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Karl Schembri
On television, he makes it sound like a miracle cure – instant relief from rheumatism, arthritis, sciatica, leg cramps, sports injuries, infections – all from a Lm20 bottle of blue jelly. For the Department of Public Health, however, ‘Blue Pain Relief’ is just one of those products making unauthorised health claims that have to be banned from TV commercials.
The ‘wonder’ gel is not certified as a medicinal by the health authorities.
The decision to ban the adverts was taken a month ago and circulated to all TV and radio stations through the Broadcasting Authority after months of unfettered advertising featuring the famous importer himself, Syrian national Nidal Binni, promoting the so-called ‘Made in America’ products.
Referring to commercials promoting Blue Pain Relief and three other creams which allegedly cure psoriasis, eczema and haemorrhoids, the public health department warned the broadcasting authority that these were making unauthorised “health claims” and therefore could not be broadcast.
Acting on the department’s information, BA Chief Executive Kevin Aquilina sent a letter to all broadcasting stations on 16 March to stop the commercials.
“Please ensure that the products of ‘Made in America’ are not advertised until the necessary authorisation is obtained from the Department of Public Health,” he wrote.
An official at the public health department confirmed the ban.
“Those commercials were making health claims without a permit so we had to stop them,” the official told MaltaToday, adding that the ban does not apply to other Made in America products which are marketed for cosmetic uses.
The official said such products require independent scientific testing before its importers can make any claims related to medical cures.
The products remain on the market, but cannot be advertised as medicinal products unless they are certified as such by the Medicines Authority and given marketing authorisation.
“Our actions are intended to protect lay people who, faced with pains and illnesses, can easily make gullible customers,” the official said. “They should always seek their doctor’s advice before buying such products, also to determine the exact nature of their pain.”
Monopoly on people’s health
Binni, who is still marketing Blue Pain Relief on his website (www.madeinamericatvshoppingshow.com) using the same contentious language, claims the authorities “want to keep a monopoly on people’s health by stopping natural cures”.
“The medical effects of emu oil have been proven by eight university studies abroad. I appeal to the authorities to test the effectiveness of these products, in the interest of people’s health,” he said when contacted by MaltaToday. “I’m ready to invest in the production of these medicinal products here if the authorities give me the go-ahead, but I need their answers. I won’t comment any further at this stage.”
Blue Pain Relief is made of natural oil produced by an ostrich-like animal from Australia called emu, mixed with aloe vera and another organic anti-pain substance called MSM.
The US Food and Drug Administration (FDA) took a similar stand to that taken by Maltese authorities when it decided that emu oil products marketed to treat or cure a wide range of diseases was not an approved drug, with no data submitted by its promoters to support its safe and effective use. For this reason, it is illegal to make health claims when marketing these products, although regulation in the age of internet shopping remains elusive.
One particular cream advertised on Binni’s website is claimed to “help smooth the scaling of rough skin and add needed tissue nutrients via the Emu oil.” The message goes on to add: “Customers have told us this product works great for their psoriasis, eczema, age spots and other skin problems.”
Binni is now awaiting the public health department’s go-ahead to market his products for cosmetic use, rather than for their alleged medical value. He has submitted a draft TV commercial to the department in which he markets his products using different wording, apparently dropping any health claims which led to the ban.
The health department official said the commercial is being vetted and the ban will remain until a decision is taken.
The authorities themselves admit this is a tricky issue that has to be dealt with cautiously. A special “borderline committee” made up of representatives from the health authorities, Food Safety Commission, Malta Standards Authority, the Market Surveillance Directorate and other government entities has the job of classifying contentious products in their respective categories (medicinal, cosmetic, biocide, dietary and food supplements, or medical devices) in line with EU directives and Maltese laws. The committee also decides whether such products are to be sold in pharmacies or as general retail.
karl@newsworksltd.com
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