7.0 Advertising Aspects

General Foods
Malaysia

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

7.1 Applicable Advertising Regulation

Regulations for food advertisement are specified in the Malaysia Food Regulations, similar to the labeling regulations.

In addition, prohibitions regarding food advertising are provided for by Section 17 of the Food Act 1983. Specifically as follows: [1]

1. Any person who for the purpose of affecting or promoting the sale of any food, publishes or causes to be published, either on his own account or as the agent or servant of the person seeking to effect or promote the sale, any advertisement relating or likely to cause any person to believe that it relates to such food, or to any ingredient or constituent thereof, which:
   1. directly or indirectly qualifies or is inconsistent with or contrary to any particulars required by regulations made under this Act to be marked on or attached to such food or marked on or attached to any package containing such food;
   2. is prohibited by any such regulations from being marked on or attached to such food or marked on or attached to any package containing such food;
   3. omits from the name or description of any food any word or words required by regulations made under this Act to be included in the name or description marked on or attached to such food or marked on or attached to any package containing such food; or
   4. is likely to deceive a purchaser with regard to the character, nature, value, substance, quality, strength, purity, composition, merit or safety, weight, proportion, origin, age, or effects of any food or of any ingredient or constituent thereof, commits an offense and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.
2. Any person who publishes or causes to be published any advertisement that does not contain a statement setting forth the true name of the person by whom or on whose behalf the advertisement is published and the address of his place of business or residence commits an offense and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both; provided that where such person is a company it shall be sufficient if instead of the address of the place of business of such company the statement sets forth the name of the place where the company has its registered office.
3. Nothing in subsection (2): (a) shall apply in respect of any advertisement that is published orally or by any means of producing or transmitting light or sound; or (b) shall affect the operation of any other provision of this Act or any regulation made thereunder which relates to the labeling of food.
4. Any statement which is contained in an advertisement for any food and which purports to set forth the name of the person by whom or on whose behalf such advertisement is published, shall, until the contrary is proved, be sufficient evidence of the name of such person.
5. Nothing in this section shall apply to any advertisement which complies with any regulation made under this Act relating to the disclosure or otherwise of the name and address of the place of business or residence of the manufacturer or seller of the food advertised or the agent of such manufacturer or seller.

7.2 Specific Restrictions on Advertising

The Malaysia Food Regulations provide general provisions relating to import, manufacture, sell, or advertise for sale. Advertising restrictions are similar to those on ingredients, labeling, claims, etc. Each product group may have its own ad-restriction provision [2].

7.3 Advertising Approval

Except for food obtained through modern biotechnology, food advertisements are not required to obtain approval from The Food Safety and Quality Division. No mandatory advertising approval process. No cost for advertising approval [3].

7.4 Other Notes or Requirements for Advertising

Food companies are advised to consult the Malaysian Code of Advertising Practice issued by the Advertising Standards Malaysia to make advertisements relevant to the Malaysian market [4].

7.5 References

1. Food Act 1983
http://extwprlegs1.fao.org/docs/pdf/mal27309.pdf 

2. Malaysia Food Regulation
http://fsq.moh.gov.my/v6/xs/page.php?id=72 

3. Regulation 3A, Malaysia Food Regulation
http://fsq.moh.gov.my/v6/xs/page.php?id=72

4. Malaysian Code of Advertising Practice 6th Edition
https://asa.org.my/ManualBookR14_single.pdf