Six categories of prohibited advertisement apply to any goods, including medical devices
- Statement
Myanmar's Consumer Protection Law 2019 prohibits an entrepreneur from publishing any of six categories of advertisement: fraudulent advertisements about the quality, quantity, ingredients, mode of use, price, rate of service or time needed to deliver the goods or services; fraudulent advertisements about the warranty of goods or services; advertisements containing false information about goods or services; advertisements that are not informative about the risk of using the goods or services; advertisements using any person or event without that person's permission; and advertisements inconsistent with existing laws or ethics. The prohibition is a general one addressed to entrepreneurs in respect of 'goods or services'; a medical device is 'goods' within the Law's definition ('objects that are purchased, used or consumed aiming at a consumer or other persons'). No device-specific advertising instrument, pre-approval requirement or advertising code issued by the Department of Food and Drug Administration was located, so these general prohibitions are the advertising rules that apply to a medical device in Myanmar.
- Prohibited Advertisement Categories
quality/quantity/ingredients/mode of use/price/rate of service/delivery time misrepresentation; warranty misrepresentation; false information; failure to inform about the risk of use; use of a person or event without permission; inconsistency with existing laws or ethics
- Applies To
goods or services; a medical device is 'goods' under s. 2(d)
- Sanction
offence under s. 70 (Chapter XXIV, Offences and Penalties)
- General consumer-protection law, not a device instrument: the Law is administered through the Ministry of Commerce and the Myanmar Consumer Protection Commission, not through the Department of Food and Drug Administration.
- The negative limb — that no FDA device-specific advertising approval exists — rests on the absence of any reachable instrument; the FDA's own website (fda.gov.mm) was unreachable by every transport available (see the D24 and D25 unresolved notes).
Verbatim, s. 63: 'No entrepreneur shall advertise the following types of advertisement: (a) the fraudulent advertisements related to the quality, quantity, ingredients, mode of use, price, rate of service and time needed to deliver the goods or services; (b) the fraudulent advertisements related to the warranty of goods or services; (c) the advertisements including the false information in respect of goods or services; (d) the advertisements that are not informative about the risk of using the goods or services; (e) the advertisements using any person or event without the permission of the person concerned; (f) the advertisements which are in consistent with the existing laws or ethics.' Verbatim, s. 2(d): 'Goods means objects that are purchased, used or consumed aiming at a consumer or other persons. In this expression, the financial negotiable instruments, stocks and shares, debentures and money, etc. are also included;'. Verbatim, s. 70(a): 'Any entrepreneur who violates any prohibition contained in section 63 and 64 shall, on conviction, be punished with ...'. The Law is in English as published; the Burmese original is at the Myanmar National Trade Portal.

