The Ministry of Health is currently considering whether to take further action against the distributors of Shape Patch
which allegedly breached the Medicines Act, says Senior Advisor Stewart Jessamine.
The Ministry believes the most appropriate action to protect public health is to ensure that the distributor immediately
ceases advertising and removes any websites featuring advertising material that is considered to breach the Medicines
Act 1981.
Dr Jessamine says the aim of the Medicines Act is to protect the public by ensuring that as much as possible any product
that makes a therapeutic claim is able to demonstrate it does what is says it does and is safe when used as directed.
Any products that claim to lead to weight loss, except for dieting and exercise, are considered to be a medicine under
the Medicines Act. The distributor of Shape Patch has not applied to the Minister to market this medicine and it is
illegal to advertise medicines for sale in New Zealand without the consent of the Minister of Health.
In addition to alleged breaches of the Medicines Act, Dr Jessamine said "the Shape Patch advertising that appeared in
four metropolitan papers over the past 24 hours is in breach of the Advertising Standards Authority codes of practice
and the industry self-regulatory regimen for advertising therapeutic products".
"Since November 2000 all products that may make therapeutic claims must be assessed and approved by an independent
evaluator at the Therapeutic Advertising Pre-vetting System (TAPS) and issued with a compliance code number before
publication. As the Shape patch advert did not have a TAPS compliance number, newspapers should not have published the
advert. Rather they should have sent it back to the advertising agency asking that it put the advert through the TAPS
system".
"We will also be looking at the product's packaging and advising the distributor what they can and cannot advertise".
Shape Patch advertising claimed it was an "all natural method to lose weight and keep it off".
Dr Jessamine hoped publicity around this incident would deter weight loss companies from making misleading, false or
unproven claims and building up the hopes of anyone wanting to lose weight.
"The Ministry has no information about either the safety or effectiveness of Shape or any other patch weight loss
product. We would caution consumers to think carefully before spending their money on products which distributors claim
can make life altering changes to body shape but do not include a dieting or exercise regime".
"The Ministry is considering what further action it should take. Traditionally we do not prosecute first time offenders
where there is no threat to public safety. However we will be directing the distributor to cease advertising and pull
down any websites that feature advertising material.
ENDS