Advertising law reform
On January 3, 2025, a preliminary draft law on the reform of the advertising code was presented by the Ministry of Communication, Telecommunications and Digital Affairs in the presence of key players in the advertising sector. This reform is to be welcomed if we know that the law on advertising which dates from 1983 has not only become obsolete but has never been accompanied by an implementing decree. The new bill aims to propose 178 articles in place 17 of the old code. This project reminds us of a very important activity of the CNRA (National Audiovisual Regulatory Council) led by the late Babacar Touré who organized in August 2018 a workshop for sharing and consultation on advertising with all stakeholders in the broadcasting sector. advertising (advertisers, agencies, broadcasters, consumers, institutions, local authorities). The AIIDA association (International Association for Information on Depigmentation) as a civil society actor was invited to take part in this important activity.
Advertising of depigmenting products and article 112 of the new press code
The AIIDA association then made proposals relating to the advertising of depigmenting products for cosmetic purposes mainly in the audio-visual media. Note that in April 2015, the AIIDA association had, thanks to the facilitation of the late honorable Mame Mbayang Dione Ba, organized an awareness workshop for parliamentarians of the 12th legislature through the health commission chaired at the time by the honorable Haoua Dia Thiam. Following this training workshop for deputies, the honorable Haoua Dia Thiam proposed the introduction into the new press code of a new article (article 112) which prohibited the advertising of depigmenting products for cosmetic purposes in audio media. visuals.
This recall aims to show the process which led to the ban on the advertising of depigmenting products, essentially drugs diverted from their intended use: clobetasol propionate, hydroquinone and glutathione.
Dermatological drugs diverted from their use
These products should only be prescribed by sworn doctors, particularly dermatologists, and for specific medical indications in accordance with the medical code of ethics. Indeed, the ONMS (the National Order of Physicians of Senegal) in its code of ethics (Decree No. 67-147 of February 10, 1967) recalls in its articles 9 and 10 the prohibition on a doctor from practicing a other activity incompatible with professional dignity likely to bring it into disrepute, in particular any practices of charlatanism.
This code also reminds us that “Medicine should not be practiced as a business”. The following are specially prohibited: “All processes, direct or indirect, of advertising or advertising”; “Spectacular events relating to medicine and not having exclusively a scientific or educational aim”.
What about the code of ethics for traditional therapists?
If the code of ethics regulating the exercise of the medical profession is clearly established, this is not the case for the practice of traditional medicine although the use of traditional plants is very common in our country. Indeed, the WHO (World Health Organization) estimates that 80% of the African population uses traditional medicinal plants. In Senegal, studies carried out in hospitals show that 40% of patients consulting dermatology first resort to traditional pharmacopoeia before consulting the hospital.
The use of traditional treatments is favored by several factors including geographical origin, level and type of education. In addition, excessive advertising which certain traditional practitioners indulge in on various media (social networks, audio-visual media, posters, advertisements, etc.) is a factor in encouraging herbal medicine.
The lack of regulation of traditional medicine partly explains the publicity devoted to traditional medicine. However, the advertising of medicines is prohibited and these traditional plants are used for therapeutic purposes.
The traditional use of plants is not without its dangers; in current hospital practice, doctors, particularly dermatologists and nephrologists, are daily confronted with side effects of traditional medications which constitute frequent reasons for hospitalization. Severe drug addiction (skin allergies), acute renal failure and hepatitis constitute the main complications of the use of medicinal plants. These complications are sometimes fatal, unfortunately the phytovigilance system in Senegal does not allow exhaustive recording of the side effects of medicinal plants.
Recall that since 2017, there has been a bill to regulate the practice of traditional medicine in Senegal, unfortunately this law has not yet been promulgated. Despite the efforts of health authorities in the recognition of traditional medicine in Senegal, there is to date no code of ethics that regulates the practice of traditional medicine in Senegal. Which leaves an open door for charlatanism and false advertising.
Other products harmful to health and advertising
-However, medicinal plants and depigmenting products are not the only products whose use is associated with significant morbidity and mortality and which are the subject of advertising.
