WITH health products and natural medicines having been able to trade for so long without the guiding hand of a regulatory structure, the HPASA set up its own industry watchdog-cum-advisory body in mid-2006.This small, proactive group, known as the Self Monitoring Technical Committee (SMTC), was drawn from among the Association's EXCO members. Denise Maidment of Solgar was in the chair, and the team consisted of Andrew Butler, Mathano Mashiane and Celecia Roos with Deirdre Allen as secretary. The SMTC also had access to technical experts who could be drawn on when needed as well as laboratories that could be used for assays.
HPASA Chairman, Dr Alan Tomlinson, said at the launch of the self-monitoring initiative that it was not intended as a witch-hunt. "Until the new regulations and guidelines are in place, it is our aim to maintain and enhance the credibility of the industry on a voluntary basis so that consumers will know our products are safe and above board."
It was felt by the HPASA that the absence of regulations created loopholes for a handful of industry ‘cowboys' to make unsubstantiated claims for their products. Not only was this a disservice to the public but it reflected badly on the health products industry as a whole.
In October 2009, the Self-Monitoring Technical Committee updated its modus operandi and amended its name accordingly. Now operating as the Self-Monitoring Advisory Committee (SMAC), the body aims to guide member companies with regards to the general advertising practices of CAMS and to ensure that they have the correct information relating to advertising issues.
"We decided on the change as we operate more in an advisory capacity as opposed to wielding a big stick," explains Chairlady Denise Maidment.
Processing complaints
The Committee meets on a regular basis to process complaints from the market place and give advice on advertising and promotional material. Products are evaluated according to substances, indications and claims but not efficacy or quality issues. To date, complaints have ranged from the simple, such as a medicinal claim for a nutritional supplement (which is irresponsible advertising and can be corrected by changing a few words on labels and adverts) to more complex issues such as new substances on the market that have not yet been tested for safety and validity.
Strict procedures are applied to complaints, regardless of whether they come from within the HPASA membership or a non-member company questioning claims and statements on labels and adverts as well as concern about substances. When it comes to substances, the SMAC refers to the lists already developed by the Broad Based Reference Groups acting under the authority of the Complementary Medicines Council of the MCC.
The SMAC still intends to scour advertising mediums such as print, radio and television for advertising contraventions and interact with companies that may be overstepping the rules and regulations.
"But we now offer added value," promises Maidment. "We will provide constructive advice to new HPA members as well as give insight into the guidelines necessary for introducing new products into the market. It's important to us that we make this information available so as to get everybody on the same page. Thus far we've had magnificent responses from companies who've had to make changes to advertising or labeling. We've noticed a lot of people being proactive and coming to us before they commit anything to print. Ultimately, that was what we wanted."
Expert Opinion
Maidment says that if a complaint goes beyond their mandate, they refer it for expert opinion. If there is non-compliance with the committee's counsel, they could pass the matter on to agencies such as the Advertising Standards Authority, Medicines Regulatory Authority and law enforcement bodies, all of which have given their full support to the self-monitoring drive.
The committee reports that generally, there has been a great deal of co-operation from companies that were investigated. They noticed that most problems stem from ignorance and that people want to comply but do not always know how to do so. One of the sticking points they have encountered has to do with companies who believe the claims they're making for products do have substantiating evidence. But such benefits cannot be applied to unregistered medicines.
There are some disease states that one cannot make claims for - like cancer and AIDS. Even a condition like arthritis, although not life-threatening, cannot be specified. The SMAC points out that one has to use descriptions such as ‘relief for joint pain and mobility'.
Maidment says some companies seem nervous that, if they do not link products to specific medical conditions, they will lose sales. "But I think that ‘looser phrasing' could actually help them reach more people, and we can help with that," she explains.
The SMAC is currently dealing with a few difficult issues, but the majority of requests submitted thus far relate to advice on working within correct and legal parameters. This committee will remain in operation until the new regulations and guidelines are in place.