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Advertising Self Regulation:Why we should make it work.

A Presentation to PAPPI’s 3rd GMMSeptember 19 , 2014

Because Consumers should be Protected

.

Advertising must :

Inspire Public Confidence DecentLegal

Honest and most importantly

Truthful

We must continuously make

Self Regulation work or

the Government will do the job for us.

Foundation of Advertising Research Highlights

“ The Philippines’ Ad Standards Council operates one of the most sophisticated pre-approval systems.

It puts emphasis on preventing non- compliant ads appearing in the media rather a consumer complaints system.”

Foundation of Advertising Research says :

“The Philippines Self Regulatory system is unique but importantly it works and suits the local business and culture . “

March 2012 Mc Kinsey & Company report

• ADVERTISING is a driver of the economy.

• Advertising Expenditure could increase the rate of economic growth of a country by 15%

• It is a well known truism that companies that spend a significant proportion of their total income on advertising will grow faster than those who don’t.

Research by eMarketer and StarcomMediavest Group.

There is an important place for Government Regulation

but the Industry has a far more important role

of establishing credible Self Regulation that complements the Government

regulatory framework .

Self Regulation in the Philippines

The Philippines has over 40 years of Self Regulation

ASC

KBP

4AsPANA

In 2008

ASC

KBP

4As

UPMG

MSAP

IMMAP

PANA

Currently

A non stock , non profit organization that aims to promoteTRUTH and FAIRNESS in advertising through self regulation of

advertising content

The ASC Role is CONTENT REGULATION

Towards Responsible Advertising

forConsumer Protection

Ads should not mislead

Should be Honest DecentLegal

And more importantly TRUTHFUL.

The Main Function of the ASC are:

1. Screening of advertisements with or without advertising claims.

2. Hearing disputes on advertisements which pertain to content of the advertisement

3. Resolutions of disputes on advertisements arising from procedures of the ASC.

Overriding Principles that guide the voluntary adoption of the ASC Rules

1. The paramount consideration is the consumer’s interest .

2. The Advertising Industry can best be protected by espousing self –regulation.

3. Content Regulation serves to safeguard Truth In Advertising

4. The rules and procedures facilitate production and placement of advertisements.

In the interest of dynamism , continued relevance and service to the industry , the ASC rules are updated from time to time by competent and seasoned practitioners belonging to the stakeholder associations

In all procedures the ASC is guided by :

1.Laws of the Land2. ASC Code of Ethics3. ASC precedents

Scope of Coverage

1. All Broadcast Materials ( TV/Radio ) including edit downs . Infomercials ,Interstitials , AOB scripts, portion buys, casual plugs whether live or pre taped. Announcer on board, OBB/CBBs, teasers, time checks, countdowns.

2. Cinema Ads.

3. Out of Home ( Billboards , LEDs, digital displays, transit ads, street marketing materials etc.

4. Merchandising Materials, Point of Sale ( POS ) Point of Purchase including banners , streamers, flyers, wobblers tent cards etc.

5. Internet and Mobile ads

6. Print Ads

Board Of

Directors

Executive Director

Ad Specialists/

Ad Reviewers

ProfessionlScreenrs

Technical Group

Finance Team

Volunteer Panelists

Techcom

ASC Organizational Structure

The ASC Organizational Structure

Board of Directors

• Headed by a Board Of Directors who are key officers of the Stakeholder Associations .

Mgt

• Executive Director oversees the efficient and effective implementation of the role and function of the ASC.

ADMIN

• ASC staff : !5 total . Includes encoders, data/archiving , Finance , /admin and 5 Ad Specialists .

Pre

Screening

• 12 Professional Screeners who takes care of the prescreening process.

TECH

COM

• 12 Technical Committee members : Procedural case decisions.

PANELISTS

• 100 Industry volunteers who served as PANELISTS either in Screening or Hearing Cases.

Productivity Highlights1. The ASC ended 2013 with a total of 25,281 applications .

2. YTD 2014 ( January to June) is already at 12, 752 applications.1. This is an average of 2125 per month or roughly 110 applications per day.

