Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

Date when the measure came into force

01 May 1957 

Publication where the measure is specified

Act No: CAP. 244 Act Title: PHARMACY AND POISONS , subsidiary legislation 

Regulation where the measure is specified

the Pharmacy and Poisons Act of 1957 

Country/Region applying the measure

Kenya 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

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.
38. Prohibition of advertisements as to abortion
Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug, appliance or article of any description, in terms which are calculated to lead to the use of such drugs, appliance or article for procuring the miscarriage of women.
39. Prohibition of misleading advertisements
Subject to the provisions of this Act, no person shall take any part in the publications of any advertisement referring to a drug, medicine, medical appliance or similar article in terms which in the opinion of the Board are considered to be extravagant and to bear little or no relation to the pharmacological properties and action of the ingredients or components thereof. 

Reference of the measure

Part IV para 37,38 & 39 

Measure also domestic

Yes 

Products affected by the measure.

Description

Medical appliance 

Countries/Regions affected by the measure.

Description

All countries