Advertising of animal remedies

The ACVM Group has been contacted on a number of occasions by licensees complaining that advertisements for a competitor’s products contain claims that have not been sub-stantiated by the data provided for registration.

It would be useful at this time to remind everyone of the law with respect to advertising issues. Under the Animal Remedies Act:

SECTION 41. ADVERTISEMENTS

1. Subject to subsection (2) of this section, no reference shall be made in any advertisement in respect of an animal remedy to the licensing of the remedy, except a statement that it has been licensed in accordance with the Board’s directions under this Act.
2. Every advertisement in respect of a prescription animal remedy shall include the letters and words required by section 36 (1) (j) of this Act to be included in labels on containers of the remedy, the number of the relevant licence, and such other statements (if any) as the Board may direct.
3. No advertisement shall be published in respect of an animal remedy that is not licensed under this Act, or that is provisionally licensed under section 24 of this Act.
4. Where the Board is satisfied that an advertisement published by the licensee in respect of any animal remedy contains any inaccurate or misleading statement, or otherwise contravenes any of the requirements of this Act or of any regulations made under this Act relating to advertisements, it may direct the licensee to omit or modify the statement, or otherwise amend the statement, in such manner as the Board may determine.
5. Where the Board is satisfied that any person has published an advertisement
   1. In respect of an animal remedy that is not licensed under this Act, or that is provisionally licensed under section 24 of this Act; or
   2. That contains any inaccurate or misleading statement, it may require that person to submit to the Board every advertisement published or to be published by that person in respect of any animal remedy or all animal remedies for which that person holds a licence during such period as the Board may determine or until further notice from the Board.
6. Every person commits an offence and is liable on summary conviction to a fine not exceeding $200 who
   1. Publishes any advertisement that contravenes subsection (1) of this section or does not comply with subsection (2) of this section; or
   2. Publishes any advertisement in contravention of subsection (3) of this section; or
   3. Fails or refuses, without reasonable excuse, to submit to the Board any advertisement required to be so submitted under subsection (5) of this section; or
   4. Having submitted an advertisement to the Board when required to do so under subsection (5) of this section, publishes the adver-tisement without the Board’s approval or otherwise than in accordance with the terms of that approval.

When products are reassessed following a complaint about advertised claims that are found to be unsubstantiated and these products continue to be on sale, the Board could immediately suspend or revoke the licences for the products under section 28(b) and 28(n) of the Act. In most cases, licensees do immediately withdraw inappropriate advertisements or replace them with modified texts agreed with the ACVM Group.

The simple guiding rule is that advertising should refer only to claims that have been substantiated in the registration data and approved by the Board.