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In brief

On 9 June 2022, the Health Sciences Authority (HSA) issued an advisory against the purchase and use of a topical cream for diaper rash following reports of adverse effects in an infant. The product has since been found to contain a potent steroid and a synthetic medicinal ingredient.


Key takeaways

  • Dealers must comply with the HSA’s safety and quality standards when importing, manufacturing, or selling health products. Anyone found to have supplied products that are adulterated with potent medicinal ingredients may be imprisoned for up to two years and/or fined up to SGD 10,000 upon conviction.
  • The HSA also has strict frameworks in place to regulate the content of health product advertisements. In particular, advertisements must truthfully state the health product’s nature, quality and properties. Such advertisements cannot mislead the reader in any way or give rise to unrealistic expectations regarding the product’s safety, quality or efficacy.

Background

On 9 June 2022, the Health Sciences Authority (HSA) issued an advisory against the purchase and use of a topical cream for diaper rash following reports of adverse effects in an infant. The product was since found to contain a potent steroid and a synthetic medicinal ingredient.

Marketed on various social media platforms, product entries of the cream were accompanied by multiple customer reviews on its efficacy in relieving a variety of skin conditions. The cream also contained multiple ingredient claims viz. that it contained “all natural herb extracts” and “no steroids”. It was also advertised as being “suitable for all skin types”.

The HSA has since worked with the platform administrators to remove the affected products. Sellers have likewise been directed to immediately stop the sale of the affected products.

Key considerations

When determining whether health product advertisements are compliant with existing regulations, dealers should ask themselves the following:

  • Does the content of your advertisement contain unclear language that might make it difficult for consumers to understand or provide them with a false impression of the health product? Is that same content capable of causing fear and alarm?
  • Does your advertisement feature recommendations by a healthcare professional or someone with status capable of influencing the consumption of the product?
  • Can the claims you have made on the health product’s effects be backed up by facts or objective evidence? Have these facts/evidence been taken from credible sources?
  • Does your marketing campaign feature (1) bulk offers as part of sales promotion; (2) the distribution of products as samples; or (3) prize-giving? 

Sellers should also ensure that all ingredients found in products are safe and in line with applicable healthcare regulations.

Author

Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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