Undesirable Medical Advertisements Ordinance (UMAO) Cap. 231: Protecting the Public from Misleading Claims

Undesirable Medical Advertisements Ordinance (UMAO) - Cap. 231

The Undesirable Medical Advertisements Ordinance (UMAO), set out in Chapter 231 of the Laws of Hong Kong, serves a crucial public health function by controlling the advertising of medicines, surgical appliances, and treatments. Its primary goal is to protect the public from being misled by false or exaggerated claims, particularly concerning serious illnesses.

Scope of Prohibition

The UMAO makes it an offence to advertise any medicine, appliance, or treatment in a manner that:

Claims Prevention or Treatment: Suggests that the product or service can prevent, alleviate, or cure diseases specified in the Schedule to the Ordinance.

Scheduled Diseases: The list of scheduled diseases is extensive and includes serious conditions such as tuberculosis, cancer, diabetes, hypertension, epilepsy, blindness, impotence, and kidney disease. The intention is to prevent vulnerable people from relying on unproven remedies for conditions requiring professional medical intervention.

Promotes Undesirable Use: The advertising is likely to lead to the use of the product for any of the scheduled diseases.

Enforcement and Exemptions

Enforcement: The Drug Office of the Department of Health is responsible for monitoring and enforcing the UMAO. They regularly inspect promotional materials across various media (digital, print, broadcast).

Exemptions: The Ordinance recognizes that certain communications are necessary for professional medical practice. Exemptions are primarily granted for:

Advertisements that are directed exclusively to registered medical practitioners, dentists, or pharmacists.

Advertisements that appear in trade publications intended primarily for professional authorized dealers of drugs.

Advertisements published by the Government or statutory bodies for public health purposes.

In essence, the UMAO ensures that while commercial trade is allowed, health claims made to the general public about serious diseases must be strictly factual and comply with established regulatory standards.