9. Advertising Aspects

Beers & Whisky
Malaysia

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

9.1 Applicable Advertising Regulation

General Food

Section 17 of the Food Act 1983 [1] outlines the advertising regulations for General Food products. Specifically, as follows:

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

(a) 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;

(b) 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;

(c) 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

(d) 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 which 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 [1].

Category

Alcoholic drinks

Same as "General Food" above.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

9.2 Specific Restrictions on Advertising

General Food

The prohibition matter on food advertisement can be referred to in the attached Guideline on Labeling Requirement under the Food Act 1983 and Regulations [1] thereunder [3. Guideline on Food Advertisement, Section 5]. 

Category

Alcoholic drinks

The restriction follows the "General Food" requirement with additional requirements below:

• [Regulation 361 (5)] - Any alcoholic beverage that is displayed for sale in any retail outlet or sales counter shall be displayed in a separate display cabinet or shelf used for food.
• [Regulation 361 (5a)] Any person who sells alcoholic beverage shall –
  1. place a notice in capital bold-faced black lettering of a non-serif character, not less than 48 point size lettering on a red background containing the words "MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN" (Meaning in English: DRINKING ALCOHOL CAN DANGER YOUR HEALTH) as specified in the Twentieth B Schedule in front of the location where the alcoholic beverage is offered for sale; and
  2. display conspicuously a sign on the prohibition of the sale of alcoholic beverages to any person under the age of twenty-one years as specified in the Twentieth C Schedule at the counter where the alcoholic beverage is offered for sale.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

9.3 Advertising Approval

General Food

Except for food obtained through modern biotechnology, food advertisements are not required to obtain approval from The Food Safety and Quality Division. There is no mandatory advertising approval process. [2]

Category

Alcoholic drinks

Same as "General Food" above.

Product

1) Beer

Same as "Category" (alcoholic drinks) above.

2) Whisky

Same as "Category" (alcoholic drinks) above.

9.4 Other Notes or Requirements for Advertising

None.

9.5 References

1. Guideline on Labeling Requirement under Food Act 1983 and Regulations thereunder [3. Guideline on Food Advertisement]

PDF attached below

2. Regulation 3A, Food Regulations 1985 Update December 2023 (PUA 209_2020) thereunder

https://hq.moh.gov.my/fsq/peraturanperaturan-makanan-1985