Here's why slimming product ads will now need the approval from the Ministry of Health (2025)

As most of us already know that besides good food, Malaysia is also well known for having one of the highest obesity rates in the world. It is also human nature to look for shortcuts –which is why, a lot people resort toslimming pills and products to lose weightwithin a short and unbelievable spanof time.

Right now, there are so many different local health products in the market, particularlyslimming products that are being advertised all over Facebook and Instagram. Most of the time, the quality of these products are questionable.

Here’s a little backstory to help you understand the severity of thissituation better...

Sometime in 2007, a Malaysian woman died due to kidney and heart problems after consuming slimming pills for approximately 5 months. Her death caused several bodies to put a stop to this billion dollar industry,which isgrowing rapidly in Malaysia. There are certain parties that have been working hard to ensure these hazardous slimming products are regulated properly across the country.

Last week, our writers from ASKLEGAL were invited by theCommunications and Multimedia Content Forum of Malaysia(CMCF)to conduct an interview with theirExecutive Director, Mohd Mustaffa Fazil Mohd Abdan. He gave some valuable insightonthe key amendments that were being madeto the Content Code this year.

Now, before you start panicking about this “new” Code, let’s take a look at something first...

What isCMCF and the Content Code?

Here’s a brief overview –CMCF isa body set up underSection 213(2) of theCommunications and Multimedia Act 1998(CMA). Itsmembership comprises of industry players such asInternet Service Providers, advertisers, and content creators. Some of you might confuse CMCF with theMalaysian Communications and Multimedia Commission(MCMC).

Which is why it’s worthwhile to note that they’re both completely separate bodies that work hand in hand to regulate content that Malaysians create and share across electronic mediumssuch as social media, TV, radios and other online platforms.

So, one ofCMCF’s major functions is to come up with theContent Code (which was created in 2004), toprovidecertain guidelines, standards, and practices for industry players to follow.

As we all know, the internet is constantly growing and changing. In order to evolve with the current trends and technology, the Content Codeneeds to be amendedto suit the needs of Malaysians. There are actually 4 major amendments that are being made in the Code (we’ll explain the other 3 in brief later)but in this article, we’ll be focusing on advertisingslimming products in Malaysia and how the Content Code is being amended to regulate this.

So how exactly is the Content Code going to do this?

Slimming pillsneed to be medically approved before they can be advertised

To make this easier, let’s categorize slimming products based on how they work. There are two types of categories forslimming products:

• Slimming products thatcan be ingested:Pills, herbal teas &liquid/powderformulas.
• Slimming products that are offered as services:Laser treatments, massages, heat induced treatments

TheContent Codehighlights the first category, which isthe ingestion of slimming products.The second category which encompasses slimming services are regulated differently, and have separatelicensing regulationsexpressed by the Medicine Advertisements Board (MAB).

However,this isn’t the same for advertisements of slimming products that are consumedbecausemost of the time, they are soldonline on Facebook and Instagram by local vendors/agents.

And in most cases, some of these products may not even haveproper permits and can be injurious to health.The last thing you want is to end up having serious health issues which caneven lead to deathdue to the consumption of these products. Therefore, to prevent more people from falling into this “loseweight in 30 days” trap, the bestway to go about is by regulating the Code to ensure all slimming ads that require ingestion will now need to be permitted by the Medicines Advertisements Board.

So, how exactly does the Content Code apply here?

How dothe regulations work?

Perhaps the amendment will be understood best if we looked at the unamended version first, which is stated under Part 4.0 of the Specific Guidelines (xviii)(q):

“Advertisements for products or services coming within the recognised character of, or specifically concerned with the following are not acceptable:

(q) Slimming products, whether it is used orally or physical application.”

The proposed amendment in the Content Code is still stated under the same para in the Codebut...has an added extension to it:

“Advertisements for products or services coming within the recognized character of, or specifically concerned with the following are not acceptable…

(q) Slimming products/whether it is used orally or physical application unless approved by the Medicine Advertisements Board, Ministry of Health Malaysia (K.K.L.I.U.) ...”

