Advertising Self Regulation - Philippine Association of Pharmacists

Advertising Self Regulation:
Why we should make it work.
A Presentation to PAPPI’s 3rd GMM
September 19 , 2014
Because
Consumers should be Protected
.
Advertising must :
Inspire Public Confidence
Decent
Legal
Honest
and most importantly
Truthful
We must continuously make
Self Regulation work
or
the Government will do
the job for us.
Foundation of Advertising Research
Highlights
Foundation of Advertising Research says :
“ The Philippines’ Ad Standards Council
operates one of the most sophisticated preapproval systems.
It puts emphasis on preventing non- compliant
ads appearing in the media rather a consumer
complaints system.”
“The Philippines Self Regulatory system is
unique but importantly it works and suits
the local business and culture . “
• ADVERTISING is a driver of the economy.
• Advertising Expenditure could increase the rate
of economic growth of a country by 15%
• It is a well known truism that companies that
spend a significant proportion of their total
income on advertising will grow faster than
those who don’t.
March 2012 Mc Kinsey & Company report
Research by eMarketer and StarcomMediavest Group.
There is an important place for
Government Regulation
but the Industry has a far more
important role
of establishing credible Self Regulation
that complements the Government
regulatory framework .
Self Regulation in the Philippines
The Philippines has over 40 years of
Self Regulation
In 2008
KBP
ASC
PANA
4As
Currently
KBP
PANA
4As
ASC
IMMAP
UPMG
MSAP
A non stock , non profit organization that aims to promote
TRUTH and FAIRNESS in advertising through self regulation of
advertising content
The ASC Role is
CONTENT REGULATION
Towards
Responsible Advertising
for
Consumer Protection
Ads should
not mislead
Should be Honest
Decent
Legal
And more importantly
TRUTHFUL.
The Main Function of the ASC are:
1. Screening of advertisements with or without
advertising claims.
2. Hearing disputes on advertisements which pertain to
content of the advertisement
3. Resolutions of disputes on advertisements arising
from procedures of the ASC.
Overriding Principles that guide the voluntary
adoption of the ASC Rules
1. The paramount consideration is the consumer’s interest .
2. The Advertising Industry can best be protected by
espousing self –regulation.
3. Content Regulation serves to safeguard Truth In Advertising
4. The rules and procedures facilitate production and
placement of advertisements.
In the interest of dynamism , continued relevance and
service to the industry , the ASC rules are updated from time
to time by competent and seasoned practitioners belonging
to the stakeholder associations
In all procedures the ASC is guided by :
1.Laws of the Land
2. ASC Code of Ethics
3. ASC precedents
Scope of Coverage
1. All Broadcast Materials ( TV/Radio ) including edit downs .
Infomercials ,Interstitials , AOB scripts, portion buys, casual
plugs whether live or pre taped. Announcer on board,
OBB/CBBs, teasers, time checks, countdowns.
2. Cinema Ads.
3. Out of Home ( Billboards , LEDs, digital displays, transit ads,
street marketing materials etc.
4. Merchandising Materials, Point of Sale ( POS ) Point of
Purchase including banners , streamers, flyers, wobblers
tent cards etc.
5. Internet and Mobile ads
6. Print Ads
Scope of Coverage
1. All Broadcast Materials ( TV/Radio ) including edit downs .
Infomercials ,Interstitials , AOB scripts, portion buys, casual
plugs whether live or pre taped. Announcer on board,
OBB/CBBs, teasers, time checks, countdowns.
2. Cinema Ads.
3. Out of Home ( Billboards , LEDs, digital displays, transit ads,
street marketing materials etc.
4. Merchandising Materials, Point of Sale ( POS ) Point of
Purchase including banners , streamers, flyers, wobblers
tent cards etc.
5. Internet and Mobile ads
6. Print Ads
ASC Organizational Structure
Board Of
Directors
Executive
Director
Ad Specialists/
Ad Reviewers
Professionl
Screenrs
Technical
Group
Techcom
Finance
Team
Volunteer
Panelists
The ASC Organizational Structure
Board of
Directors
• Headed by a Board Of Directors who are key officers of the
Stakeholder Associations .
Mgt
• Executive Director oversees the efficient and effective
implementation of the role and function of the ASC.
ADMIN
• ASC staff : !5 total . Includes encoders, data/archiving ,
Finance , /admin and 5 Ad Specialists .
