Deceptive Marketing Of Dietary Supplements In Malaysia: The Legal Framework

Abstract

Globalization has transformed many industries from the traditional/conventional ambiance to a modern and a technology based industry. Among the transformed industry are the food and pharmaceutical industry which led to the dietary supplements industry. Dietary supplements are products that are labeled as dietary supplements and are not represented for use as a conventional food or as a sole item of a meal or diet. Supplements can be marketed for ingestion in various forms such as capsule, powder, soft gel, tablet, liquid, teas, or any other form. Although dietary supplements have aided in the maintenance of the quality of life, yet the market is flooded with dietary supplements that are marketed with deceptive or misleading description. Advertisements in the media, has become a vital source of information about dietary supplements for consumers. Hence, the extent to which the manufacturers of these dietary supplements adhere to the standards and guidelines of good advertising practices remains relatively unexplored in Malaysia. Where the existing regulatory framework provides for the control of marketing for pharmaceutical related product, the law is absent in providing the same for food related products. The inadequacy existing laws such as the Trade Description Act 2011, Consumer Protection Act 1999, The Food Act 1983, related guidelines, circulars and directives that govern the marketing of dietary supplements may pose a threat to the sustainability of the industry. This paper aims to view these laws and the loopholes that might be apparent in them and suggest reforms for the marketing of dietary supplements.