Basically, the amendmentin the Code providesthat any advertisement for slimming products will now have to be validatedby the MalaysianMedicine Advertisements Board(MAB) before being advertised by any party. Online business advertisers who sell health products, particularly slimming products will now have to apply for the KKLIU from the MAB, and medicines need tobe certified with the “MAL” registration number before being advertised.

Here’s an example of what you need to look out for before consuming any type of medication:

Now, let’s just say you’re scrolling through your Facebook feed, andyou come across an advertisement that does not comply with the Content Code and the MAB.You can actuallymake a complaintdirectly toCMCF on their site to inform them about the illegal advertisement being circulated on the internet.

If anadvertisement does not comply with the regulations of the Content Code, the seller/advertising agent can be punished under Para 8.1of the Content Code which carries afine up to RM50,000.00, a writtena formal reproval and/or removal ofthe illegal advertisement posted on theaccount.

But let’s just say you **occasionally buy slimming/beauty products from anInstagram page, does the Code state any penalties that will affect you?

You decide what’s best for you

The main reason behind the amendment of the Content Code, particularly for slimming products is to boost consumer confidence. Once the advertiser of any slimming/health product gets the relevant permit, followsthe guidelines set by the Medicine Advertiser’s Board and complieswith the Content Code, the product will be considered legal and safe to be bought and consumed.

TheContent Code actually emphasizesless on legal sanctions/punishment and more on disciplinary actionbecause it focuses a lot on self-regulation instead. For instance, we are normallyurged to do our own research before sharing fake news on Whatsapp or WeChat. This is because, at the end of the day, we have the power to decide if something is worth sharing or not.

[READ MORE:Is there freedom of speech in Malaysia if you can get arrested for Facebook posts?]

So, if you were to see an ad on Instagram abouta slimming pill that assures you that you will lose weight in 3 days –and on the other side you know someonewho hits the gym regularlyfor 2 years until he/she could seeresults, which one makes the most sense to you?

Well, the law cannot regulate common sense. And generally, we should all be able to rationalize between something that sounds too good to be true and something that seems realistic. The Content Code just acts as a guideline, and a starting point to self-regulation among Malaysians.

Perhaps this was best explained by Mr Mustaffa himself during the interview:

“Consumers must take, or learn to take greater responsibility for your own product purchasing decisions, for your own good. This is the start of fostering good, personal self-regulationpractices” –Mohd. MustaffaFazil Mohd Abdan, Executive Director.

Now, some of you mightfeelthatthere’smore thatcan be done to improve the Content Code and that the changes made isn’t enough...

You can add your own 2 cents

CMCF wants to hear from the members of the public on how they can further improve on the amendments that are being made to the Content Code. This does not just apply toadvertisements on slimming products, but there are also 3 other issues that are addressed in the amendments as well.

As we mentioned earlier in the article, there are4 main amendments (including the advertisements on slimming products) which are subject to amendmentin the Code, like:

1. How the Malaysian Film Censorship Boardclassifiescontent. – The current classifications are18+, PG13 and so on...
2. Allowingpublic and private TVbroadcasters to schedule classified programmes at relevant timings. –Eg: 18+ movies scheduled after 11pm.
3. Increasing privacy requirements via the Malaysian Personal Data Protection Act 2010.
4. Advertising slimming products and services with the approval of the Ministry of Health. –which was discussed in this article.

Most of the time, we complain or comment on a new law or regulation once it has been passed and is set to apply. This is a rare opportunity as the public now has thechance to give suggestions for the amendments being made to the Code. And as consumers, it’s probably safe to say that we know best on what we need and what we don’t.

Now you can be part of thisby simply visiting CMCF’s site and participatingin the Content Code Public Consultation Exercise. Thisexercise is done to gather as muchinput from Malaysians on how they want to improve their experience on electronic medium and the internet.

The due date to send your suggestions is on the 14^thJuly 2019!So, here’s the link to help you get started!