Pre
Screening
TECH
COM
PANELISTS
• 12 Professional Screeners who takes care of the
prescreening process.
• 12 Technical Committee members : Procedural case
decisions.
• 100 Industry volunteers who served as PANELISTS either in
Screening or Hearing Cases.
Productivity Highlights
1. The ASC ended 2013 with a total of 25,281 applications .
2. YTD 2014 ( January to June) is already at 12, 752 applications.
1. This is an average of 2125 per month or roughly 110 applications per day.
Release of decisions at the ASC is within the day from 4 till 6 p.m. with four (4)
Professional Screeners on Board daily.
3. Breakdown per medium as follows:
1. Television : 34%
2. Radio
: 28%
3. Print
:
9%
4. OOH
: 20 %
5. Collaterals :
9%
4. To date we have processed a total of 35 competitive complaints , 15 Post Screening
cases which represents .003% of total applications filed.
1. Prescription period of filing complaint is 60 calendar days from first airing of
subject copy, claim .
2. ASC turnaround time is maximum of 3 days to form a panel upon receipt of
complaint , decision is released within 46 hours after the hearing .
Top Categories with Disapproval Decision :
15%
8%
7%
6%
5%
Pharmaceutical Products
Food Supplements
Telecom
Skin Care Products
Banking & Finance
Top 5 Reasons for Disapprovals
60%
Unsubstantiated claims
16%
Absolute/Misleading
7%
Food Supplements with Curative Claims
7%
Insufficient Documents
6%
No DTI/FDA promo permit
2013- 2014 Year of the Big C s :
1.Co - operative
2.Collaborative
3.Co existense
Co-Operative
Inclusion /Membership of other Industry stakeholders in the ASC :
Media Specialists ( AOR s)
Internet Mobile Marketing association ( digital )
United Print Media Group
Industry recognition and Compliance to the sanctions and penalties
imposed on violations. .
Compliance of even non- members to the rules and procedures .
Collaborative
Partnering with other Government Regulatory Bodies
and being recognized for content regulation :
1.
2.
3.
4.
Department of Trade and Industries
Food and Drug Administration
Department of Health ( DOH )
Department of Transportation and Communications:
1. CAB
2. LTFRB
5. Metro Manila Development Administration ( MMDA )
6. National Telecommunications Commission
Co- existence
Creativity and Content Regulation
Co- existence
Government Rules Integration :
Generic Acts Law
Consumer Act of the Philippines
Milk Code
Passenger Bill of Rights
Food Supplement IRR
Health and Safety
Anti Tobacco Act
Magna Carta For Women
National Historic Commission
Department of Labor and Employment ( Minors in Ads )
Trade Associations IRR
Philippine Medical Association
ASEAN Harmonization CODEX
International Chamber of Commerce
Such Big Tasks
comes with the need to have :
1.Competent Regulators
2. Correct Decisions
3. Compliance
Annual
Advertising
Expenditure
Report
TV • Radio • Print
2013
Highlights of the Year: 2013
• Advertisers spent more than Php 342 billion in tri-media advertising
last 2013.
•
77% of the spending went to television, 18% to radio and 4% to
print.
• The category with the biggest spending is Detergent and Laundry
Aids followed by Hair Shampoo.
• The top advertiser in tri-media is Unilever Philippines with almost
Php 50 billion-worth of advertisements.
• Palmolive Shampoo and Conditioner is the top-spending brand last
year, with expenditures close to Php 6 billion.
