Advertising of Pharmaceutical Products by Online Pharmacies: Need for Specific Legal Governance

Abstract

The internet offers significant benefits to consumers in the form of greater and easier access to detailed information as well as convenient access to healthcare information but also for prescriptions and medical advice. The Malaysian government embarked on building a healthcare information system for the 21st century through its Tele-health Project 2000. The said project aims to keep people healthy through a virtual healthcare information system. One important aspect of healthcare is pharmaceuticals. Although there are undoubted benefits of online pharmacies such as competitive prices, convenience and privacy, but there are potential risk involved as well, one of which is false and misleading information. Malaysia has developed some significant laws primarily to protect its consumers. These piecemeal laws have been able to meet the basic objectives of consumer protection as and when required. However, the concept of online pharmacy demands more comprehensive consumer protection. This article explores if a specific law governing the advertising of pharmaceutical products by online pharmacies is needed. In doing so, it examines the legal issues associated with online advertising of pharmaceutical products and the extent to which existing laws governing the advertising of the same is adequate.