III.Compliance Points of Advertising Content(Speci...
1.Narcotic drugs, psychotropic drugs, toxic drugs for medical use,radioactive drugs, and other special drugs, pharmaceutical precursor chemicals, and drugs, medical instruments, and treatment methods for drug rehabilitation treatment shall not be advertised.Prescription drugs other than those which have been mentioned above may only be advertised on specialized pharmaceutical or medical journals jointly designated by the health administrative departments of the State Council (the department in charge of medical and health administrative work, such as the Health Committee) and the National Medical Products Administration.
2.According to Article 16 of the Advertising Law, advertisements on medical services, drugs, or medical instrument shall not contain: (1) any assertion or assurance on efficacy or safety; (2) any statement on the recovery or response rate; (3) any comparison with other drugs or medical instruments in efficacy and safety or comparison with other medical institutions; (4) any recommendation or certification by an endorser; (5)any other information prohibited by any law or administrative regulation.
There are many detailed provisions in relevant laws.For example, the contents of a drug advertisement shall not differ from the instructions approved by the National Medical Products Administration, and shall conspicuously indicate the restrictions and adverse reactions.An advertisement on a prescription drug shall conspicuously indicate: “This advertisement is intended for medical and pharmaceutical professionals only”, and an advertisement on a non-prescription drug shall conspicuously indicate: “Please follow the instructions of the drug or purchase and use the drug under the direction of a pharmacist.”
In addition, an advertiser publishing an advertisement on medical instruments recommended for personal use has corresponding specific labeling obligations.Besides, where there are any contraindications or precautions in the medical instrument’s registration certification document, the advertiser also has obligations to indicate it explicitly.Advertisements except those on medical services, drugs, and medical instruments shall not involve disease treatment functions, nor use medical terms or terms that may result in confusion between the marketed goods and any drugs or medical instruments.
3.Advertisements on functional food.According to Article 18 of the Advertising Law, an advertisement on functional food shall conspicuously indicate: “This product is not a substitute for drugs”, and shall not contain: (1) any assertion or assurance on efficacy or safety; (2) any statement involving disease prevention or treatment functions; (3) any claim or implicit indication that the advertised good is necessity for maintaining health; (4) any comparison with drugs or any other functional food; (5) any recommendation or certification by an endorser;(6) any other information prohibited by any law or administrative regulation.
4.Advertisements on infant diary product, beverage, or other food substituting for breast milk.Article 20 of the Advertising Law clarif ies that it is prohibited to publish, on mass media or in public places, advertisements on any infant diary product, beverage, or other food which claims to substitute for breast milk in whole or in part.(https://www.daowen.com)
5.Tobacco advertisements.Article 22 of the Advertising Law clarif ies that the following publishing behaviors of tobacco advertisements is prohibited: (1) publishing tobacco advertisements on mass media, in public places, on public means of transportation, or outdoors; (2) sending any form of tobacco advertisements to the minors; (3) publicizing the name,trademark, packaging, decoration, and other similar aspects of tobacco products through advertisements on any other goods or services or public service advertisements; (4) issuing notices written by a tobacco product manufacturer or seller regarding its relocation, renaming, or recruitment, among others, shall not contain the name, trademark, packaging,decoration, and other similar aspects of tobacco products.
6.Advertisements on liquor.According to Article 23 of the Advertising Law, such advertisements shall not contain: (1) any drinking inducement or instigation or immoderate drinking; (2) any description of an act of drinking; (3) any description of driving a car, vessel, or airplane driving,among others; (4) any explicit or implicit indication that drinking relieves tension and anxiety, increases physical strength, or has any other efficacy.
7.Advertisements on education or training.According to Article 24 of the Advertising Law, such advertisements shall not contain: (1) any explicit or implicit commitment to guarantee future enrollment in a school,passing of examinations, or obtainment of an academic degree or a diploma or guarantee the results of education or training; (2) any explicit or implicit indication that the relevant examination authority or its staあmembers or the test designers will participate in the education or training; (3) any recommendation or certification in the name or image of any scientific research entity, academic institution, educational institution,industry association, professional, or beneficiary.
8.Advertisements on goods or services to provide business opportunities or any other expectation of investment return.According to Article 25 of the Advertising Law, such advertisements shall contain a reasonable reminder or warning of possible risks and the assumption of liability arising from such risks, and shall not contain: (1) any commitment to guarantee future results, return, or relevant conditions or any explicit or implicit indication of breakeven, no risk, or guaranteed return, etc.except as otherwise specified by the state; (2) any recommendation or certification in the name or image of any academic institution, industry association, professional, or beneficiary.
9.Advertisements on real estate.The information on the source of real estate shall be true, with the area thereof clarif ied as the gross floor area or the gross internal floor area.According to Article 26 of the Advertising Law, such advertisements shall not contain: (1) any commitment on appreciation or investment return; (2) any indication of the location of the project by the time needed from the project to a specific object of reference; (3) any violation of the provisions of the state on price management; (4) any misleading publicity on transport, commerce, cultural and educational, and other municipal facilities in planning or under construction.
10.There are other advertising compliance requirements and terminology specifications for the special industry, such as pesticides, veterinary drugs, feeds, crop seeds, planting and breeding, etc., which are not further introduced here.