2013
Top Categories (1-10)
Cost (in millions)
DETERGENTS & LAUNDRY AIDS
26,332
23,792
HAIR SHAMPOO
14,464
CORPORATE ADVERTISING
WIRELESS TELEPHONY
12,935
MILK POWDER
12,606
TOOTHPASTE, MOUTHWASH & TOOTHBRUSH
12,581
HAIR CONDITIONER
GOVERNMENT AGENCIES & PUBLIC UTILITIES
ENTERTAINMENT
FACIAL CARE
10,168
9,878
9,462
8,358
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
2013
Top Categories (11-20)
Cost (in millions)
MISCELLANEOUS FOOD PRODUCTS
8,346
FLAVOR ENHANCERS & FOOD MIXES
7,599
SOAPS
7,238
VITAMINS
7,112
BAKERY PRODUCTS
6,676
COFFEE & TEA
6,623
MEDIA
FROZEN DESSERTS
5,961
5,563
SOUPS & NOODLES
4,609
CLEANSERS
4,508
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
2013
Top Advertisers (1-10)
Cost (in millions)
49,847
UNILEVER PH
34,192
PROCTER & GAMBLE PH
16,126
COLGATE-PALMOLIVE PH
UNITED LABORATORIES
14,683
NESTLE PH
14,619
MONDE NISSIN
4,422
JOLLIBEE FOODS
4,216
MEAD JOHNSON PH
4,009
UNILEVER RFM ICE CREAM
3,958
GLOBE TELECOM
3,690
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
Top Advertisers (11-20)
2013
Cost (in millions)
SMART COMMUNICATIONS
3,619
UNIVERSAL ROBINA
3,576
ACS MANUFACTURING
3,523
GOLDEN ARCHES DEVELOPMENT
3,309
KRAFT FOODS PH
3,147
TANDUAY DISTILLERS
2,938
WYETH PH
2,855
THE COCA-COLA EXPORT COMPANY
2,669
ASIA BREWERY
2,539
SAN MIGUEL BREWERY
2,339
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
2013
Top Brands (1-10)
Cost (in millions)
5,873
PALMOLIVE SHAMPOO WITH CONDITIONER
4,855
COLGATE TOOTHPASTE
4,783
SURF DETERGENT POWDER
4,552
CREAMSILK HAIR CONDITIONERS
4,427
ARIEL DETERGENT POWDER
4,283
SUNSILK HAIR SHAMPOO
SELECTA ICE CREAM
DOWNY FABRIC CONDITIONER
4,046
3,648
TIDE DETERGENT POWDER
3,362
JOY DISHWASHING CLEANER
3,350
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
2013
Top Brands (11-20)
Cost (in millions)
3,335
BREEZE POWDER DETERGENTS
3,139
PANTENE HAIR CONDITIONER
HEAD & SHOULDERS HAIR SHAMPOO
2,817
LUCKY ME! INSTANT NOODLES
2,648
NESCAFE COFFEE
2,633
CLEAR HAIR SHAMPOO
2,557
CLOSE-UP TOOTHPASTE
2,489
LACTUM GROWING-UP MILK
2,483
GLOBE WIRELESS TELEPHONY SERVICES
2,475
SMART WIRELESS TELEPHONY SERVICES
2,194
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.
Semestral
Advertising
Expenditure
Report
TV • Radio • Print
Semester 1 • 2014
Semester Highlights: 2014
• TV Spending increased by 7% vs S1 2013, Radio stayed the same,
while Print spending decreased by 8%. Total Tri-Media spending
increased by 5%.
• Hair Shampoo category had the biggest decrease in TV adspend
while Corporate advertising had the biggest increase.
• Despite the big decrease in spending for the hair shampoo
category, Palmolive Shampoo with Conditioner is still the top brand
for TV.
• Vitamins and Herbal supplements had the most decrease in
spending for Radio categories (-32% and -26%) while Candies and
other confectionaries had the biggest increase (+471%)
S1
2014
Top Categories (TV)
Rank
Category
S1 2013*
S1 2014*
% Diff
1
DETERGENTS & LAUNDRY AIDS
11,205
12,322
10%
2
HAIR SHAMPOO
11,961
7,802
-35%
3
WIRELESS TELEPHONY
4,283
7,486
75%
4
MILK POWDER
7,141
7,307
2%
5
CORPORATE ADVERTISING
TOOTHPASTE, MOUTHWASH &
TOOTHBRUSH
3,250
7,216
122%
5,673
6,301
11%
7
FACIAL CARE
3,802
4,980
31%
8
FLAVOR ENHANCERS & FOOD MIXES
3,573
4,292
20%
9
BAKERY PRODUCTS
3,216
4,129
28%
10
MISCELLANEOUS FOOD PRODUCTS
4,149
4,017
-3%
BALANCE CATEGORIES
73,261
74,091
1%
6
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Categories (Radio)
Rank
Category
S1 2013*
S1 2014*
% Diff
1
WIRELESS TELEPHONY
1,546
1,728
12%
2
HERBAL SUPPLEMENTS
2,009
1,489
-26%
3
CORPORATE ADVERTISING
1,540
1,451
-6%
4
DETERGENTS & LAUNDRY AIDS
1,201
1,239
3%
5
SOAPS
570
1,215
113%
6
BEERS
606
1,129
86%
7
CANDIES & OTHER CONFECTIONERIES
191
1,088
471%
8
AUTOMOTIVE SUPPLIES &
ACCESSORIES
1,021
1,053
3%
9
BRANDY
583
889
52%
10
VITAMINS
1,271
865
-32%
BALANCE CATEGORIES
19,968
18,115
-9%
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Categories (Print)
Rank
Category
S1 2013*
S1 2014*
% Diff
1
AUTO VEHICLES & CAR DEALERS
444
952
114%
2
REAL ESTATE
435
828
90%
3
ENTERTAINMENT
410
792
93%
4
COMMERCIAL CENTERS & BAZAARS
380
727
91%
5
WIRELESS TELEPHONY
376
599
60%
6
CORPORATE ADVERTISING
311
559
80%
7
BANKS
279
482
73%
8
MEDIA
210
439
109%
9
GOVERNMENT AGENCIES & PUBLIC
UTILITIES
185
427
131%
10
TRAVEL
219
375
71%
BALANCE CATEGORIES
2628
5,078
93%
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Advertisers (TV)
Rank
Advertiser
S1 2013*
S1 2014*
% Diff
1
UNILEVER PHILIPPINES, INC.