Release of decisions at the ASC is within the day from 4 till 6 p.m. with four (4) Professional Screeners on Board daily.

3. Breakdown per medium as follows:1. Television : 34%2. Radio : 28%3. Print : 9 %4. OOH : 20 % 5. Collaterals : 9%

4. To date we have processed a total of 35 competitive complaints , 15 Post Screening cases which represents .003% of total applications filed.

1. Prescription period of filing complaint is 60 calendar days from first airing of subject copy, claim .

2. ASC turnaround time is maximum of 3 days to form a panel upon receipt of complaint , decision is released within 46 hours after the hearing .

Top Categories with Disapproval Decision :15% Pharmaceutical Products

8% Food Supplements

7 % Telecom

6% Skin Care Products

5 % Banking & Finance

Top 5 Reasons for Disapprovals

60% Unsubstantiated claims

16% Absolute/Misleading

7% Food Supplements with Curative Claims

7 % Insufficient Documents

6% No DTI/FDA promo permit

2013- 2014 Year of the Big C s :

1.Co - operative

2.Collaborative

3.Co existense

Co-Operative

Inclusion /Membership of other Industry stakeholders in the ASC :Media Specialists ( AOR s)Internet Mobile Marketing association ( digital )United Print Media Group

Industry recognition and Compliance to the sanctions and penalties imposed on violations. .

Compliance of even non- members to the rules and procedures .

Collaborative

Partnering with other Government Regulatory Bodies and being recognized for content regulation :

1. Department of Trade and Industries2. Food and Drug Administration 3. Department of Health ( DOH )4. Department of Transportation and Communications:

1. CAB2. LTFRB

5. Metro Manila Development Administration ( MMDA ) 6. National Telecommunications Commission

Co- existence

Creativity and Content Regulation

Government Rules Integration :Generic Acts LawConsumer Act of the PhilippinesMilk CodePassenger Bill of RightsFood Supplement IRR Health and Safety Anti Tobacco Act Magna Carta For Women National Historic CommissionDepartment of Labor and Employment ( Minors in Ads )

Trade Associations IRRPhilippine Medical AssociationASEAN Harmonization CODEXInternational Chamber of Commerce

Co- existence

Such Big Tasks

comes with the need to have :1.Competent Regulators

2. Correct Decisions3. Compliance

Annual Advertising Expenditure Report TV • Radio • Print

2013

Highlights of the Year: 2013

• Advertisers spent more than Php 342 billion in tri-media advertising last 2013.

• 77% of the spending went to television, 18% to radio and 4% to

print.

• The category with the biggest spending is Detergent and Laundry

Aids followed by Hair Shampoo.

• The top advertiser in tri-media is Unilever Philippines with almost

Php 50 billion-worth of advertisements.

• Palmolive Shampoo and Conditioner is the top-spending brand last

year, with expenditures close to Php 6 billion.

Top Categories (1-10) 2013

Cost (in millions)

DETERGENTS & LAUNDRY AIDS 26,332

HAIR SHAMPOO 23,792

CORPORATE ADVERTISING 14,464

WIRELESS TELEPHONY 12,935

MILK POWDER 12,606

TOOTHPASTE, MOUTHWASH & TOOTHBRUSH 12,581

HAIR CONDITIONER 10,168

GOVERNMENT AGENCIES & PUBLIC UTILITIES 9,878

ENTERTAINMENT 9,462

FACIAL CARE 8,358

*Costs are based on published rate cards and are expressed in millions. For TV and Radio, OBBs, CBBs, freeforms and spots running less than 15 seconds are excluded.

