22. Defences

Terms defined in s 2

• advertisement

  advertisement

  Defined · s 2

  “advertisement”, in relation to a health product, means the publication, dissemination or conveyance of any information for the purpose of promoting, whether directly or indirectly, the sale or use of that health product by any means or in any form, including the following:(a)publication in a newspaper, magazine, journal or other periodical;(b)display of posters or notices;(c)circulars, handbills, brochures, pamphlets, books or other documents;(d)letters addressed to individuals or bodies corporate or unincorporate;(e)photographs or cinematograph films;(f)sound broadcasting, television, the Internet or other media;(g)public demonstration of the use of the health product;(h)offer of trials of the health product to members of the public;

  Open s 2
• health product

  health product

  Defined · s 2

  “health product” means any substance, preparation or device —(a)that —(i)is represented for use by humans;(ii)whether because of its presentation or otherwise, is likely to be taken for use by humans; or(iii)is included in a class of substances, preparations or devices which are or are ordinarily intended for use by humans,solely or principally for a health-related purpose; and(b)that falls within any of the categories of health products specified in the First Schedule;

  Open s 2
• supply

  supply

  Defined · s 2

  “supply”, in relation to a health product, means to transfer possession of the health product by any means whether or not for reward, and includes the following:(a)to sell the health product, whether by retail, wholesale or auction;(b)to expose or display the health product as an invitation to treat;(c)to transfer possession of the health product by exchange, gift, lease, loan, hire or hire-purchase;(d)to supply the health product in connection with —(i)a contract for the provision of any goods or the performance of any service; or(ii)any advertising, sponsorship or promotional activity;(e)to supply the health product by way of administration to or application in any person in the course of any diagnosis, treatment or test;(f)to offer, agree or attempt to supply the health product in any of the ways described in paragraphs (a) to (e) or to cause or permit the health product to be so supplied;(g)to keep or possess the health product for the purpose of supplying it in any of the ways described in paragraphs (a) to (f);

  Open s 2