22,402
25,898
16%
2
PROCTER & GAMBLE PHILIPPINES, INC.
7,331
15,441
111%
3
COLGATE-PALMOLIVE PHILIPPINES, INC.
8,154
7,662
-6%
4
NESTLE PHILIPPINES, INC.
4,356
7,202
65%
5
UNITED LABORATORIES, INC.
4,518
3,963
-12%
6
MONDE NISSIN CORPORATION
2,315
2,804
21%
7
UNILEVER RFM ICE CREAM, INC.
683
2,670
291%
8
MEAD JOHNSON PHILIPPINES, INC.
2,275
2,605
15%
9
JOLLIBEE FOODS CORPORATION
1,507
2,391
59%
10
UNIVERSAL ROBINA CORPORATION
1,559
2,163
39%
BALANCE ADVERTISERS
76,418
67,143
-12%
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Advertisers (Radio)
Rank
Advertiser
S1 2013*
S1 2014*
% Diff
1
ACS MANUFACTURING CORP.
1,182
2,451
107%
2
UNITED LABORATORIES, INC.
2,694
1,781
-34%
3
COLUMBIA INTERNATIONAL FOOD
PRODUCTS, INC.
153
1,190
675%
4
SAN MIGUEL BREWERY, INC.
281
1,104
292%
5
PROCTER & GAMBLE PHILIPPINES, INC.
280
833
198%
6
NESTLE PHILIPPINES, INC.
368
788
114%
7
UNILEVER PHILIPPINES, INC.
729
744
2%
8
TANDUAY DISTILLERS, INC.
691
686
-1%
9
PETRON CORPORATION
633
630
0%
10
GENERICS PHARMACY
291
521
79%
23,206
19,533
-16%
BALANCE ADVERTISERS
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Advertisers (Print)
Rank
Advertiser
S1 2013*
S1 2014*
% Diff
1
SHOEMART, INC.
356
259
-27%
2
PHILIPPINE LONG DISTANCE
TELEPHONE COMPANY
97
146
51%
3
MEGAWORLD CORPORATION
165
145
-12%
4
AYALA LAND, INC.
104
112
7%
5
ROBINSONS LAND CORPORATION
98
94
-4%
6
FORD MOTORS PHILIPPINES, INC.
0.7
90
12,270%
71
83
16%
66
80
21%
148
65
-56%
-
61
-
4,771
4,246
-11%
7
8
MITSUBISHI MOTORS PHILIPPINES
CORPORATION
TOYOTA MOTORS PHILIPPINES
CORPORATION
9
SMART COMMUNICATIONS, INC.
10
CEBU AIR, INC.
