The regulator has announced the above as part of its proposed revision to the “Measures for the Administration of Advertisement Review of Drugs, Medical Devices, Health Food and Food for Special Medical Purposes (FSMP).”
Under measure number 11 which covers the list of prohibited advertisement content, the SAMR has proposed two new additions.
First, health foods, FSMP, drugs, and medical devices advertisement should refrain from using “theories, opinions or the use of scientific journal publication, research reports, clinical evidence and etc beyond what is present in the user manual.”
Second, the advertisements should not involve underage individuals in introducing health foods, FSMP, drugs and medical devices.
The SAMR explained that the proposed changes would reflect and keep up with the fast-evolving advertising models as well as to better protect the rights of underaged consumers.
“As new advertising formats and models have developed rapidly in recent years, the implementation of the interim measures was met with numerous problems related to adaptability and adequacy and needs to be adjusted in time,” it said.
At the moment, it is common to see health foods sold on e-commerce sites to come with advertisements highlighting the science behind the products, such as infographics illustrating the scientific evidence.
Other key changes include amendments made to measure number 7, 12 and 13.
Under measure number 7, it was proposed that apart from health foods, advertisements of other food products should not contain health function claims and should not drop hints on the product’s health functional benefits based on the ingredients used.
For measure number 12, the SAMR has proposed “no circulation of advertisements on drugs, medical devices, health foods, and FSMP on mass media platforms catered to underaged individuals.”
For measure number 13, the SAMR has proposed to ban the sharing of health and wellbeing related knowledge on internet livestreaming in an attempt to advertise drugs, medical devices, health foods, and FSMP.
Product endorsers would also not be allowed to recommend or offer their own testimonies on these products during the livestreaming sessions.
The SAMR explained that these changes would better integrate with the country’s Advertising Law and Measures on the Administration of Internet Advertising 2023. The latter was officially enforced in May, where online knowledge sharing on health and wellbeing in an attempt to sell health foods is not allowed.
The proposed regulations are currently open for public consultation which will end on June 28.
The interim version, which was announced on December 2019 and implemented on March 1, 2020, would no longer be in use once the final regulations are put in place.