Top Categories (11-20) 2013

Cost (in millions)

MISCELLANEOUS FOOD PRODUCTS 8,346

FLAVOR ENHANCERS & FOOD MIXES 7,599

SOAPS 7,238

VITAMINS 7,112

BAKERY PRODUCTS 6,676

COFFEE & TEA 6,623

MEDIA 5,961

FROZEN DESSERTS 5,563

SOUPS & NOODLES 4,609

CLEANSERS 4,508


Top Advertisers (1-10) 2013

Cost (in millions)

UNILEVER PH

PROCTER & GAMBLE PH

COLGATE-PALMOLIVE PH

UNITED LABORATORIES

NESTLE PH

MONDE NISSIN

JOLLIBEE FOODS

MEAD JOHNSON PH

UNILEVER RFM ICE CREAM

GLOBE TELECOM

49,847

34,192

16,126

14,683

14,619

4,422

4,216

4,009

3,958

3,690


Top Advertisers (11-20) 2013

Cost (in millions)

SMART COMMUNICATIONS 3,619

UNIVERSAL ROBINA 3,576

ACS MANUFACTURING 3,523

GOLDEN ARCHES DEVELOPMENT 3,309

KRAFT FOODS PH 3,147

TANDUAY DISTILLERS 2,938

WYETH PH 2,855

THE COCA-COLA EXPORT COMPANY 2,669

ASIA BREWERY 2,539

SAN MIGUEL BREWERY 2,339


Top Brands (1-10) 2013

Cost (in millions)

PALMOLIVE SHAMPOO WITH CONDITIONER 5,873

COLGATE TOOTHPASTE 4,855

SURF DETERGENT POWDER 4,783

CREAMSILK HAIR CONDITIONERS 4,552

ARIEL DETERGENT POWDER 4,427

SUNSILK HAIR SHAMPOO 4,283

SELECTA ICE CREAM 4,046

DOWNY FABRIC CONDITIONER 3,648

TIDE DETERGENT POWDER 3,362

JOY DISHWASHING CLEANER 3,350


Top Brands (11-20) 2013

Cost (in millions)

BREEZE POWDER DETERGENTS 3,335

PANTENE HAIR CONDITIONER 3,139

HEAD & SHOULDERS HAIR SHAMPOO 2,817

LUCKY ME! INSTANT NOODLES 2,648

NESCAFE COFFEE 2,633

CLEAR HAIR SHAMPOO 2,557

CLOSE-UP TOOTHPASTE 2,489

LACTUM GROWING-UP MILK 2,483

GLOBE WIRELESS TELEPHONY SERVICES 2,475

SMART WIRELESS TELEPHONY SERVICES 2,194


Semestral Advertising Expenditure Report TV • Radio • Print

Semester 1 • 2014

Semester Highlights: 2014

• TV Spending increased by 7% vs S1 2013, Radio stayed the same, while Print spending decreased by 8%. Total Tri-Media spending increased by 5%.

• Hair Shampoo category had the biggest decrease in TV adspendwhile Corporate advertising had the biggest increase.

• Despite the big decrease in spending for the hair shampoo category, Palmolive Shampoo with Conditioner is still the top brand for TV.

• Vitamins and Herbal supplements had the most decrease in spending for Radio categories (-32% and -26%) while Candies and other confectionaries had the biggest increase (+471%)

Top Categories (TV) S1

2014

Rank Category S1 2013* S1 2014* % Diff

1 DETERGENTS & LAUNDRY AIDS 11,205 12,322 10%

2 HAIR SHAMPOO 11,961 7,802 -35%

3 WIRELESS TELEPHONY 4,283 7,486 75%

4 MILK POWDER 7,141 7,307 2%

5

6

CORPORATE ADVERTISING

TOOTHPASTE, MOUTHWASH &

TOOTHBRUSH

3,250 7,216 122%

5,673 6,301 11%

7 FACIAL CARE 3,802 4,980 31%

8 FLAVOR ENHANCERS & FOOD MIXES 3,573 4,292 20%

9 BAKERY PRODUCTS 3,216 4,129 28%

10 MISCELLANEOUS FOOD PRODUCTS 4,149 4,017 -3%

BALANCE CATEGORIES 73,261 74,091 1%

*Costs are based on published rate cards and are expressed in millions.

For TV and Radio, OBBs, CBBs, and freeforms are excluded.