BALANCE ADVERTISERS
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Brands (TV)
Rank
Brand
S1 2013*
S1 2014*
% Diff
1
PALMOLIVE SHAMPOO WITH
CONDITIONER
1,510
2,949
95%
2
SELECTA ICE CREAM
2,007
2,670
33%
3
ARIEL DETERGENT POWDER
1,938
2,492
29%
4
COLGATE TOOTHPASTE
2,555
2,435
-5%
5
DOWNY FABRIC CONDITIONER
1,527
2,161
42%
6
SURF DETERGENT POWDER
2,234
2,152
-4%
7
TIDE DETERGENT POWDER
1,316
2,134
62%
8
JOY DISHWASHING CLEANER
1,366
2,002
47%
9
PLDT BROADBAND
344
1,868
442%
10
CREAMSILK HAIR CONDITIONERS
2,064
1,862
-10%
114,652
117,216
2%
BALANCE BRANDS
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Brands (Radio)
Rank
Brand
S1 2013*
S1 2014*
% Diff
1
SAN MIGUEL BEER
271
814
200%
2
SHIELD SOAP
201
747
272%
3
PRIDE DETERGENT POWDER
166
545
228%
4
PETRON GAS/STATION
556
535
-4%
5
COMPANERO BRANDY
-
441
-
6
COLUMBIA CHEWING GUM
41
411
904%
7
GINEBRA SAN MIGUEL
494
410
-17%
8
EMPERADOR BRANDY
357
400
12%
9
STAR WAX
195
362
86%
10
COLUMBIA HARD CANDIES
55
344
529%
28,171
25,252
-10%
BALANCE BRANDS
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
S1
2014
Top Brands (Print)
Rank
Brand
S1 2013*
S1 2014*
% Diff
1
INSTITUTIONAL AD
41
132
222%
2
SM DEPARTMENT STORE
107
99
-8%
3
SM CINEMA
96
90
-6%
4
FORD CARS & AUV'S
27
90
235%
5
CEBU PACIFIC AIRLINES
75
74
-2%
6
PLDT BROADBAND
29
73
150%
7
MITSUBISHI CARS & AUV'S
11
67
509%
8
SHOEMART SHOPPING MALLS
103
63
-39%
9
AYALA MALLS CINEMA
65
62
-6%
10
TOYOTA CARS & AUV'S
61
60
-1%
5,262
4,572
-13%
BALANCE BRANDS
*Costs are based on published rate cards and are expressed in millions.
For TV and Radio, OBBs, CBBs, and freeforms are excluded.
The Power of Advertising
Power to Convince and Convert .
Transforms the mundane into an emotion.
It raises expectations.
Power to Entertain .
Provokes an emotion.
Advertising have that power to
change lives and influence behavior.
With Great Power Comes Great Responsibility
Local and Global Alliance References
Philippine Laws affecting advertisements
•
•
•
•
•
•
•
•
•
•
•
R.A. 6675 “The Generics Act of 1988”
R.A. 9711 “Magna Carta for Women”
R.A. 9211 “Tobacco Regulation Act of 2003”
R.A. 8491 “The Flag and Heraldic Code of the Philippines”
R.A. 9711 “FDA Strengthening Law”
AO 65 s. 1989 “Guidelines on Advertisement and Promotions to Implement The
Generics Act of 1988”
AO 51 “The Milk Code”
AO 2006-0012 “Revised Implementing Rules & Regulations of EO 51”
A.O. 2005-0025 “Implementation of the ASEAN Harmonized Cosmetic
Regulatory Scheme and ASEAN Common Technical Documents”
MMDA Memorandum Circular No. 10 s. 2011 – Implementing Guidelines of
MMDA Regulations No. 04-004 S. 2004
NTC Memorandum Order No. 07-07-2011 – Minimum Speed of Broadband
Connections
Mandatory Requirements
Government Clearance
Product and/or activity
FDA Certificate of Product
Registration (CPR)
Certificate of Product
Notification (CPN)
Food , Drugs, Medical Devices
DOH-FDA Sales Promo Permit
OR Approved Mechanics
Sales and promo materials of
food and drugs
Cosmetic products
Department of Health
For products under milk code
Interagency Commission (DOHIAC) Approval
DTI Sales Promo Permit OR Sales and promo materials of
Approved Mechanics
other product categories
Government Clearance
Product and activity
Housing and Land Use
Regulatory Board (HLURB) License to Sell
Real estate ads
National Historical and
Cultural Commission (NHCC)
Approval
Central Bank Clearance
When showing the flag or
other national symbols
DOLE permit
When showing Philippine
currency
or facsimile in ads
When using Filipino talents of
minor age
Government Clearance
National Telecommunication
Commission (NTC) Permit
Product and activity
Sales promo ads of
mobile/networks services
Civil Aeronautics Board (CAB) Approved promo airfare rates
Approval
of airlines
Bureau of Animal Industry
(BAI) CPR
Veterinary products
Music License or Agreement
to use intellectual property
If using music, copyrighted
materials, trademarks
Products or Services
Mandatory Statement/Tag
Over the Counter Drugs
•If symptoms persists , consult
your doctor .
