The fact that a product has been registered with the Food and Drugs Authority (FDA) does not guarantee that producers of the said item can carry out an advertisement for it.
Rather, a separate certification must be acquired for a registered product before it could be advertsied. This is enshrined in the Public Health Act as indicated by the FDA.
Explaining the rationale for the process, the Director of Legal at the FDA, William Kobla Agbavitor said the Authority needs to ensure compliance by the producers with regards to advertising what is prescribed on the product rather than adding things outside the scope of the drug’s efficacy.
“We have registration as one thing and approval of advertisement as another thing. So you receive two separate documentations from the FDA in this regard,” he said at the maiden edition of the Onua National Dialogue, with focus on Herbal and Traditional Medicine Advertising in Ghana on the theme; Working Together to Promote and not to Inhibit our Heritage, Friday, October 27, 2023, at the Executive Theatre of Media General in Accra.
“In the course of advertisement, the person will come and say ‘it’s able to cure diabetes’, so that’s why it is our job to ensure that whatever he has claimed the product can do, which is specified on the label, that is exactly what you advertise. So we have the process of registration which is one; so you would have registered the product, we’ll give you the registration number that this product is registered by FDA but that doesn’t give you the power to go out there to advertise that product.
Because registration is provided for under Section 118 of the Public Health Act,” he indicated.
He explained further that, “the law under 114 also indicate that before you advertise, you need to submit that advertisement for the approval of the Food and Drugs Authority. So they are two separate things.”
According to the explanation given by Mr. Abgavitor, the tagline “this advertisement has been vetted and approved by the FDA” confirms that an advertisement on the airwaves has satisfied the necessary requirements stated in the Act before being aired.
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Meanwhile, Mr. Agbavitor explained why the law prohibits producers of herbal medication from listing some diseases as part of the ailments their product can cure.
“The section 114 says you can advertise your product but the schedule (5) lists some diseases that cannot be advertised that you have a cure for them and it’s quite a tall list of those diseases.
“The question would then be; why did the framers impose such a rule? The scientists say; when it comes to diabetes for instance, we have the fundamental stage and then we have Type 1 Type 2. Now if your advert says your medicine cures diabetes, is it the Type 1, Type 2 or which of them are you curing?” he quizzed.