Top Categories (Radio) S1

2014


1 WIRELESS TELEPHONY 1,546 1,728 12%

2 HERBAL SUPPLEMENTS 2,009 1,489 -26%

3 CORPORATE ADVERTISING 1,540 1,451 -6%

4 DETERGENTS & LAUNDRY AIDS 1,201 1,239 3%

5 SOAPS 570 1,215 113%

6 BEERS 606 1,129 86%

7

8

CANDIES & OTHER CONFECTIONERIES

AUTOMOTIVE SUPPLIES &

ACCESSORIES

191 1,088 471%

1,021 1,053 3%

9 BRANDY 583 889 52%

10 VITAMINS 1,271 865 -32%

BALANCE CATEGORIES 19,968 18,115 -9%



Top Categories (Print) S1

2014


1 AUTO VEHICLES & CAR DEALERS 444 952 114%

2 REAL ESTATE 435 828 90%

3 ENTERTAINMENT 410 792 93%

4 COMMERCIAL CENTERS & BAZAARS 380 727 91%

5 WIRELESS TELEPHONY 376 599 60%

6 CORPORATE ADVERTISING 311 559 80%

7 BANKS 279 482 73%

8

9

MEDIA

GOVERNMENT AGENCIES & PUBLIC

UTILITIES

210 439 109%

185 427 131%

10 TRAVEL 219 375 71%

BALANCE CATEGORIES 2628 5,078 93%



Top Advertisers (TV) S1

2014

Rank Advertiser S1 2013* S1 2014* % Diff

1 UNILEVER PHILIPPINES, INC. 22,402 25,898 16%

2 PROCTER & GAMBLE PHILIPPINES, INC. 7,331 15,441 111%

3 COLGATE-PALMOLIVE PHILIPPINES, INC. 8,154 7,662 -6%

4 NESTLE PHILIPPINES, INC. 4,356 7,202 65%

5 UNITED LABORATORIES, INC. 4,518 3,963 -12%

6 MONDE NISSIN CORPORATION 2,315 2,804 21%

7 UNILEVER RFM ICE CREAM, INC. 683 2,670 291%

8 MEAD JOHNSON PHILIPPINES, INC. 2,275 2,605 15%

9 JOLLIBEE FOODS CORPORATION 1,507 2,391 59%

10 UNIVERSAL ROBINA CORPORATION 1,559 2,163 39%

BALANCE ADVERTISERS 76,418 67,143 -12%



Top Advertisers (Radio) S1

2014


1 ACS MANUFACTURING CORP. 1,182 2,451 107%

2

3

UNITED LABORATORIES, INC.

COLUMBIA INTERNATIONAL FOOD

PRODUCTS, INC.

2,694 1,781 -34%

153 1,190 675%

4 SAN MIGUEL BREWERY, INC. 281 1,104 292%

5 PROCTER & GAMBLE PHILIPPINES, INC. 280 833 198%

6 NESTLE PHILIPPINES, INC. 368 788 114%

7 UNILEVER PHILIPPINES, INC. 729 744 2%

8 TANDUAY DISTILLERS, INC. 691 686 -1%

9 PETRON CORPORATION 633 630 0%

10 GENERICS PHARMACY 291 521 79%




Top Advertisers (Print) S1

2014


1

2

SHOEMART, INC.

PHILIPPINE LONG DISTANCE

TELEPHONE COMPANY

356 259 -27%

97 146 51%

3 MEGAWORLD CORPORATION 165 145 -12%

4 AYALA LAND, INC. 104 112 7%

5 ROBINSONS LAND CORPORATION 98 94 -4%

6

7

8

FORD MOTORS PHILIPPINES, INC.

