On May 29, 2023, the State Administration for Market Regulation publicly solicited opinions on the Measures for Administration of Review of Advertisements for Drugs, Medical Devices, Health Food and Food for Special Medical Purpose (Draft for Comments). The deadline for feedback is June 28, 2023. Antion compared the draft with the current version, and analyzed and interpreted its major changes and impacts as follows:

Strengthened the regulation on citing contents for advertising

The draft clarified the circumstances not to be included in advertisements for drugs, medical devices, health food and food for special medical purpose, requiring that advertisements should not contain theoretical references, viewpoints and statements beyond the instruction, or the contents contained in literature, research reports and experimental proofs. This would help enterprises use proper expressions in advertisements and carry out legal and compliant publicity.

More strict regulation on health function claims

The draft implemented the relevant requirements of the Regulations on the Implementation of the Food Safety Law, which stipulate that, "foods other than health food shall not claim to have health function", and clarified that advertisements for foods other than health food should not make health function claims, nor should they express or imply to have health function by publicizing the role of certain ingredients.

This links up with the Regulations on the Implementation of the Food Safety Law and helps enterprises make health function claim in accordance with the relevant provisions.

Adjusted validity period of advertisements

The draft deleted the provisions that the validity period of the approval number of food advertisements for drugs, medical devices, health food and food for special medical purpose should be the same as the shortest validity period of the product registration certificate, filing certificate or production license document, and adjusted the validity period of the approval number of advertisements to two years, simplifying the provisions on the validity period of advertisements in the current version, so that enterprises can better implement it.

Protected the rights and interests of minors

The draft clarified that minors shall not be utilized to introduce drugs, medical devices, health food and food for special medical purpose in advertisements, and stipulated that "advertisements for drugs, medical devices, health food and food for special medical purpose shall not be published on mass media targeting minors", thus better protecting the rights and interests of minors.

Strengthened supervision on network broadcast

In view of the current trend of live streaming marketing, and in line with the relevant requirements of the Advertising Law and the Measures for the Administration of Internet Advertising, the draft prohibited to publish advertisements for drugs, medical devices, health food and food for special medical purpose in the form of introducing health knowledge in the network broadcast, and to use advertising spokespersons for making recommendation or proof for drugs, medical devices, health food and food for special medical purpose.

This helps enterprises regulate expression of advertisements in network broadcast, and urges enterprises to be responsible for the speech in network broadcast and make advertisement in accordance with regulations.

Added circumstances where there is no need to apply for advertising review

The draft clarified that where enterprises present product name, price, label, specification, grade, use method, instruction, method of payment and delivery, and after-sales service which should be displayed, marked or informed in its business premises or on its own Internet media such as a self-built website, public account, online store page or application program in accordance with relevant laws, administrative regulations, departmental rules and mandatory national standards, there is no need to apply for advertisement review. This simplified the advertisement review process appropriately.

Improved advertisement review system

The draft improved the relevant provisions that the contents of advertisements for drugs, medical devices, health food and food for special medical purpose which should be clearly indicated; clarified the relevant responsibilities and obligations regarding advertisements containing two-dimensional code, network links and other link identifications; improved the procedures for reviewing advertisements, optimized the system for accepting advertisement applications, and added specific provisions such as the time limit for correcting advertisement applications and rules for numbering advertisement approval documents.

Summary

The release of the Measures for Administration of Review of Advertisements for Drugs, Medical Devices, Health Food and Food for Special Medical Purpose (Draft for Comments) strengthened the supervision of advertisement publishment, optimized the service, better guided the practice of advertisement review and law enforcement, and promoted the healthy development of the industry.

Source: Antion

Note: This article is compiled by Antion, please indicate our source if reprint it.