ADVOKS GLOBAL · KENYA
Pharmacy and Poisons Act
37. Prohibition of advertisements as to certain diseases, etc.
Edition: 2023-12-11 · In force
37. Prohibition of advertisements as to certain diseases, etc.
(1)Subject to the provisions of this Act, no person shall take part in the publication of an advertisement referring to a drug, appliance or article of any description in terms which are calculated to imply that such drugs, appliances or articles may be effective for any of the purposes specified in the Schedule to this Act.(2)In any proceedings for contravention of the foregoing provisions of this section, it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was published only so far as was reasonably necessary to bring it to the notice of one or more persons of the following classes—(a)members of the National Assembly;(b)members of the governing body of a voluntary hospital;(c)duly qualified medical practitioners, dentists and veterinary surgeons;(d)registered pharmacists, authorized sellers of poisons and licensed wholesale dealers;(e)persons carrying on a business which includes the sale or supply of surgical appliances,or that the said advertisement was so published in connection with an application for a patent submitted to the appropriate authority so far only as was requisite for the purpose of the application.(3)The Cabinet Secretary may from time to time, by notice in the Gazette, amend or vary the Schedule to this Act.