MITSUBISHI MOTORS PHILIPPINES

CORPORATION

TOYOTA MOTORS PHILIPPINES

CORPORATION

0.7 90 12,270%

71 83 16%

66 80 21%

9 SMART COMMUNICATIONS, INC. 148 65 -56%

10 CEBU AIR, INC. - 61 -




Top Brands (TV) S1

2014

Rank

1

Brand

PALMOLIVE SHAMPOO WITH

CONDITIONER

S1 2013* S1 2014* % Diff

1,510 2,949 95%

2 SELECTA ICE CREAM 2,007 2,670 33%

3 ARIEL DETERGENT POWDER 1,938 2,492 29%

4 COLGATE TOOTHPASTE 2,555 2,435 -5%

5 DOWNY FABRIC CONDITIONER 1,527 2,161 42%

6 SURF DETERGENT POWDER 2,234 2,152 -4%

7 TIDE DETERGENT POWDER 1,316 2,134 62%

8 JOY DISHWASHING CLEANER 1,366 2,002 47%

9 PLDT BROADBAND 344 1,868 442%

10 CREAMSILK HAIR CONDITIONERS 2,064 1,862 -10%

BALANCE BRANDS 114,652 117,216 2%



Top Brands (Radio) S1

2014

Rank Brand S1 2013* S1 2014* % Diff

1 SAN MIGUEL BEER 271 814 200%

2 SHIELD SOAP 201 747 272%

3 PRIDE DETERGENT POWDER 166 545 228%

4 PETRON GAS/STATION 556 535 -4%

5 COMPANERO BRANDY - 441 -

6 COLUMBIA CHEWING GUM 41 411 904%

7 GINEBRA SAN MIGUEL 494 410 -17%

8 EMPERADOR BRANDY 357 400 12%

9 STAR WAX 195 362 86%

10 COLUMBIA HARD CANDIES 55 344 529%

BALANCE BRANDS 28,171 25,252 -10%



Top Brands (Print) S1

2014

Rank Brand S1 2013* S1 2014* % Diff

1 INSTITUTIONAL AD 41 132 222%

2 SM DEPARTMENT STORE 107 99 -8%

3 SM CINEMA 96 90 -6%

4 FORD CARS & AUV'S 27 90 235%

5 CEBU PACIFIC AIRLINES 75 74 -2%

6 PLDT BROADBAND 29 73 150%

7 MITSUBISHI CARS & AUV'S 11 67 509%

8 SHOEMART SHOPPING MALLS 103 63 -39%

9 AYALA MALLS CINEMA 65 62 -6%

10 TOYOTA CARS & AUV'S 61 60 -1%

BALANCE BRANDS 5,262 4,572 -13%



The Power of Advertising

Power to Convince and Convert .

Transforms the mundane into an emotion.It raises expectations.

Power to Entertain .

Provokes an emotion.

Advertising have that power to change lives and influence behavior.

With Great Power Comes Great Responsibility

Local and Global Alliance References

Philippine Laws affecting advertisements

• R.A. 6675 “The Generics Act of 1988”

• R.A. 9711 “Magna Carta for Women”

• R.A. 9211 “Tobacco Regulation Act of 2003”

• R.A. 8491 “The Flag and Heraldic Code of the Philippines”

• R.A. 9711 “FDA Strengthening Law”

• AO 65 s. 1989 “Guidelines on Advertisement and Promotions to Implement The Generics Act of 1988”

• AO 51 “The Milk Code”

• AO 2006-0012 “Revised Implementing Rules & Regulations of EO 51”

• A.O. 2005-0025 “Implementation of the ASEAN Harmonized Cosmetic Regulatory Scheme and ASEAN Common Technical Documents”

• MMDA Memorandum Circular No. 10 s. 2011 – Implementing Guidelines of MMDA Regulations No. 04-004 S. 2004

• NTC Memorandum Order No. 07-07-2011 – Minimum Speed of Broadband Connections

Mandatory Requirements

Government Clearance Product and/or activity

FDA Certificate of Product Registration (CPR)Certificate of Product Notification (CPN)

Food , Drugs, Medical Devices

Cosmetic products

DOH-FDA Sales Promo Permit OR Approved Mechanics

Sales and promo materials of food and drugs

Department of Health Interagency Commission (DOH-IAC) Approval

For products under milk code

DTI Sales Promo Permit OR Approved Mechanics

Sales and promo materials of other product categories

Government Clearance Product and activity

Housing and Land Use Regulatory Board (HLURB) -License to Sell

Real estate ads

National Historical and Cultural Commission (NHCC) Approval

When showing the flag or other national symbols

Central Bank Clearance When showing Philippine currency or facsimile in ads

DOLE permit When using Filipino talents of minor age

Government Clearance Product and activity

National TelecommunicationCommission (NTC) Permit

Sales promo ads of mobile/networks services

Civil Aeronautics Board (CAB)Approval

Approved promo airfare ratesof airlines

Bureau of Animal Industry (BAI) CPR

Veterinary products

Music License or Agreementto use intellectual property

If using music, copyrighted materials, trademarks

Products or Services Mandatory Statement/Tag

Over the Counter Drugs •If symptoms persists , consult your doctor .

