The notion of "panacea" has long captured the human imagination. In Greek mythology, Panacea was the goddess of healing. She was the daughter of Asclepius, the god of medicine, who was the son of Apollo the physician and a mortal woman. With the blood of Gordon, Asclepius can bring the dead back to life, which angered the gods and culminated in his downfall.
Panacea was said to have a potion that can cure any disease. She has four sisters and four brothers, most of whom have flair for treatment. In a woodcut of Veronese physician J Gazola, they administered medicine to a sick baby. Her name appears in the Hippocratic Oath, the most famous text in medicine written nearly 2,500 years ago. In those days, many alchemists who searched for elixir or the philosopher's stone that was capable of turning metal into gold also looked for the panacea, but it was nowhere to be found.
Hundreds of years went by, but the moral of the story still holds true.
A few weeks ago, celebrity TV host Patcharasri Benjamas came under fire for exaggerating the quality of her food supplement products. On Jan 18, the hashtag trended on Twitter when her videos went viral. In one of them, she claimed that her products can firm up skin and remove droopy eyelids, neck wattle, and wrinkles. She said it helps her nose get in shape without recourse to cosmetic surgery.
"Not only your face but also your body will be youthful again," she added.
In another video, she cited a testimonial from her customer in Samut Sakhon. She claimed that a mother and her two children took her products and developed immunity to the novel coronavirus. She sent these products to her infected husband being treated in hospital. When he took them for a week, a doctor found him to be cleared up. Her products were also purported to cure cancer, dementia, and depression.
In response, the Food and Drug Administration (FDA) ordered the removal of all her advertisements in question and filed a complaint with the Consumer Protection Police Division (CPPD). However, she failed to show up to answer their questions on Jan 28 because she had to attend a meeting with the House committee on public health. Investigators then issued a new summons asking her to meet them tomorrow. If she postpones their appointment without a sound reason, she will face an arrest warrant.
In fact, this is one of those in a Pandora's box of "snake oil" products ranging from cure-all power cards to miracle lamps for cancer treatment. Last year, the FDA took legal action against suspects in a total of 1,388 such cases. In light of this controversy, Life sat down to talk with health and consumer experts who said product hype stems from the laxity of surveillance and punishment, calling for strict law enforcement.
Just supplements
Assoc Prof Dr Dunyaporn Trachootham, lecturer at Mahidol University's Institute of Nutrition, attributed the boom of dietary supplements to the advent of demographic shift and social media. Thailand is now becoming a full-fledged aged society where the number of adult and elderly citizens is rising against the backdrop of the country's falling birthrate.
"Most people nowadays want a healthy lifestyle and have purchasing power because having fewer children frees them up. Meanwhile, they spend a lot of time on social media. When new products are rolled out, they will spread the word online," she explained.
Dr Dunyaporn said, however, consumers should have health literacy because dietary supplements are additional nutrients and therefore less important than five main food groups. In the past, people basically took these products to compensate for the lack of some vitamins and minerals.
"However, there is a growing consumer demand for health promotion. For example, fibre products can help with excretion, cholesterol, and blood sugar levels. Extracts are part of this group. They are something between food and drug or herb. That is why it is very popular. Manufacturers can cash in on this by making exaggerated advertisements," she said.
Dr Dunyaporn stressed that dietary supplements are not essential for everybody. Instead, they should be reserved for those who lack specific nutrients or need them when their bodies experience abnormal conditions. For example, if one doesn't excrete in three days, one can take fibre products to get back to normal.
"However, dietary supplements are not used for treatment. If you are sick, go to the doctor," she said.
Unfortunately, the reality on the ground is the other way around. Caterpillar fungus or Tang Chao food supplement is touted as a cure-all medicine that could boost virility in men, suppress cancer cells, and treat all ailments ranging from diabetes to kidney disease. However, a netizen recently posted on social media that her father died from consuming them in the hope of curing muscle fatigue. A doctor found her father was suffering from kidney failure and toxin overload in his body.
