The Marihuana for Medical Purposes Regulations (MMPR) define advertisement, as does the Food and Drugs Act (FDA) and the Narcotic Control Regulations (NCR), to include any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of a drug in the case of the FDA, or a narcotic with respect to the NCR. The FDA and the NCR contain general prohibitions against the advertising of marijuana that Licensed Producers are required to comply with including, but not limited to:
FDA s 3. (1) No person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A. FDA s 9. (1) No person shall label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety. NCR s 70. No person shall (a) publish or cause to be published or furnish any advertisement respecting a narcotic unless the symbol "N" is clearly and conspicuously displayed in the upper left-hand quarter thereof or, if the advertisement consists of more than one page, on the first page thereof; (b) publish or cause to be published or furnish any advertisement to the general public respecting a narcotic; or (c) advertise in a pharmacy a preparation referred to in section 36. Pursuant to subsection 3(1) of the FDA, it is prohibited to advertise any drug to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A to the FDA.
The purpose of any message by a licensed producer, its content, the context and its intended audience are all factors to consider in determining whether a message falls within the definition of advertising. Non-promotional information is not considered advertising.
However, the publishing of promotional materials and advertisements are of serious concern. Health Canada is especially concerned about advertisements of any kind which are false, misleading or deceptive and those which advertise marijuana in relation to particular therapeutic claims. Licensed Producers found not to be in compliance with the FDA or the NCR may be subject to compliance and enforcement action by Health Canada.
Please be aware that Health Canada licenses but does not endorse any particular Licensed Producer. Licensed Producers must refrain from giving the impression that they, their products, or activities are endorsed by Health Canada. It is the responsibility of the Licensed Producer to ensure that any information issued by your company complies with all applicable legislative requirements.
To obtain a copy of the above mentioned Acts and Regulations, please visit the Next link will take you to another Web site Justice Canada's website.
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