•Prominent exposure /mention of Generic name.

Food or Herbal supplement No Approved Therapeutic Claim.

Alcohol Beverages Drink Responsibly.

Under Milk Code Products Breast Milk is Best for Babies up to Two years old.The Use of Milk Supplementsmust only be upon the advice of a health professional.

Products or Services Mandatory Statement/Tag

Promo Materials •Per DTI promo period and permit number.•Per DOH- FDA promo period and permit number.

Price Advertising Qualified with Suggested Retail Price ( SRP)

Airline Promos CAB Permit Number

Real Estate Materials HULRB License to Sell.

Broadband Network offering Minimum guaranteed Connection Speed and Service Reliability (%)

Required Documents for Claims

Type of Claim Example of Acceptable Support

Own product performance without comparative claim

Company-owned document duly signed by the relevant technical person or a high ranking company official. Documents signed by persons directly involved in the development of advertising of the brand, product or service are not acceptable e.g., Brand Managers, Advertising Managers.

Testimonial claim that does not relate to product performance

Documents, affidavits, certifications of actual product or service use or preference by the person making the endorsement or testimonial.

Testimonial claims which relate to own product performance

Published researches, clinical studies and other data supporting the product’s claimed benefits.

All other claims (Comparative, Superiority )

Support documents from an acceptable and reliable independent third party or any other source deemed acceptable by the Professional Screener or Screening Panel.

ASC CODE OF ETHICS HIGHLIGHTS

General Standards of Presentation

1. Respect for Country & the Law

2. Philippine Standards & Symbols


3. Respect for Religion, Filipino Culture & Traditions

Specific Standards of Presentation

1. Standards for Consumer Protection & Safety

2. Standards for Protection of Children


4. Sex, Profanity, Obscenity & Vulgarity

5. Crime, Violence & Morbidity


3. Standards on Comparison Advertising & Disparagement

4. Standards on Product Claims


5. Standards on Non-Prescription Drugs

6. Standards on Special Products & Services


7. Standards on Price Advertising

8. Standards on Contests & Promotions

Materials Not Covered by the Rules

1. Political Ads

2. Ad materials from religious organizations

3. Emergency public service announcements and public

service advertising materials of utility companies.

Materials Not Covered by the Rules

4. National and line agencies’ and local government’s advertising

materials

5. Movie trailers, station and network merchandising plugs

6. Non-profit organizations or associations, NGOs, and foundations

Print and Digital Ads are Post screenedEXCEPT if

• With number 1 claim (leadership)

• With superiority or exclusivity

claim

• With direct comparison

• With sexy tones, exposure of

human body and similar execution

• With tones of violence

• Products, brands & services

covered by the Milk Code

• Food, Health, Dietary Supplement

products

• Airlines and other Carriers with

promotional fares

Not Allowed

1. Content with Sex and Violence.

2. Endorsement of Medical Doctors.

3. Use of the word “SAFE”.

4. Disrespect to religion, country and values.

5. Direct or Implied disregard of breastfeeding.

6. Direct or Implied therapeutic claims for Food/Herbal/Health Supplements.

FDA & ASC Guidelines on Pharmaceuticals and Food Supplement Advertisements

• The ASC will issue a Recall of Clearance to air on any of the following:

– Government Agency Ruling

– Violation of the Law of the Land

– Reasons of technicality upon the determination of the TECHCOM

– Widespread concern on public safety and sensitivity.

FDA – ASC MOU

• ASC Agrees:– To communicate and relay, the names and contact information of

the persons responsible for liaising with the DOH-FDA.

