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BOTTLED WATER (ADVERTISEMENT) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Advertisement of registered product only

2. Clearance to be obtained before advertisement

3. Nature of advertisement

4. Non-referential advertisement

5. Application for the approval of advertisement

6. Particulars of application

7. Validity of approval

8. Alteration in approved script

9. Unacceptable advertisement

10. Appeal in case of withdrawal of approval within the one year specified

11. Restriction

12. Data comparison misrepresentation

13. Accurate interpretation of research findings

14. Sanctions

15. Interpretation

16. Citation

BOTTLED WATER (ADVERTISEMENT) REGULATIONS

[S.1. 17 of 1995.]

under sections 5 and 29

[16th August, 1995]

[Commencement. ]

1. Advertisement of registered product only

No person shall advertise any bottled water imported into Nigeria or locally manufactured unless the bottled water has been registered by the Agency.

2. Clearance to be obtained before advertisement

No person shall advertise any bottled water unless the advert has the pre-clearance and approval of the Agency.

3. Nature of advertisement

All advertisements of bottled water in Nigeria shall be accurate, complete, clear and designed to promote credibility and trust by the general public and health care practitioners, accordingly statements or illustrations on the bottled water shall not mislead directly or by implication.

4. Non-referential advertisement

No advert bottled water shall-

(a) make reference directly or indirectly to any member of the health care profession, hospitals, clinic or pharmacy, etc.;

(b) imitate the general layout, text, slogan or visual presentation of devices of any other bottled water in a way likely to mislead or confuse the consumer;

(c) be framed in such a manner as to exploit any superstitions or be calculated to induce fear among consumers causing them to purchase the bottled water being advertised.

5. Application for the approval of advertisement

(1) All advertisement materials including scripts, story-board, art work, radio, video tapes, etc., shall be submitted under confidential cover along with than application to the Director-General of the Agency.

(2) Where advertisement materials are submitted through any of the State offices of the Agency, it shall be subject to the approval of the Director-General of the Agency.

6. Particulars of application

(1) An application submitted by an advertising agent, distributor, manufacturer or the sponsor of the advert shall contain the following, that is-

(a) the brand name of the bottled water;

(b) the generic name of the bottled water;

(c) whether the bottled water is imported or locally manufactured (country of manufacture);

(d) the name and location address of the manufacturer;

(e) the name and location address of the local distributor;

(f) the name and location address of the advertising company;

(g) the date of first introduction of the bottled water to the Nigerian market;

(h) information about any previous advertisement of the bottled water in Nigeria;

(i) a copy of the old script (if any);

(j) the proposed media for the advertisement;

(k) a copy of the registration certificate of the bottled water;

(l) justification for any special claims on the bottled water;

(m) the scripts, story-board, art works, radio and video tapes of the advert; and

(n) such other materials as may be required by the Agency from time to time.

7. Validity of approval

The approval of an advertisement shall be valid for a period of one year beginning from the date of the approval.

8. Alteration in approved script

Any alteration in the format of the approved script, story-board, art work, radio or video tapes without the approval of the Agency shall render the approval null and void.

9. Unacceptable advertisement

Where an advertisement is considered unacceptable by the Agency, the words “Unacceptable as presented” shall be stamped on it and it shall be returned to the advertiser with the unacceptable information or illustration clearly identified.

10. Appeal in case of withdrawal of approval within the one year specified

If the approval for an advertisement is withdrawn during the one-year period of approval, an appeal shall be lodged within thirty days after the receipt of the withdrawal directed to the Governing Council of the Agency in writing and accompanied by supportive information.

11. Restriction

No advertisement for a bottled water shall contain-

(a) any false or misleading information;

(b) half-truths, inadequate qualification and limitations regarding safety or effectiveness of the bottled water;

(c) vague, unsubstantiated statements, suggestions of superiority over other competing bottled water;

(d) any false impression that the advertised bottled water is for universal cure or should be regarded as a more effective and safer alternative to other

12. Data comparison misrepresentation

(1) No comparison shall mislead directly or by implication and any such comparison shall be supported by reliable current scientific data.

(2) Any reference to competitive manufacturer or their specialities shall be restricted to factual comparisons without the use of identifiable product(s) or brand name(s).

(3) All data illustrations presented in an advertisement including charts, graphs, tables, etc., extracted from reference studies or other source or reproduced by art work shall be accurate, complete and clear with their source specifically identified.

(4) Data illustrations shall not be misleading or ambiguous or distort the original intended meaning or interpretation either directly or by implication.

13. Accurate interpretation of research findings

Any copy of an advertisement shall be written in a manner which accurately interprets valid and representative research findings and statistics on the bottled water and shall be written in a manner which reflects only their true validity and significance.

14. Sanctions

If any person fails to comply with the provisions of these Regulations, the Agency may prohibit that person from carrying on the importation, exportation, manufacture, distribution, sale of or use of the bottled water either absolutely or for such period of time as the Agency may declare in addition to the payment of a fine of N5,000.

15. Interpretation

In these Regulations, unless the context otherwise requires-

advertising” means the publicity of goods and description of all products (which includes any form of notice in circulars, handouts, labels, wrappers, catalogues and price lists, bill boards, posters, newspapers, magazines and any other document made orally or otherwise or by means of projected light and sound recordings);

Agency” means the National Agency for Food and Drug Administration and Control;

appropriate authority” means the Director-General of the Agency;

bottled water” means any form of processed water packed for drinking purpose and enclosed in any form of container;

claim” means any representation which states, suggests or implies that the bottled water has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;

Director-General” means the Director-General of the Agency;

justification” in respect of any claim shall be in the light of current nutritional scientific knowledge acceptable to the Agency;

label” means a display of written, printed or graphic matter upon the immediate bottled water container;

location and address” means a place where the business of manufacture, sale, distribution, storage and display of bottled water is carried out which includes the house number, plot number, street name, town or city, state, country, etc.;

package labelling” includes the label on the immediate bottled water container and all other printed matter such as outer wrapper or carton or leaflet associated with the package.

16. Citation

These Regulations may be cited as the Bottled Water (Advertisement) Regulations.

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NLIPW

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