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PubMed1987

Sale of Condoms Act 1987 (No. 72 of 1987), 27 November 1987.

This Act legalizes the sale of condoms in shops through vending machines installed by a licensed installer and by mail order. It also gives the Publications Classifications Board the right to consider the advertising of condoms and to approve or refuse to approve such advertising. It is to approve advertising only if it is "satisfied that there are medical, hygienic, or social benefits to be gained" from the advertising. Further provisions of the Act set forth licensing procedures and penalties for violation of the Act, among other things.

Advertising↗
PubMed1987

Decree No. 87-772, 23 September 1987.

This Decree sets forth regulations on advertising of pharmaceuticals. Under it, condoms are in general to be treated as other non-prescription medicaments with respect to advertising. In addition, any manufacturer or distributor seeking authorization to advertise condoms must, if the product is new, submit a file justifying the announced properties of the product as well as the address of the place or places of manufacture and an example of labelling of the product. The manufacturer or distributor may also be asked to furnish all information indispensable for the verification of the exactitude of the product. Comments appearing on packaging, containers, brochures, or instructions are in no case exempted from the requirement of obtaining an authorization to advertise.

Advertising↗
PubMed1987

Act No. 87-39.

Among other things, this Act repeals Article L.282 of the Code of Public Health, which had prohibited advertising in relation to prophylaxis and treatment of venereal diseases. The Act also amends Article L.551 of the Code to provide that "advertising or publicity, in any form whatsoever of contraceptives for males (condoms), as a means of preventing the contracting of sexually transmitted diseases" shall be subject to the provisions laid down by Decree."

Advertising↗
PubMed1987

Judgment, 7 July 1987.

The owner of condom vending machines located on the outside wall of a restaurant challenged an administrative order requiring the removal of the machines. The Court noted that under previous case law the sale of condoms could be prohibited only under very restrictive circumstances since such a prohibition interferes with the guaranteed right to exercise a profession. It held that the location of the vending machine did not amount to such circumstances because the machine was not necessarily visible to passers-by and did not create a disturbance for children, churchgoers, or anyone else. It also pointed out the prevailing current liberal attitudes towards sexuality.

Condoms↗
PubMed1987

Resolution, 1 June 1987.

This Resolution requires all pharmaceutical dispensaries to maintain a stock of condoms for supply to the public. The condoms are to be furnished to clients on request, without any formality.

Condoms↗
PubMed1988

Decree No. 88-129/PCMS/MSP/AS prescribing procedures for the implementation of Ordinance No. 88-19 of 7 April 1988 authorizing the practice of contraception, 7 April 1988.

Sections 1-6 of this Decree, which has been made in pursuance of, inter alia, Ordinance No. 88-19 of 7 April 1988, read as follows: "1) Medical and allied health personnel shall be authorized to apply the following reversible and irreversible contraception methods: oral and injectable hormonal methods; IUDs; barrier methods (diaphragms, spermicides, and condoms); ligation of the fallopian tubes or tubal sterilization; and vasectomy. 2) Physicians specializing in obstetrics and gynecology shall be entitled to apply all forms of contraception. 3) The following shall be authorized to prescribe oral and injectable contraceptives: physicians, midwives, higher health technicians and health assistants, and nurses holding a State diploma who have received appropriate training. 4) Physicians, higher health technicians, midwives, and nurses holding a State diploma, who have received appropriate training, shall be authorized to prescribe and to perform the insertion of IUDs. 5) No medical prescription shall be required in order to acquire diaphragms, spermicides, and condoms. 6) The procedures for the implementation of this Decree shall be laid down by Order of the Minister of Public Health and Social Affairs of the Niger."

Africa↗
PubMed1984

A trojan horse goes to court: Bolger v. Youngs Drug Products Corp.

In Bolger v. Youngs Drug Products Corp., the Supreme Court held that a statute prohibiting the mailing of unsolicited advertisements for contraceptives was unconstitutional as applied to Young's advertisements for condoms. The decision rested on a balancing of the first amendment's grant of free speech with the Government's interest in safeguarding an individual's privacy. The Court noted that the advertisements promoted the flow of information on contraception, and pertained to constitutionally protected private activity. This Case Comment argues that the Court's decision is sound and criticizes the view of the concurring opinion that shielding individuals from potentially offensive speech is a substantial governmental interest. The Comment concludes that the Court's decision expands upon precedent which established an individual's right of privacy regarding the use of contraceptives.

Advertising↗