Only products registered with BoMRA may be advertised, under an advertising control whose scope expressly includes medical devices
BoMRA's Guideline on Advertisement and Promotion of Medical Products (BOMRA/PCT/PMS/P02/G01 Iss 2, effective 15-08-2020) states in its scope that it provides guidance on the requirements for the advertising and promotion of 'medical products including medicines, complementary medicines, medical devices, cosmetics, and veterinary medicines in Botswana', and within it the clause 'Products Allowed To Be Advertised' provides that only products that are registered with BoMRA can be advertised. Advertising or promoting an unregistered medical device in Botswana is therefore outside what that advertising control permits. The guideline records the legal basis of the control as s. 46(1)-(4) of the Medicines and Related Substances Act 2013 and Regulation 53 of the Medicines and Related Substances Regulations; its definition of 'Related substance' includes medical devices, and its definition of 'Product' reaches 'related substances'.
- Device coverage rests on the guideline's own text: s. 2.1 names medical devices in the scope, and s. 3.1.5 defines 'Related substance' to include medical devices (which s. 3.1.14 'Product' incorporates).
- The guideline is an in-force guidance document at Iss 2 (effective 15-08-2020). The Medicines and Related Substances Act, 2025 (assented 24.12.2025), which would carry the advertising control in its Part XVI (s. 83), records 'Date of commencement: ON NOTICE' and so is not in force today; the 2013 Act and this guideline remain operative.
- The draft Medicines and Related Substances (Fees, Levies and Penalties) Regulations, 2026 would introduce advertising-related fees, but they are not in force; the fees in force are those in the guideline's s. 4.10 under the MRS Regulations 2019.
- 'Medical representative' is defined in MRSA 2013 s. 2 as a person who promotes, markets or advertises medicines (carried over from the earlier session's reading of the Act).
Effective from 2020-08-15
What is verified now that the earlier session could not: the earlier session could quote only an OCR pass over the Act and searched only BOMRA's device-specific guidelines for an advertising rule, which is why the row ended source-backed-partial. The advertising control is not in the device guidelines at all - it is a cross-cutting Pharmacovigilance guideline, BOMRA/PCT/PMS/P02/G01 Iss 2, which is text-extractable, in force, and names medical devices in its own scope; its registration gate for advertising is quoted verbatim below. The earlier session's positive finding is preserved: the statutory prohibition in MRSA 2013 s. 23(1)(a)-(h) ('No person shall - ... (f) promote; (g) advertise; ... any medicine or cosmetic, unless the medicine or cosmetic is registered by the Authority') remains the primary prohibition, but it is not quoted here because BoMRA's posted copy of the Act is an image-only scan (36 pages, Konica Minolta KM_C224e capture, no embedded fonts) and OCR is not authorised for this corpus - so the readable, device-inclusive guideline is cited instead and the statutory text is recorded in this note only. The earlier absence finding - that BOMRA's device-specific guidelines (registration, labelling, exemption, retention, grouping, clinical evaluation, essential principles) contain no advertising or promotional-material approval clause - still holds and was re-checked for BOMRA/ER/MED/P04/G01 and G03 (zero occurrences of 'advert'/'promot' in either); it is superseded only in the sense that the approval requirement exists elsewhere, and is filed as the separate fact 'advertising.promotional-material-approval-required-with-per-product-fee'. The stale tail of this fact's key ('...-but-no-device-specific-advertising-approval-was-found') is retained only because the importer preserves the existing key; it is corrected by that new fact. Source language is English; passage quoted verbatim below, with '[...]' marking each point at which the PDF's diagonal 'Uncontrolled if printed or downloaded' watermark and the running header interleave characters into the extracted text layer (the extraction prints, in order, '2.1 / p The document provides guidance ... medical devices, 2.2 cosmetics, and veterinary medicines in Botswana.' and '4.1.3 Products Allowed To Be Advertised ir n p a) Only products that are registered with Botswana Medicines Regulatory Authority / (BOMRA) can be advertised.'). Every word between the markers is a contiguous run of that layer; only the interleaved watermark and header characters are elided, and no word of the guideline is changed.

