Health Products Act 2007 · 2020 Revised Edition · Part 5 · Advertisement of Health Products
23. Corrective measures in relation to contravening advertisements
Feedback & supportWhere any person has advertised any health product or caused any health product to be advertised in contravention of section 19, 20 or 21, the Authority may order that person to do all or any of the following:
health product
“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;
to stop the advertisement with immediate effect;
to take such measures as may be reasonable and necessary in the circumstances to remove the advertisements that have already been published;
to publish a corrective advertisement in such manner and containing such information as may be specified by the Authority.
The person to whom an order under subsection (1) is directed must bear the costs and expenses arising from the taking of any measure that is required of the person under the order.
If a person to whom an order under subsection (1) is directed fails to comply with the order —
the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and
the Authority may take such steps as it thinks reasonable and necessary to implement the requirements of the order and recover any costs and expenses reasonably incurred by it in so doing from that person.
This section shall not affect the liability of any person for an offence under this Part.