§ 184 — Offences involving non-compliant advertising

184.—(1) A person commits an offence if —

(a)

the person publishes, or causes or authorises to be published, in Singapore any advertisement about a food or a regulated food contact article;

(b)

the advertisement contains any content that —(i)

contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or

(ii)

is or contains a false description of the food, or is false as to the suitability of the regulated food contact article; and

(c)

the advertising of the advertisement is Singapore‑linked.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the advertisement about a food or a regulated food contact article contains any content that —

(a)

contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or

(b)

is or contains a false description of the food, or is false as to the suitability of the regulated food contact article.

(4) Without limiting subsection (1)(b)(i), an advertisement containing any content that is any of the following, is to be treated as contravening any requirement of the relevant advertising regulations that is applicable to a food or a regulated food contact article:

(a)

content that is prohibited by a relevant advertising regulation applicable to the food or regulated food contact article from being made in an advertisement in relation to, or being marked or attached to, the food or regulated food contact article;

(b)

content that expressly or impliedly qualifies, or is contrary to, content required by a relevant advertising regulation to be made in relation to, or to be marked or attached to the food or regulated food contact article;

(c)

content that fails to include content required by a relevant advertising regulation to be made in an advertisement relating to the food or regulated food contact article.

(5) In proceedings for an offence under subsection (1)(b)(ii), an advertisement is taken to be false or to contain a false description of the food or to be false as to the suitability of the regulated food contact article, unless evidence is adduced by the accused to the contrary.

(6) To avoid doubt, subsection (5) does not —

(a)

have the effect that, merely because such evidence to the contrary is adduced, the advertisement is not false as to the relevant matter in subsection (1)(b)(ii); or

(b)

have the effect of placing on any person the onus of proving that the advertisement is not false as to the relevant matter in subsection (1)(b)(ii).

—(1) A person commits an offence if —

(a)

the person publishes, or causes or authorises to be published, in Singapore any advertisement about a food or a regulated food contact article;

(b)

the advertisement contains any content that —(i)

contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or

(ii)

is or contains a false description of the food, or is false as to the suitability of the regulated food contact article; and

(c)

the advertising of the advertisement is Singapore‑linked.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(3) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that a person charged knew or had reason to believe that the advertisement about a food or a regulated food contact article contains any content that —

(a)

contravenes any requirement of the relevant advertising regulations that are applicable to the food or regulated food contact article; or

(b)

is or contains a false description of the food, or is false as to the suitability of the regulated food contact article.

(4) Without limiting subsection (1)(b)(i), an advertisement containing any content that is any of the following, is to be treated as contravening any requirement of the relevant advertising regulations that is applicable to a food or a regulated food contact article:

(a)

content that is prohibited by a relevant advertising regulation applicable to the food or regulated food contact article from being made in an advertisement in relation to, or being marked or attached to, the food or regulated food contact article;

(b)

content that expressly or impliedly qualifies, or is contrary to, content required by a relevant advertising regulation to be made in relation to, or to be marked or attached to the food or regulated food contact article;

(c)

content that fails to include content required by a relevant advertising regulation to be made in an advertisement relating to the food or regulated food contact article.

(5) In proceedings for an offence under subsection (1)(b)(ii), an advertisement is taken to be false or to contain a false description of the food or to be false as to the suitability of the regulated food contact article, unless evidence is adduced by the accused to the contrary.

(6) To avoid doubt, subsection (5) does not —

(a)

have the effect that, merely because such evidence to the contrary is adduced, the advertisement is not false as to the relevant matter in subsection (1)(b)(ii); or

(b)

have the effect of placing on any person the onus of proving that the advertisement is not false as to the relevant matter in subsection (1)(b)(ii).