Medicines and Related Substances Control Act, 1965 (Act No. 101 of 1965)20. Publication or distribution of false advertisements concerning medicines, medical devices or IVDs |
[Section 20 heading substituted by section 24 of Act No. 14 of 2015]
| (1) | No person shall— |
| (a) | publish or distribute or in any other manner whatsoever bring to the notice of the public or cause or permit to be published or distributed or to be so brought to the notice of the public any false or misleading advertisement concerning any medicine, medical device or IVD; or |
| (b) | in any advertisement make any claim to the effect that the therapeutic efficacy and effect of any medicine, medical device or IVD is other than that stated by the Authority in terms of section 22(1)(a)(ii) or state or suggest that any medicine, medical device or IVD should be used for a purpose or under circumstances or manner other than that stated by the Authority in terms of section 22(1)(a)(ii). |
[Section 20(1)(b) substituted by section 13 of Notice No. 19, GG 39585, dated 8 January 2016]
| (2) | It shall be a sufficient defence in any prosecution for an offence under paragraph (a) of subsection (1) if it is proved to the satisfaction of the court that the accused, not being a person selling the medicine, medical device or IVD to which the false or misleading advertisement which is the subject of the prosecution relates, did not know, and could not reasonably be expected to have known, that the advertisement was in any respect false or misleading. |
[Section 20 substituted by section 19 of Notice No. 434, GG 32148, dated 21 April 2009]