– To promptly refer to the DOH-FDA for the technical input on submitted materials for advertisement of pharma / food/dietary supplement;

– To verify from the DOH-FDA the veracity of submitted label claims, product registration and other supporting documents for the advertisement;

– To promptly refer to DOH-FDA any advertisement found to be not in accordance with the approved materials or those not authorized at all.

R.A. 7394 The Consumer Act of the PhilippinesChapter VI – Advertising and Sales Promotion

FALSE, DECEPTIVE AND MISLEADING ADVERTISEMENT

ARTICLE 110. False, Deceptive And Misleading Advertisement

- it shall be unlawful for any false, deceptive or misleading advertisement by Philippine mail or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing of which is likely to induce directly or indirectly the purchase of consumer products or services.


Advertisement shall be false, deceptive or misleading if it is not in conformity with the provisions of this Act or if it is misleading in a material respect.

In determining whether any advertisement is false, deceptive or misleading, there shall be taken into account, among other things, not only representation made or any combination thereof, but also the extent to which the advertisement fails to reveal material facts in the lights of such representations, or materials with the respect to consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary as usual.


ARTICLE 112. Special Advertising Requirements for Food, Drug, Cosmetic, Device or Hazardous Substance –

a) No claim in the advertisement may be made which is not contained in the label or approved by the concerned department.

FDA definition of Food Supplements

• Food/Dietary Supplements shall mean a processed food product intended to supplement the diet that bears or contains one or more of the following dietary ingredient: vitamin, mineral, herb, or other botanical, amino acid, and dietary substance to increase the total daily intake in amounts conforming to the latest Philippine recommended energy and nutrient intakes or internationally agreed minimum daily requirements.

• It usually is in the form of capsules, tablets, liquids, gels, powders or pills and not represented for use as a conventional food or as the sole item of a meal or diet or replacement of drugs and medicines.

FDA directives (A.O. 2010-008)

• No person shall advertise, promote, or use in any sponsorship any food/dietary supplements unless such product is duly registered and approved by the FDA.


No claim shall be made in the advertisement, promotion and other marketing materials in the various media for use of any food/dietary supplements which is not contained in the label or approved by the FDA.

No person shall advertise, promote and use in any sponsorship any food/dietary supplement in any manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit, or safety.



• No person shall make use of any reference to any laboratory report of analysis in the advertisement, promotion and use in other marketing materials in the various media of any food/dietary supplement, unless such laboratory report is duly approved by the FDA for use for such advertisement, promotion and other marketing materials in the various media.


No advertisement, endorsement or promotion of any food/dietary supplements shall be made by any medical practitioner or health worker, nor shall any owner, manufacturer, importer distributor, advertiser and/or their agents, of Food/Dietary supplements sponsor any activity, seminar, conference, or study of any medical practitioner or health worker.

ASC Guidelines on Food Supplements

Advertisements of Food Supplements should not state or imply that the product alone can ensure or promote good health. Neither should advertisements state or imply that good health is likely to be endangered solely because people do not supplement their diet with food supplements.

ASC Guidelines on Food Supplements

• Advertisements should not be presented in such a manner that negates the message of “No Approved Therapeutic Claims”.

• The statement “No Approved Therapeutic Claims” should always be included in all advertising materials of Food Supplements.

ASC Guidelines on Pharma/Food Supplements

Only claims that are contained in the approved FDA packaging/label are allowed to be used in Pharma/Food/Dietary Supplement advertisements.

Advertisers/Ad Agencies must submit proof that the packaging/label is approved by the FDA.

The ASC shall continue to cooperate and assist in the implementation of CDOs issued by government

agencies on a voluntary basis.

– BFAD/FDA, DOH, DOA, DTI, MMDA, etc

FDA CDO’d claimsArthrid Herbal Supplements

Violation: R.A. 7394, Articles 40 (a & b), 85 , 110 and 112 (a, b & c) and B.C. 2007-002

“Sakit at pamamaga dulot ng arthritis.”

“May ginhawa sa Arthrid in 2 weeks.”

