FOOD PRODUCTS (ADVERTISEMENT) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Application of Regulations.

2. Advertisement of unregistered products: Prohibition.

3. Clearance to be obtained before advertisement.

4. Nature of advertisement.

5. Non-referential advertisement.

6. Application for the approval of advertisements.

7. Particulars of application.

8. Validity of approval.

9. Alteration in approved script.

10. Unacceptable advertisement.

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

12. Restriction.

13. Data comparison misrepresentation.

14. Accurate interpretation of research findings.

15. Prohibition of misleading statements in advertisement.

16. Energy intake in food product for adults and children.

17. Ambiguous inference to tonic properties.

18. Protein intake in food product.

19. Penalties.

20. Interpretation.

21. Citation.

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FOOD PRODUCTS (ADVERTISEMENT) REGULATIONS

[1994 No. 15. S.I. 13 of 1996.]

[2nd January, 1996]

[Commencement. ]

1. Application of Regulations

(1) The provisions of these Regulations shall apply to all advertisements of food products (both single entity or compound) imported into Nigeria or locally manufactured, distributed or sold in Nigeria.

2. Advertisement of unregistered products: Prohibition

No person shall advertise any food product unless it has been registered by the Agency.

3. Clearance to be obtained before advertisement

No person shall advertise any food product unless the advertisement has the pre-clearance and approval of the Agency.

4. Nature of advertisement

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

5. Non-referential advertisement

No advertisement of any food product 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 or devices of other food products in a way likely to mislead or confuse the consumer; or

(c) be framed in such a manner as to make reference directly or indirectly to the medical or any of its allied professions.

6. Application for the approval of advertisements

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

(2) Where the 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.

7. Particulars of application

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 food product;

(b) place of importation or local manufacture;

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

(d) the name and address of the local distributor;

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

(f) the date of first introduction of the food product to the Nigerian market;

(g) information about any previous advertisement of the food product in

Nigeria;

(h) a copy of the old script;

(i) the proposed media for the advertisement;

(j) a copy of the registration certificate of the food product;

(k) a justification for any special claims on the food product;

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

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

8. Validity of approval

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

9. Alteration in approved script

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

10. 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.

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

(1) 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 to the Governing Council in writing and accompanied by supportive information.

12. Restriction

No advertisement for a food product shall contain-

(a) any false or misleading information;

(b) half-truths, inadequate qualification and limitations regarding safety or

effectiveness of the food product;

(c) vague, unsubstantiated statements, suggestions or superiority over other

competing food products;

(d) any false impression that the advertised food product is for universal cure

or should be regarded as a more effective and safer alternative to other

related food products.

13. Data comparison misrepresentation

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

(2) Any reference to competitive manufacturer or their specialties 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 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.

14. 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 relevant statistics on the food product shall be written in a manner which reflects only their true validity and significance.

15. Prohibition of misleading statements in advertisement

No person shall-

(a) display, screen or otherwise present an advertisement of a food product

unless in accordance with the provisions of these Regulations; or

(b) give to a food product a name which is capable of giving a false

impression of the nutritional properties of the food product; or

(c) make any claim to assert, imply or otherwise convey the impression as to

the suitability of the food product for use in the prevention, alleviation, management, treatment or cure of a disease, disorder or physiological condition; or

(d) make a claim that the food product contains a particular value when that

value is not wholly contributed by the food products, but is partly contributed by other food products with which it may be consumed.

(2) All nutritional claims shall comply with Regulations of the Prepackaged Food (Labelling) Regulation 1995.

16. Energy intake in food product for adults and children

A person shall in advertising a food product or on a label of such food product, state-

(a) that the food product is a “source” or “dietary source” of energy if a reasonable daily intake of that food product by a person would result in the daily intake of not less than 450 kilo calories of energy;

(b) that the food product is a “good source” or “a good dietary source” of energy if a reasonable daily intake of that food product by a person would result in an intake of not less than 1,200 kilo calories of energy; and

(c) that the food product is “an excellent source” or “an excellent dietary source” of energy if a reasonable daily intake of that food product by a person would result in daily intake of not less than 2,250 kilo calories of energy.

(2) No person shall sell a food product for which an energy claim is made and represented as being solely for use in the feeding of children under two years of age, unless a reasonable daily intake of that food product by a child under two years of age would result in the total daily intake by the child of not less than 1,360 kilo calories of energy.

17. Ambiguous inference to tonic properties

No person shall advertise for the sale or have in his possession for the sale any food product which is described by a name or words calculated to indicate either directly or by ambiguity, commission or inference that the food product has tonic properties by reason only that such food product contains-

(a) alcohol; or

(b) protein or substances prepared from the hydrolysis of protein; or

(c) caffeine or purine derivatives.

18. Protein intake in food product

A person shall in advertising a food product or on a label of such food product, state-

(a) that the food product is “a source” or “a dietary source” of protein if a reasonable daily intake of that food product by a person would result in the daily intake by that person of not less than 9 grams of protein;

(b) that the food product is “a good source” or “a good dietary source” of protein if a reasonable daily intake of that food product by a person would result in an intake of not less than 24 grams of protein; and

(c) that the food product is “an excellent source” or “an excellent dietary source” of protein if a reasonable daily intake of that food product by a person would result in daily intake by that person of not less than 45 grams of protein.

19. Penalties

If any person defaults in complying with the requirements of these Regulations, the Agency shall prohibit that person from carrying on the advertisement of food products either absolutely or for such period of time as the Agency may determine, in addition to a fine of N50,000.

20. 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 notices in circulars, handouts, labels, wrappers, catalogues and price lists, bill boards, posters, newspapers, magazines, and any other documents) 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;

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

“food” means any article manufactured, sold or advertised for use as food or drink for man, chewing gum, and any ingredient that may be mixed with food for any purpose whatever, but does not include live animals, birds or fish, fodder or feeding stuff for animals, birds or fish other than supplements produced for addition to animal and poultry food stuff;

“food establishment” means any registered place where any operation for the purpose of manufacturing food is being carried on;

“label” means a display of written, printed or graphic matter upon the immediate containers;

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

21. Citation

These Regulations may be cited as the Food Products (Advertisement) Regulations.

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NLIPW

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