On May 29, 2023, the State Administration for Market Regulation (SAMR) released a consultation draft of Administrative Measures on the Review of Health Food, FSMP, Drug and Medical Device Advertisements. This draft revises the Interim Administrative Measures to address issues that have arisen since its implementation. Major revisions include the regulation of internet live-streaming and advertising for health foods and food for special medical purposes (FSMP). Any comments can be submitted before June 28, 2023.
Major revisions to health foods
The draft requires health food advertisements to prominently display the product name.
The Interim Administrative Measures states that health food advertisements shall indicate unsuitable populations. The draft adds that if the registration or filing certificate of the health food does not indicate any unsuitable populations or indicates them as "none", it is not necessary to mention this item in the advertisement.
The draft reinforces supervision over health food function claims. Advertising for food products other than health food must not claim to have health functions, and must not claim or imply health functions by promoting certain ingredients' effects.
Major Revisions to FSMP
The draft requires FSMP advertisements to prominently display the product name.
The draft adds that FSMP advertisement shall prominently indicate the logo of FSMP.
The FSMP Logo
Advertising for specific nutritionally complete formula shall be regulated as prescription drugs.
Other significant revisions
The draft tightens regulations on cited content in advertising. Advertisements must not contain theoretical references and statements beyond instructions, or content from literature, research reports, experimental proof, or other sources.
The draft strengthens the protection of minors' rights and interests. Advertisements must not use minors to introduce drugs, medical devices, health foods, and FSMP products. In addition, advertisements for these products shall not be published on mass media targeted at minors.
The draft reinforces the regulation of internet live-streaming. It is prohibited to indirectly publish advertisements for drugs, medical devices, health foods, and FSMP products in the form of introducing health and wellness knowledge during live streaming. Additionally, it is not allowed to use advertising spokespersons to endorse or prove the effectiveness of these products.
The draft stipulates that the approval period for advertisements of drugs, medical devices, health foods, and FSMP products is two years.
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