In recent years, the safety of infant formula food has been paid more and more attention, especially in the advertisements of infant formula food, the regulatory authorities (governments) to strengthen the administration. In order to make everyone better understand the current national requirements and regulations on advertisements for infant formula foods, Antion will summarize the laws and regulations related to advertisements on infant formula foods.

Food Safety Law

Article 73 The contents of food advertisements should be true and compliance, it should not contain false contents, and should not involve the functions of preventing and treating diseases. Food producers and operators should be responsible for the authenticity and compliance of food advertisements.

Advertising Law

Article 4 Advertisements should not have any false or misleading content or defraud or mislead consumers.

Advertisers should be responsible for the authenticity of the advertisement content.

Article 9 An advertisement should be prohibited from:

(1) Using, or using in a disguised form, the national flag, national anthem, national emblem, military flag, military song, or military emblem of the People’s Republic of China.

(2) Using, or using in a disguised form, the name or image of any state authority or its staff member.

(3) Using “national”, “highest”, “best”, or similar comparative words.

(6) Damaging personal or property safety or divulging individual privacy.

Article 11 Where the contents of an advertisement involve any matter subject to administrative licensing, it shall conform to the licensed content.

The data, statistics, investigation results, excerpts, quotations, and other citations used in an advertisement should be true and accurate, with the sources indicated. If any citation has a scope of application or a term of validity, the scope of application or term of validity should be clearly indicated.

Article 12 Where an advertisement involves any patented product or patented method, the patent number and the patent type should be indicated.

An advertisement should not falsely claim that a patent has been granted, if the patent has not been granted.

An advertisement should be prohibited from using a patent application before the patent is granted or using any expired, revoked, or invalidated patent.

Article 13 Advertisements should not disparage the goods or services of any other producer or trader.

The Action Plan of Improving China-Made Infant Formula Milk Powder

Strengthen publicity and guidance:

Regulate advertisements on infant formula milk powder, crack down on all kinds of false and exaggerated propaganda. Advertisements on the mass media or in public places for infant milk products that claim to be a complete or partial substitute for breast milk shall be prohibited to publish. Advertisement should not be carried out on infant formula dairy products consumed by infants aged 0-12 months.

Measures for the Investigation and Handling of Online Food Safety Violation

Article 17 The producers and operators of online food should not engage in the following activities:

(3) The information of infant formula milk powder products published on the internet expressly or imply that it has functions such as intelligence, increasing resistance, improving immunity, protecting the intestinal tract, or health care functions.

Notice on Further Standardize Advertisements and Sales behaviors of Breast-milk Substitutes

Standardize breast milk substitute advertisements:

Strictly investigate and punish infant formula advertisements, which contain illegal content, such as explicit or implied substitutes for breast milk, and use images of breast-feeding women and babies.

Antion will launch more information on advertisements for other food categories, please continue to follow us!