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Translations
Working Procedures of the [UAE] Committee for Health Advertisements
Pertaining to Human Health
“Controls, Standards and Principles”
[Unofficial Translation/Edit
By
Howard L. Stovall]
The Committee for Health Advertisements Pertaining to Human Health at the Ministry of Health has implemented several standards, controls and principles when granting licenses to disseminate advertisements in accordance with the procedures followed by the Committee pursuant to Ministerial Decree No. 874 of 2002, as follows:
First: General Controls and Standards
- The advertisement shall neither infringe upon the customs and traditions of Emirati society, nor upon sound Islamic values.
- The advertisement shall not include any manufactured goods or products that would cause harm to others.
- The advertisement shall avoid forms of exaggeration and embellishment, such as the terms: “the one and only – the unique – nothing like it – the best product”, and the like.
- The text of the advertisement shall not seek to induce individuals with statements like “very limited quantity – hurry and seize the opportunity” and other such phrases.
- The advertisement shall not violate public propriety.
- The advertisement shall not include anything untrue that would deceive public opinion. The contents of the advertisement shall be true and not deceiving to those who read it, and without requiring interpretation and explanation.
Second: In the following cases, private health facilities licensed by the Ministry of Health may be advertised inside and outside the country:
- The opening of a new medical facility.
- Moving the facility from one location to another.
- Changing the facility’s telephone numbers.
- The opening of newly licensed sections within the facility.
- Conducting seminars, workshops, and scientific conferences.
- Holding a high level conference inside the facility or under its auspices, after approval is obtained from the relevant authorities.
- Advertising an activity at the facility after approval is obtained from the Department of Private Medical Professions at the Ministry.
Third: Health facilities outside the country may not be advertised in newspapers and other local media except in the following cases:
- The Ministry of Health in the country where the facility is located must approve the text of the advertisement, and such text must thereafter be notarized by the UAE embassy in that country.
- The facility’s owner shall assume responsibility for the contents of the advertisement and whatever damages may result therefrom.
Fourth: Physicians who are licensed to work at private health facilities may be advertised in the following cases:
- Joining the staff at the private health facility.
- Returning from an annual leave, if there was prior notice of taking such leave.
- Returning from international conferences and seminars, if there was prior notice of the participation therein.
- Announcing the date of arrival of visiting physicians.
Fifth: It is strictly prohibited, according to the law, to advertise any curative medicines that are dispensed by prescription, pursuant to Article 92 of Federal Law No. 4 of 1983, the Law on Pharmacies and Pharmacists, which states: “There may be no advertisement or publicity disseminated to the public through newspapers, audio or visual media, or issued through publications or brochures, etc., for any medicine or pharmaceutical preparation, as well as baby food, which is defined by decree of the Minster.”
Sixth: Some preparations which are categorized as medicinal cosmetics or external disinfectants may be advertised in accordance with the following:
- Submitting documents or samples as proof of the composition of the substances to be advertised.
- [Submitting] the certificate of registration of the preparation or substance with the Ministry of Health/Department of Drug Control, with respect to substances registered with the Ministry.
- [Submitting] a certificate certified by the relevant authorities in the country of origin regarding the substance to be advertised, which certificate shall include the ingredients of the preparation.
- [Submitting] a certificate of analysis of the ingredients of the substance to be advertised.
- The advertisement shall include the different aspects of the substance in accordance with the registration thereof.
- The advertisement shall state in a direct fashion the evident benefits of the substance.
Seventh: Some preparations which are categorized as health foods may be advertised upon approval of the text of the advertisement by the Joint Committee on Health Foods, between the Ministry of Health and the General Secretariat of Municipalities.
Eighth: With regard to medical equipment and instruments used for medical purposes, advertising permits are granted in accordance with the following:
- The equipment must have international certification, with complete documentation showing the operation of the equipment.
- There must be a certificate of training issued by the manufacturing entity stating that the local user has been trained on the proper method of using the equipment with sufficient and satisfactory experience (according to the type of equipment), particularly with respect to sensitive equipment such as laser devices, radiation equipment, and similar products.
- The location of the equipment shall be adequate and appropriate for the type of equipment, particularly from the perspective of patient and user safety.
- The equipment shall have an authorized [commercial] agent in the country.
Ninth: The Committee shall seek the assistance of relevant authorities from the Department of Private Medical Professions – Department of Pharmacy and Drug Control, or other technical entities, to confirm the contents of the advertisement and the accuracy thereof.
Tenth: The duration of the advertisement shall not exceed one week from the date of its first publication and within one month of the Committee’s approval. The advertisement may not be repeated except after one month from its last publication.
Eleventh: The Committee shall make determinations on license applications for the publication of advertisements within a period not to exceed fifteen days from the date the application is submitted. Upon the Committee’s approval, the application is registered and given a number for licensing. The publication of an advertisement in the media is not permitted until the license number is provided, otherwise such advertisement would be deemed impermissible.
Twelfth: The Committee shall have the right to amend these procedures from time to time based on requirements of the public interest.
Thirteenth: The Committee shall monitor health advertisements published in the media, and make determinations with respect thereto and refer them to the relevant authorities to take the necessary measures in regard thereto.
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