Persuant to Health Canada (HC) Policy Advertising Standards Canada and the Therapeutic Product’s Programme’s Roles and Consultation Related to Advertising Review and Complaint Adjudication, a consumer, competitor, health professional or any other organization or person concerned with health-related matters, may file a complaint with ASC Clearance Services about a consumer-directed advertisement for a natural health product or a nonprescription drug as seen, read or heard in a Canadian advertising medium1. The complaint should be based on an alleged violation of the Food and Drugs Act, Regulations, Natural Health Products Regulations or other relevant HC or ASC policies and guidelines. Procedure Summary: 1. The complainant sends a written complaint to ASC’s Clearance Services, together with a copy of the advertisement in question. In the case of complaints from competitors, health professionals or organizations, the written complaint must be signed by the health professional or by the CEO or a senior officer of the entity lodging the complaint. All other complaints must be personally signed by the consumer or other individual. 2. ASC Clearance Services will determine: a) whether the advertisement has been previously approved by ASC2; and b) whether there is merit to the complaint 3. For complaints that are not accepted, ASC Clearance Services will write to the complainant to explain why the complaint was not accepted. 4. For complaints that are accepted, ASC Clearance Services will advise the complainant that the complaint has been accepted and take the following next steps: a) ASC Clearance Services will, in writing, notify the defendant advertiser (or its Canadian representative, such as the manufacturer under license, distributor, or importer of the advertised product if in the opinion of ASC Clearance Services notification to the representative is more appropriate) that a complaint has been received. i. For complaints lodged by any entity or individual other than a consumer, ASC Clearance Services will provide to the defendant advertiser a copy of the complaint, including the identity of the complainant. ii. For complaints lodged by consumers, ASC Clearance Services will provide to the defendant advertiser a copy of the complaint with the identity of the complainant blinded, unless the complainant has given express permission to disclose his or her identity. b) In its notification, ASC Clearance Services will detail the elements of the advertisement that appear not to be in compliance with the Food and Drugs Act, Regulations, Natural Health Products Regulations and other relevant HC or ASC policies and guidelines. c) ASC Clearance Services will request that the defendant advertiser (or its representative): (i) immediately cease distributing, or publicizing, or allowing to be publicized, the advertisement in question until it is brought into compliance; and (ii) confirm in writing within two weeks that the requested action has been undertaken. d) ASC Clearance Services will inform the defendant advertiser(or its representative): (i) that if no reply is received within two weeks, ASC Clearance Services will assume it has been unable to bring the advertisement in question into compliance, and will forward the complaint to HC for action, in accordance with established HC Policy. In that event, ASC Clearance Services may also notify the exhibiting media that the advertisement is deemed to be non-compliant and request media’s support in no longer exhibiting it; (ii) when, pursuant to 4 d)(i) above, the complaint was forwarded to HC and when/if the exhibiting media was also notified. 5. The defendant advertiser (or its representative) may: a) choose to comply with ASC Clearance Services’ request for corrective action; b) negotiate and implement an alternative corrective action acceptable to ASC Clearance Services; c) appeal ASC Clearance Services’ decision under the Consumer Drug Appeal Procedure 6. ASC Clearance Services will communicate the outcome to the complainant. ASC Clearance Services Drug Complaints Procedure Revised May 2008 1. HC remains exclusively responsible for dealing with complaints about advertisements for non-NPN/non-DIN products that include therapeutic claims, as per established HC Policy. Please note that complaints involving health and safety issues are forwarded directly to HC. 2. Under this procedure, ASC only accepts complaints about advertisements that were not previously approved by ASC Clearance Services. Complaints about advertising previously approved by ASC Clearance Services must proceed, if at all, under ASC’s Trade Dispute Procedure.