Previously, Antion has summarized laws and regulations related to the advertisement of infant formula food. This week, Antion summarizes the requirements related to the advertisement of health foods.
1. The health food advertisement should be examined by the advertisement examination authority, and should not be published without examination.
2. The contents of health food advertisement should be subject to the approved registration certificate or product specification. If health food advertisement involves health function, the product's functionality ingredients or marker ingredients and the content thereof, suitable population or consumption amount, or other contents should not exceed the scope of the registration certificate or the product specification.
The advertisement of health food should clearly label that “Health food is not medicine, and cannot replace medicine to treat diseases”, state that the product cannot be taken as substitutes for medicine, and clearly label the sign of health food, the approval number of the advertisement, suitable people and unsuitable people.
3. It should not contain false or misleading contents, or deceive or mislead consumers.
4. Such comparative words as “national”, “highest” or “best” etc. should not be used.
5. Where an advertisement involves any patented product or patented method, the patent number and the patent type shall be indicated; An advertisement shall not falsely claim that a patent has been granted, if the patent has not been granted.
An advertisement shall be prohibited from using a patent application before the patent is granted or using any expired, revoked, or invalidated patent.
6. It is not allowed to belittle the goods or services of any other producer or trader.
7. In addition, advertisement contents of health food shall not involve:
(1) An assertion or guarantee of efficacy or safety;
(2) It contains terms that may cause the confusion of it with drugs, and involves disease prevention and treatment functions;
(3) Claim or imply that the advertised goods are necessary for the protection of health;
(4) Comparison with drugs and other health food;
(5) Any recommendation or certification by an endorser;
(6) Describe functional characteristics and mechanism of the product in terms that are difficult for public to understand;
(7) There are such contents so-called “scientific or research findings”, “experiments or data proving” that cannot be confirmed;
(8) Exaggerate the efficacy of health food or expand the range of suitable people, express or imply that such products can cure all symptoms or it’s suitable for all people;
(9) Use feudal superstition to advocate health food;
(10) Propagandize the product as a secret recipe;
(11) It contains the words of “safety”, “safety, non-toxicity and side effect”, “small toxicity and side effect”, which express or imply that the ingredients are “natural”, so the safety is guaranteed and other contents; it contain the induced contents such as “hot sales”, “snap up”, comprehensive evaluation contents such as “assessments of the product”, “award”, and commitment statements like “money back guarantee”, which encourage consumers to consume health food arbitrarily or excessively.
Reference:
l Food Safety Law of the People's Republic of China
l Regulation on the Implementation of the Food Safety Law of the People's Republic of China
l Advertising Law of the People's Republic of China
l Interim Measures for the Examination and Administration of Advertisements for Medicines, Medical devices, Health Food and Food for Special Medical Purpose
l Interim Provisions on the Examination of Health Food Advertisements
l Interim Measures for the Administration of Internet Advertising
More details about laws and regulations related to the advertisement of infant formula food please click: Relevant Laws and Regulations on Advertisements - Infant Formula
Antion will launch more information on advertisements for other food categories, please continue to follow us!