“nakatutulong laban sa lahat ng uri ng arthritis”

Rhemmatoid arthritis, Ostearthritis , Juvenile rheunadoidarthritis, Spondylitis, Lower back pain

“Pinapawi ang sakit”

“Binabawasan ang pamamaga”

“Pinasisigla ang mga damaged vessels”

“Pinabubuti ang paggalaw”

FDA CDO’d claimsPLASMIN HERBAL

SUPPLEMENT

“The natural blood clot dissolver”“Para iwas Blood Clot”“Iwas Stroke”“Iwas Heart Attack”

Violation: R.A. 7394, Articles 40 (a & b), 85 , 110 and 112 (a, b & c) and B.C. 2007-002

FDA CDO’d claimsPROSTAMEN HERBAL DIETARY

SUPPLEMENT

“7 out of 10 men over age 45 have Prostate Enlargement”

“Prostamen a natural formula that supports prostate health. It contains Saw Palmetto which helps relieve common symptoms of prostate enlargement: L-Arginine which helps in stimulating and maintaining erection; and Zinc which is needed for male fertility.”

“Dalawang kapsula lang araw-araw ay makakatulong na sa problemasa prostate enlargement”

Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c) and B.C. 2007-002

FDA CDO’d claimsHercs Herbal Food Supplement

Pellet

“Win the Battle Against Erectile Dysfunction”

“Restore vitality and increase sexual virility”

“Libido Enhancer, Energy Booster”

“Proven to enhance sexual drive and potency”

“stimulates the brain naturally release testosterone, which is known to produce pheromone – a natural substance that sends sex signals, which cause a positive change in a woman’s mood and behavior towards you because of your heightened sex appeal.”

“helps make sexual arousal more intense so you perform stronger and longer.”

Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c) and B.C. 2007-002

“44 na Karamdaman, 1 ang Lunas”

“xxx ang prutas ng punong Garciniamangostana ay malaki angmaitutulong sa mga sumusunod:

– Buong Katawan

– Pangkalahatang kalusugan at buti ng pakiramdam

– Pagkahapo (fatigue; maaaringmagpabusod ng lakas nangwalang stimulants)

– Di angkop na pagtanda (dahil safree radical exposure)

– Immune function – Tumutulong sa ibang vitamins at

antioxidants– Allergies (maaring umipekto bilang

anti-histamine)

• Heart ay Blood Vessels– Pagpigil sa atherosclerosis

(maaaring magpalusog ng mgablood vessels sa pamamagitanng pagpapababa ng free radical damage at inflammatory build-up)

– Proteksyon sa heart muscle– Pagpapababa ng cholesterol at

triglyceride levels– Alta presyon (maaring

magpababa ng high blood pressure)

FDA CDO’d claimsMX3 Food Supplement

Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c), Section 2 (b) and (c) of Article V of Book II of the IRR of RA 9711 and B.C. 2007-002

FDA CDO’d claims

MX3 Food Supplement

“Brain at Nerve health”

– Parkinson’s disease, Alzheimer’s disease, Inflammatory response samga nasirang neurons, Nerve damage”

“Gastrointestinal Health”

– Diarrhea, Gastroesphageal reflux disease, Ulcers, Crohn’s disease, Colitis, Irritable bowel syndrome

“Infections”

– Viruses, Bacteria, Fungi, Parasites, Lagnat (dala ng pamamaga at impeksyon)

“Diabetes”

– Elevated blood sugar levels

– Free radical damage

“Cancer”– DNA damage

“Vision”– Glaucoma/Cataracts

“Kidney and Urinary Tract Health”– Sakit sa bato– Impeksyon sa pantog

“Emotional Health”– Depresyon– Pagkabalisa

“Dental Health”– Sakit sa gilagid

“Women’s Health”– PMS/PMDD– Menstrual Pain

“Pulmonary Health”– Asthma– Influenza

Violation: R.A. 7394, Articles 40 (a & b), 85 (a), 110 and 112 (a, b & c), Section 2 (b) and (c) of Article V of Book II of the IRR of RA 9711 and B.C. 2007-002

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www.asc.com.ph

THANK YOU .