•Prominent exposure /mention
of Generic name.
Food or Herbal supplement
No Approved Therapeutic Claim.
Alcohol Beverages
Under Milk Code Products
Drink Responsibly.
Breast Milk is Best for Babies up
to Two years old.
The Use of Milk Supplements
must only be upon the advice of
a health professional.
Products or Services
Promo Materials
Price Advertising
Airline Promos
Real Estate Materials
Broadband Network offering
Mandatory Statement/Tag
•Per DTI promo period and
permit number.
•Per DOH- FDA promo period
and permit number.
Qualified with Suggested
Retail Price ( SRP)
CAB Permit Number
HULRB License to Sell.
Minimum guaranteed
Connection Speed and Service
Reliability (%)
Required Documents for Claims
Type of Claim
Example of Acceptable Support
Own product performance
without comparative claim
Company-owned document duly signed by the
relevant technical person or a high ranking
company official. Documents signed by persons
directly involved in the development of advertising
of the brand, product or service are not acceptable
e.g., Brand Managers, Advertising Managers.
Testimonial claim that does
not relate to product
performance
Documents, affidavits, certifications of actual
product or service use or preference by the person
making the endorsement or testimonial.
Testimonial claims which
relate to own product
performance
Published researches, clinical studies and other
data supporting the product’s claimed benefits.
All other claims
(Comparative, Superiority )
Support documents from an acceptable and
reliable independent third party or any other
source deemed acceptable by the Professional
Screener or Screening Panel.
ASC CODE OF ETHICS HIGHLIGHTS
General Standards of Presentation
1. Respect for Country & the Law
2. Philippine Standards & Symbols
General Standards of Presentation
3. Respect for Religion, Filipino Culture &
Traditions
Specific Standards of Presentation
1. Standards for Consumer Protection & Safety
2. Standards for Protection of Children
General Standards of Presentation
4. Sex, Profanity, Obscenity & Vulgarity
5. Crime, Violence & Morbidity
Specific Standards of Presentation
3. Standards on Comparison Advertising &
Disparagement
4. Standards on Product Claims
Specific Standards of Presentation
5. Standards on Non-Prescription Drugs
6. Standards on Special Products & Services
Specific Standards of Presentation
7. Standards on Price Advertising
8. Standards on Contests & Promotions
Materials
1.
Not
Covered by the Rules
Political Ads
2. Ad materials from religious organizations
3. Emergency public service announcements and public
service advertising materials of utility companies.
Materials
Not Covered by the Rules
4.
National and line agencies’ and local government’s advertising
materials
5.
Movie trailers, station and network merchandising plugs
6.
Non-profit organizations or associations, NGOs, and foundations
Print and Digital Ads are Post screened
EXCEPT if
• With number 1 claim (leadership)
• With superiority or exclusivity
claim
• With direct comparison
• With sexy tones, exposure of
human body and similar
execution
• With tones of violence
• Products, brands & services
covered by the Milk Code
• Food, Health, Dietary Supplement
products
• Airlines and other Carriers with
promotional fares
Not Allowed
1.
2.
3.
4.
Content with Sex and Violence.
Endorsement of Medical Doctors.
Use of the word “SAFE”.
Disrespect to religion, country and
values.
5. Direct or Implied disregard of
breastfeeding.
6. Direct or Implied therapeutic
claims for Food/Herbal/Health
Supplements.
FDA & ASC Guidelines on Pharmaceuticals
and Food Supplement Advertisements
• The ASC will issue a Recall of Clearance to air
on any of the following:
– Government Agency Ruling
– Violation of the Law of the Land
– Reasons of technicality upon the determination of
the TECHCOM
– Widespread concern on public safety and
sensitivity.
FDA – ASC MOU
•
ASC Agrees:
–
–
–
–
To communicate and relay, the names and contact information of
the persons responsible for liaising with the DOH-FDA.
To promptly refer to the DOH-FDA for the technical input on
submitted materials for advertisement of pharma / food/dietary
supplement;
To verify from the DOH-FDA the veracity of submitted label claims,
product registration and other supporting documents for the
advertisement;
To promptly refer to DOH-FDA any advertisement found to be not in
accordance with the approved materials or those not authorized at
all.
