Chiang Mai Province [master thesis]. Chiang Mai: Mae Jo University; 2015.

Thavornwattanayong W. Opportunities and develop- ments for the pharmacy business after the 2019 novel coronavirus outbreak. Thai Bulletin Pharma- ceutical Sciences 2020; 15: 95-107

Thongyang P., Thanmaneesin K. Pharmacists and consumer protection operations in the management of Covid-19 vaccine. Journal of Health Consumer Protection 2021; 1: 11–14.

Food and Drug Administration Ministry of Public Health. FDA revealed more than litigation of 3,000 cases of illegal advertising of health products and establishments, with fines of 41 million baht, and termination of more than 4,700 food serial numbers [online]. 2021. [cited May 28, 2022]. Available from: oryor.com/%E0%B8%AD%E0%B8%A2/detail/media_news/2018.

Chonburi Public Health Office. Information of pharma- cy registration statistic (January–December). Chon- buri : Chonburi Public Health Office; 2021.

Chonburi Public Health Office. Report on concerns concerning health product marketing from (January– December). Chonburi: Chonburi Public Health Office ; 2021.

Drug Act B.E. 2510. Royal Gazette No 84, Part 121 Special (Oct 20, 1967).

Food Act B.E. 2522. Royal Gazette No119, Part 102A Special (May 8, 1979).

Medical device Act B.E. 2551. Royal Gazette No 125, Part 43A (Mar 5, 2008).

Herbal Products Act B.E. 2562. Royal Gazette No 136, Part 56A (Apr 30, 2019).

Food and Drug Administration Ministry of Public Health. Work manual for district officers’ implemen- tation of consumer protection for health products [online]. 2018. [cited May 26, 2022]. Available from: www.kanpho.go.th/new/downloads/2561%20Final.pdf.

Poophalee T., Kritpolviman V., Tontipiromya C. Legal analysis of dietary supplements advertising regulation. Thai Journal of Pharmacy Practice 2022; 14: 95-111.

Pencharoen D. Regulatory development on mar- keting authorization of herbal products in Thailand. Thai Food and Drug Journal 2019; 26: 10-19.

Mahaprom T, Suparyong O, Chinwong D, Chinwong S. Situation of medical advertisements broadcasted on radios in rural districts of northern Thailand. Thai Journal of Pharmacy Practice 2019; 11: 840-89.

Rujirayunyong T. Situation of Illegal advertising of health products among local radios in Lopburiin the Era of the National Council for Peace and Order (NCPO). Thai Journal of Pharmacy Practice 2015; 7: 187-99.

Vittayarat K. Process of health product advertising among the operators of local radios: a qualitative approach [master thesis]. Songkhla: Prince of Songkla University; 2014.