The Consumer Council is joining resources with consumer affairs agencies in 34 countries in a worldwide sweep of the Internet for potentially misleading health claims and miracle cures.
The global search for websites of products that make such advertising claims is held today (September 10) in support of the International Internet Sweep Day 1998.
Hong Kong is participating, for the first time, in this international sweep day undertaken by the International Marketing Supervision Network (IMSN) and co-ordinated by Australian Competition and Consumer Commission (ACCC).
The sweep involves "surfing" the Internet for advertising claims concerning the treatment or prevention of serious diseases, such as heart disease, cancer, HIV/AIDS, diabetes, arthritis and multiple sclerosis.
Once suspicious sites are identified, the operators of those sites will be sent an educational email message outlining the fact that the activities they appear to offer may be regulated in some territories and referring them to the appropriate organisations for more information on how to comply with the legislation applicable in these jurisdictions.
In the email message, the website operators are reminded that "it is not necessarily only the law of the country in which you reside that will apply to you".
"Many countries prohibit the mere offering of these sorts of activities. As the Internet allows your activities to be offered to consumers worldwide, then you need to ensure that you are not in breach of legislation in countries other than your own," it urged.
In Hong Kong, the relevant legislation is the Undesirable Medical Advertisements Ordinance.
The theme of this year's international sweep day - on health claims and miracle cures - is an issue of growing concern for the Council. In a recent survey on health foods, health devices and Chinese medicines, the Council has uncovered widespread non-compliance of the Ordinance.
The concern is not just the tens of millions of consumer dollars that might have been wasted on unproven, fraudulently marketed, and sometimes useless healthcare products and treatments, it is the delay in receiving proper medical treatment that may cause serious harm and endanger lives.
In the 1998 International Internet Sweep Day, participating organisations will focus on advertisements :
- containing claims for one of the six serious diseases - heart disease, cancer, HIV/AIDS, diabetes, arthritis and multiple sclerosis; and
- claiming that the product or treatment is safe and/or effective in curing, treating, mitigating, ameliorating, improving or preventing the health condition.
In other words, participating organisations are interested in advertisements and promotional materials marketing healthcare products or treatments that make any representation (either expressly or by implication) about the efficacy, performance, benefits, success, or safety of any treatment or preventative measure for any one of these six diseases.
Participating organisations do not need to evaluate whether the claims are or can be supported by reliable scientific evidence, or whether the claims may be illegal under relevant legislation. The idea is to just identify that the site makes a health claim, or offers a miracle cure.
The next step in the sweep exercise is the "Follow-up Sweep Day", in about a month to determine the impact of the sweep. Participants will revisit those sites they identify and send messages to as part of the sweep exercise. They will take note whether the site has been amended or removed as a result, and then forward the details to the ACCC for collation.