s 49 Scope of this Part
49.—(1) Subject to the following provisions of this section, in this Part “advertisement” includes every form of advertising, whether in a publication, or by the display of any notice or signboard, or by means of any catalogue, price list, letter (whether circular or addressed to a particular person) or other documents, or by words inscribed on any article, or by the exhibition of a photograph or a cinematograph film, or by way of sound recording, sound broadcasting or television, or in any other way, and any reference to the issue of an advertisement is to be construed accordingly. (2) Despite subsection (1), in this Part “advertisement” does not include spoken words except —(a) words forming part of a sound recording or embodied in a soundtrack associated with a cinematograph film; and (b) words broadcast by way of sound broadcasting or television or transmitted to subscribers to a diffusion service. (3) Except as provided by section 52, for the purposes of this Part neither of the following is to be taken to constitute the issue of an advertisement:(a) the sale or supply of a medicinal product in a labelled container or package; (b) the supply, with a medicinal product of any description, of a leaflet relating solely to medicinal products of that description. (4) In this Part —“medical advertisement” means an advertisement relating or likely to cause any person to believe that it relates to any medicinal product or any device, instrument, apparatus or contrivance used or represented to be used for a medicinal purpose; “representation” means any statement or undertaking (whether constituting a condition or a warranty or not) which consists of spoken words other than words falling within subsection (2)(a) or (b), and any reference to making a representation is to be construed accordingly.