R.A. 7394 The Consumer Act of the Philippines
Chapter VI – Advertising and Sales Promotion
FALSE, DECEPTIVE AND MISLEADING ADVERTISEMENT
ARTICLE 110. False, Deceptive And Misleading Advertisement
- it shall be unlawful for any false, deceptive or misleading
advertisement by Philippine mail or in commerce by print,
radio, television, outdoor advertisement or other medium
for the purpose of inducing of which is likely to induce
directly or indirectly the purchase of consumer products or
services.
R.A. 7394 The Consumer Act of the Philippines
Chapter VI – Advertising and Sales Promotion
Advertisement shall be false, deceptive or misleading if it is
not in conformity with the provisions of this Act or if it is
misleading in a material respect.
In determining whether any advertisement is false, deceptive
or misleading, there shall be taken into account, among other
things, not only representation made or any combination
thereof, but also the extent to which the advertisement fails to
reveal material facts in the lights of such representations, or
materials with the respect to consequences which may result
from the use or application of consumer products or services
to which the advertisement relates under the conditions
prescribed in said advertisement, or under such conditions as
are customary as usual.
R.A. 7394 The Consumer Act of the Philippines
Chapter VI – Advertising and Sales Promotion
ARTICLE 112. Special Advertising Requirements for Food,
Drug, Cosmetic, Device or Hazardous Substance –
a) No claim in the advertisement may be made which is
not contained in the label or approved by the
concerned department.
FDA definition of Food Supplements
• Food/Dietary Supplements shall mean a processed food product
intended to supplement the diet that bears or contains one or
more of the following dietary ingredient: vitamin, mineral, herb,
or other botanical, amino acid, and dietary substance to increase
the total daily intake in amounts conforming to the latest
Philippine recommended energy and nutrient intakes or
internationally agreed minimum daily requirements.
• It usually is in the form of capsules, tablets, liquids, gels, powders or pills
and not represented for use as a conventional food or as the sole item
of a meal or diet or replacement of drugs and medicines.
FDA directives (A.O. 2010-008)
•
No person shall advertise, promote, or use in any
sponsorship any food/dietary supplements unless
such product is duly registered and approved by
the FDA.
FDA directives (A.O. 2010-008)
No claim shall be made in the advertisement, promotion
and other marketing materials in the various media for
use of any food/dietary supplements which is not
contained in the label or approved by the FDA.
FDA directives (A.O. 2010-008)
No person shall advertise, promote and use in any
sponsorship any food/dietary supplement in any
manner that is false, misleading or deceptive or is
likely to create an erroneous impression regarding its
character, value, quantity, composition, merit, or
safety.
FDA directives (A.O. 2010-008)
•
No person shall make use of any reference to any
laboratory report of analysis in the advertisement,
promotion and use in other marketing materials in
the various media of any food/dietary supplement,
unless such laboratory report is duly approved by the
FDA for use for such advertisement, promotion and
other marketing materials in the various media.
FDA directives (A.O. 2010-008)
No advertisement, endorsement or promotion of any
food/dietary supplements shall be made by any medical
practitioner or health worker, nor shall any owner,
manufacturer, importer distributor, advertiser and/or
their agents, of Food/Dietary supplements sponsor any
activity, seminar, conference, or study of any medical
practitioner or health worker.
ASC Guidelines on Food Supplements
Advertisements of Food Supplements should not state
or imply that the product alone can ensure or promote
good health. Neither should advertisements state or
imply that good health is likely to be endangered solely
because people do not supplement their diet with food
supplements.
ASC Guidelines on Food Supplements
• The statement “No Approved Therapeutic Claims” should
always be included in all advertising materials of Food
Supplements.
• Advertisements should not be presented in such a
manner that negates the message of “No Approved
Therapeutic Claims”.
ASC Guidelines on Pharma/Food
Supplements
Only claims that are contained in the approved FDA
packaging/label are allowed to be used in Pharma
/Food/Dietary Supplement advertisements.
Advertisers/Ad Agencies must submit proof that the
packaging/label is approved by the FDA.
The ASC shall continue to cooperate and assist in the
implementation of CDOs issued by government
agencies on a voluntary basis.
– BFAD/FDA, DOH, DOA, DTI, MMDA, etc
FDA CDO’d claims
Arthrid Herbal Supplements
Violation: R.A. 7394, Articles 40 (a & b), 85 , 110 and 112 (a, b & c)
and B.C. 2007-002
“Sakit at pamamaga dulot ng arthritis.”
