FOR IMMEDIATE RELEASE
12th April 2024
We are beginning Legal Actions against HSA.
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To:
Dr Choong May Ling Mimi
Chief Executive Officer
Health Sciences Authority (HSA)
11 Biopolis Way, #11-01 Helios
Singapore 138667
12 April 2024
Dear Dr Choong,
Pre-Action (of Judicial Review) Letter Regarding Lack of Enforcement Action Against Pfizer
I am writing to you on behalf of concerned citizens and residents of Singapore, regarding what we believe to be a failure by the Health Sciences Authority (HSA) to take appropriate enforcement action on Pfizer in response to Pfizer’s breaches of the Health Products (Advertisement of Specified Health Products) Regulations 2016. Legally, this document is a regulation issued under the Health Products Act (Chapter 122D) of the Republic of Singapore.
Pfizer did an event at Suntec City on 1st March 2024 - 3rd March 2024, entitled as “Project Vax”. During the event, numerous celebrities were there to promote the event. In so doing, Pfizer has contravened the following clause in Health Products (Advertisement of Specified Health Products) Regulations 2016;
‘4. An advertisement of a specified health product must not —
(n) contain, or give the impression of, any endorsement or recommendation of the specified health product by —
(i) any healthcare professional; or
(ii) any person who, because of the person’s celebrity, social or professional status, is likely to encourage the use of the specified health product.’ & under the following clause in the EXPLANATORY GUIDANCE TO THE HEALTH PRODUCTS (ADVERTISEMENT OF SPECIFIED HEALTH PRODUCTS) REGULATIONS 2016;
‘2.4.9 Recommendations and endorsements - You must not include any recommendation by any healthcare professional; or any person who, because of the person’s celebrity, social or professional status, is likely to encourage the use of the TP, in your advertisement.
In this instance, "recommendations" can include testimonials, support and endorsements which would include, but is not limited to any compliment, accolade or positive assessment.
"Celebrity" includes persons of all fields, not limited to media, sports, politics, and culinary personalities with or without identifying the celebrity in the advertisements. It will also include persons of social or professional status such as influencers / key opinion leaders whose testimonials or support is likely to encourage the use of the TP.’
In light of these stringent regulations, it becomes imperative for advertisers and marketing professionals to approach the promotion of specified health products with utmost caution. This means that even if the advertisement does not directly mention specific brand names or pharmaceutical products, implying general support or endorsement for a category—such as vaccinations—can still fall under these restrictions. Therefore, when discussing health products in a way that could be interpreted as promotional, it is critical to avoid any language or imagery that could be construed as an endorsement by celebrities or professionals, regardless of whether their specific identities are disclosed.
Despite this, it appears that no significant regulatory action has been taken by HSA to address these violations, which we believe may have implications for public health and safety.
The purpose of this letter is to:
1. Highlight the specific areas of concern regarding Pfizer's activities that we believe contravene the established guidelines
2. Demand that HSA undertake a thorough review of these activities and provide a detailed explanation of the regulatory considerations that have encouraged your agency’s apparent decision not to act.
3. Seek assurance that appropriate enforcement action will be taken against Pfizer if these activities are found to be in violation of the regulations.
4. We believe that prompt and decisive action in this matter is in the public interest, ensuring that the regulatory framework governing the advertisement of health products is upheld and that public health is adequately protected.
In the absence of satisfactory action from HSA, we are prepared to consider seeking a judicial review of your agency’s inaction in this matter. We hope that such measures will not be necessary and that a resolution can be reached through your prompt review and response to the concerns outlined in this letter.
We demand a response by 26th April 2024 to healingthedivide@protonmail.com, detailing the actions HSA intends to take regarding this matter. Your cooperation and attention to this urgent issue are greatly appreciated.
Thank you for your consideration.
Sincerely,
Iris Koh
Ng Kai Hoe Raymond
Sim Peng Soon
Ethel Wong
Lee Guat Peng, Amy
Alvin Koh Ming Chuen
And many more.
(The final list of litigants will be updated if we have to file the Judicial Review against HSA)
Attached is the list of 882 people who signed our Petition: Demand for Regulatory Action and Transparency from HSA on Pfizer's Public Promotions.
Annex:
1. Pre Event Social Media Promotion from Choo Hou Ren and other celebrities on Instagram. Not limited to:
https://www.instagram.com/p/C3Xd_U5RB71/?img_index=1
https://www.instagram.com/p/C3XX3c-PXa-/?igsh=OWllaHZrY2RtdWQ5
https://www.instagram.com/p/C3_2iuNSUyA/?igsh=eGFnZW5jZnhub2Nr
Use #projectvaxsg in Instagram to find the rest of the 25 posts
2. Celebrities Present on 1st March Evening during Project Vax Day 1:
https://twitter.com/IrisKohHTD/status/1763519797244105082
Include but not limited to: Zoe Tay, Zheng Hui Yu, Desmond Chow, Xiang Yun, Choo Hou Ren, etc.
3. Website that was being promoted during the Roadshow:
https://www.knowpneumonia.sg/covid-convos#tab-convos
4. Health Products Act
https://sso.agc.gov.sg/Act/HPA2007
5. EXPLANATORY GUIDANCE TO THE HEALTH PRODUCTS (ADVERTISEMENT OF SPECIFIED HEALTH PRODUCTS) REGULATIONS 2016;
chrome-extension://mhnlakgilnojmhinhkckjpncpbhabphi/pages/pdf/web/viewer.html?file=https%3A%2F%2Fwww.hsa.gov.sg%2Fdocs%2Fdefault-source%2Fhprg-vcb%2Fmedical-advertisements-sales-promotion%2Ftp-advert-guidance_21-aug-2023.pdf
6. Medicines Act
Medicines (Medical Advertisements) Regulations
https://sso.agc.gov.sg/SL/MA1975-RG2?DocDate=20000131#pr1-
To support our lawsuit, go to: https://www.healingthedivide.cc
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