Food products such as oil, culinary broths and other unidentified ingredients do not escape false advertising despite these existing regulations: article 9 of law 83-20 of January 28, 1983 and article 12 of the Law 2006-04 of January 4, 2006, creating the National Audiovisual Regulatory Council. The latter exercises control by all appropriate means over the content and programming methods of advertising broadcasts, broadcast by public and private audiovisual media. One of the limits of this legislation is advertising via social networks and display networks outside the areas of competence of the CNRA.
Is there hope for an in-depth reform of the advertising sector?
This preliminary bill on the reform of the advertising code comes at the right time; let us dare to hope that consumerists but especially the MSAS (Ministry of Health and Prevention) as well as learned societies will fully play their role in cleaning up the advertising landscape in our country.
One of the major challenges lies in the prevention of all these pathologies linked to behavior, particularly voluntary cosmetic depigmentation (“Xessal”, addiction to alcohol and tobacco, drug addiction, hypertension, renal failure and drug-induced hepatitis…).
Beyond audiovisual media, we should take into account display networks and social networks (Tik-Tok, Facebook and Instagram) on which we find numerous textbook cases of illegal practice of medicine and especially dermatology, sale of products harmful to health. Could Senegal, like China, ban certain social networks whose content is harmful to public health?
Fatimata Ly
University Professor
Specialist in dermatology Venereology
Former president of the AIIDA association
President of SOSEDEV
References :
1. Issa Wone, Ndeye Beye Ngom, Mame Ngone Leye, Fatou Fall, Bafode Timera, Fatimata Ly. Prevalence of Skin Bleaching Cosmetics Use in Senegal: Trends and Action Prospects. Central African Journal of Public Health. Vol. 8, No. 5, 2022, pp. 198-202.
2. Ndour MA, Ly F, Barry O, Thiam S, Diédhiou D, Diop MM, Dioussé P, Diop AND, Diallo IM, Dieng M, Sow D, Diop MT, Preira JB, Gadji FK, Ndiaye F, Thioye EHMM, Halim C, Sarr A, Mbaye MN. Endocrine complications in patients using topical corticosteroids for cosmetic purposes. RAFMI JUNE 2023; 10 (1-2): 18-25 18.
3. F Ly, S Hanabal, DA Dione, I Wone, SO Niang, A Diagne, A Kane, MT Dieng, B Ndiaye. What is the therapeutic itinerary for patients consulting in dermato-venerology in Dakar? Ann Dermatol Venreol, 2007 Vol 134 (No. SUP1): 76-77.
4. Ly F, Diousse P, Ndiaye C, Déme A, Diatta BA, Ndiaye MT, Diallo M, Diop A, Kebe AD, Fall F, Kane A. Cutaneous squamous cell carcinomas (SCC) associated with cosmetic skin whitening: 8 cases reported in Senegal. Ann Dermatol Venereol. 2018 Feb;145(2):83-88.5. P A Ndoye Roth , F Ly , H Kane , A A A Bissang , A M Wane , A S Sow , J M Ndiaye , M Nguer , E A Ba , M R Ndiaye .Ocular lesions of artificial depigmentation.J Fr Ophtalmol 2015 Jun;38(6):493-6.
6. Sy A, Faye M, Keita N, Dial CMM, Lemrabott A Tall, Faye M, Ba Bacary, Ndiaye B, Ndongo M, Ka E F. Study of the association between phytotherapy and irrigated nephropathy in Senegal, senephyt 1 study .CO 131. 19th Medical, Pharmaceutical, Odontological and Veterinary Days held in Dakar from April 26 to 29 2023
7. Dadzie OE. Unethical skin bleaching with glutathione. BMJ. 2016 Aug 31;354:i4386.
8. Ly F, Mahé-Vasseur P, Agne El Fecky A, Verschoore. Qualitative investigation into the artificial depigmentation of black skin: an attempt at an anthropological and psychosocial analysis in the Senegalese context. Ann Dermatol Vénéréol, 2007(134): 19-22.
9. Mahé A, Ly F, Aymard G, Dangou JM. Skin diseases associated with the cosmetic use of bleaching products in women from Dakar, Senegal. Br J Dermatol. 2003 ; 148(3):493-500.
10. Seck B, Ndiaye MT, Diop A, Gaye C, Diouf A, Diagne FG, Diassé F, Fall D, Ly F. The relevancy of patch testing in the exploration of the cutaneous side effects of herbal medicine. Our Dermatol Online. 2021;12(1):19-