“May ginhawa sa Arthrid in 2 weeks.”
“nakatutulong laban sa lahat ng uri ng arthritis”
Rhemmatoid arthritis, Ostearthritis , Juvenile rheunadoid
arthritis, Spondylitis, Lower back pain
“Pinapawi ang sakit”
“Binabawasan ang pamamaga”
“Pinasisigla ang mga damaged vessels”
“Pinabubuti ang paggalaw”
FDA CDO’d claims
PLASMIN HERBAL
SUPPLEMENT
Violation: R.A. 7394, Articles 40 (a & b), 85 , 110 and 112 (a, b & c) and B.C.
2007-002
“The natural blood clot dissolver”
“Para iwas Blood Clot”
“Iwas Stroke”
“Iwas Heart Attack”
FDA CDO’d claims
PROSTAMEN HERBAL DIETARY
SUPPLEMENT
Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c) and
B.C. 2007-002
“7 out of 10 men over age 45 have Prostate Enlargement”
“Prostamen a natural formula that supports prostate health. It
contains Saw Palmetto which helps relieve common symptoms
of prostate enlargement: L-Arginine which helps in stimulating
and maintaining erection; and Zinc which is needed for male
fertility.”
“Dalawang kapsula lang araw-araw ay makakatulong na sa problema
sa prostate enlargement”
FDA CDO’d claims
Hercs Herbal Food Supplement
Pellet
Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c) and
B.C. 2007-002
“Win the Battle Against Erectile Dysfunction”
“Restore vitality and increase sexual virility”
“Libido Enhancer, Energy Booster”
“Proven to enhance sexual drive and potency”
“stimulates the brain naturally release testosterone, which is
known to produce pheromone – a natural substance that
sends sex signals, which cause a positive change in a woman’s
mood and behavior towards you because of your heightened
sex appeal.”
“helps make sexual arousal more intense so you perform
stronger and longer.”
FDA CDO’d claims
MX3 Food Supplement
Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c), Section 2 (b) and (c)
of Article V of Book II of the IRR of RA 9711 and B.C. 2007-002
– Immune function
– Tumutulong sa ibang vitamins at
“44 na Karamdaman, 1 ang Lunas”
antioxidants
– Allergies (maaring umipekto bilang
“xxx ang prutas ng punong Garcinia
anti-histamine)
mangostana ay malaki ang
maitutulong sa mga sumusunod:
– Buong Katawan
– Pangkalahatang kalusugan at
buti ng pakiramdam
– Pagkahapo (fatigue; maaaring
magpabusod ng lakas nang
walang stimulants)
– Di angkop na pagtanda (dahil sa
free radical exposure)
•
Heart ay Blood Vessels
– Pagpigil sa atherosclerosis
(maaaring magpalusog ng mga
blood vessels sa pamamagitan
ng pagpapababa ng free radical
damage at inflammatory buildup)
– Proteksyon sa heart muscle
– Pagpapababa ng cholesterol at
triglyceride levels
– Alta presyon (maaring
magpababa ng high blood
pressure)
FDA CDO’d claims
MX3 Food Supplement
Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c), Section 2 (b) and (c)
of Article V of Book II of the IRR of RA 9711 and B.C. 2007-002
“Brain at Nerve health”
– Parkinson’s disease, Alzheimer’s
disease, Inflammatory response sa
mga nasirang neurons, Nerve
damage”
“Gastrointestinal Health”
– Diarrhea, Gastroesphageal reflux
disease, Ulcers, Crohn’s disease,
Colitis, Irritable bowel syndrome
“Infections”
– Viruses, Bacteria, Fungi, Parasites,
Lagnat (dala ng pamamaga at
impeksyon)
“Diabetes”
– Elevated blood sugar levels
– Free radical damage
“Cancer”
–
DNA damage
“Vision”
–
Glaucoma/Cataracts
“Kidney and Urinary Tract Health”
–
–
Sakit sa bato
Impeksyon sa pantog
“Emotional Health”
–
–
Depresyon
Pagkabalisa
“Dental Health”
–
Sakit sa gilagid
“Women’s Health”
–
–
PMS/PMDD
Menstrual Pain
“Pulmonary Health”
–
–
Asthma
Influenza
Q&A
Visit us at our
website :
www.asc.com.ph
THANK YOU .