When asked how to ensure safety, Dunyaporn said consumers must check companies and products with authorities. For example, they should find out whether manufacturers are registered and their product descriptions match those approved by the FDA. She said Thailand has set rigorous standards of pre-market approval, but the problem lies with its surveillance.
"We are falling short of monitoring products once they are on the market. Mobile units normally conduct testing every six months, but it is still not enough. I encourage government agencies -- the Food and Drug Administration and the Office of the Consumer Protection Board -- to speed up handling complaints. The US is known for its credit scoring system. If manufacturers cannot answer consumer complaints well enough, they will face legal action. I think this will deter manufacturers from breaking the law," she said.
Laxity of law
Saree Ongsomwang, secretary-general of the Foundation for Consumers (FFC), said exaggerated advertisements are the most worrying problem. Manufacturers are not allowed to make outrageous claims that their products can treat diseases or symptoms -- whether it be diabetes, weight loss, or skin whitening -- because they are food, not drugs.
"We have found that manufacturers are using television commercials for bait, but exaggerating advertisements online. It is doing harm to consumers who are unaware of side effects. For example, caterpillar fungus is found to damage kidneys," she said.
On Jan 9, the FFC and its partners released an annual report. Last year, they received a total of 3,667 complaints. Of this, 1,089 concerned food, drug, and health products that are exaggerated or sold illegally, accounting for the largest proportion (29.7%), followed by 812 about public service (22.14%) and 742 about goods (20.23%).
Saree said dodgy advertisements stem from the laxity of law enforcement because business operators are willing to pay fines in exchange for huge profits. Their income of millions of baht from selling illegal caterpillar fungus-based products are very substantial when compared with light penalties.
Under the Food Act 1979, those who exaggerate the quality of food and drugs are subject to a jail term of up to three years, a fine of up to 30,000 baht, or both. For running advertisements without seeking the FDA's permission, wrongdoers are liable for a 5,000 baht fine.
Sathaporn Arakwatana, an academic at the FFC, said, however, many advertisements present only FDA numbers without advertisement approval numbers, making it impossible for consumers to know they are permitted by the FDA.
Sathaporn called for an amendment to the Food Act 1979 to mete out harsher punishment to offenders. The FDA and relevant agencies should take serious legal action. She said these laws -- the Food Act, the Computer Crime Act, and the Criminal Code -- can be applied.
She encouraged the use of Sections 341 and 343 of the Criminal Code over public fraud because they carry tougher penalties and cannot be compromised. Public fraud is an act that asserts falsehood, intends to mislead the public, and does not require over 10 victims.
"Exaggerated advertisements cover all of this," she said.
Under Section 341 of the Criminal Code, those who assert falsehood or conceal facts and cheat will face a jail term of up to three years, a fine of up to 60,000 baht, or both. However, Section 343 Paragraph 1 indicates that if the offence under Section 341 is perpetrated to the public, it carries a jail term of up to five years, a fine of up to 100,000 baht or both.
Law change
Supattra Boonserm, deputy secretary-general of the FDA, said greater access to media platforms leads to an avalanche of advertisements. The FDA is not only keeping pace itself but also joining hands with other agencies to monitor them.
"We are working with the National Broadcasting and Telecommunications Commission (NBTC) to monitor television and radio commercials and with the Ministry of Digital Economy and Society (DES) to monitor online advertisements," she said.
The FDA is also joining force with police from the High-Tech Crime Division to crack down on online pop-ups and banners for illegal health products that use fake research and celebrities without their permission in advertisements.
When asked about the Food Act 1979, Ms Supattra said the law and its penalties are "outdated". The House of Representatives is reviewing the bill for harsher punishment.
"Under this law, the FDA is an official. We are allowed only to file complaints with police. Investigators are responsible for questioning stakeholders and pressing charges," she said.
The FDA has lodged complaints against some 230 celebrities for exaggerating the quality of dietary supplements and cosmetic products over the past six years.
She said her agency is stepping up efforts to promote health literacy via all channels, especially social media. Consumers can check package labels with its Oryor Smart Application and file complaints with its hotline at 1556.