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China Introduces New Regulations for Internet Advertising, Involving Health Food and Food for Special Medical Purposes

The advertisement of health food and FSMP published on Internet should be consistent with the content reviewed by the authority. If any change happens, the stakeholders should apply for review again. It is forbidden to promote health food or FSMP products by introducing healthcare knowledge. It is not allowed to publish health food or FSMP advertisement on social media targeting at minors.

On March 24, 2023, State Administration for Market Regulation (SAMR) promulgated the Administrative Measures on Internet Advertising (hereinafter the “Administrative Measures”). The new regulation replaces Interim Administrative Measures of Internet Advertising and will be effective starting from May 1st, 2023.

Adhere to Interim Administrative Measures on the Review of Health Food, FSMP, Drug and Medical Devices Advertisements, the advertisement of health food and food for special medical purposes (FSMP) must be reviewed before publishing. Furthermore, it stipulates that the advertising content shall be consistent with what have been reviewed by authority, and any editing, stitching, or modifying is prohibited. If there are some changes to the reviewed one, the stakeholders should apply for review again.

Nowadays, advertisements have evolved into various forms, such as knowledge introductions and consumer evaluations. However, according to the new regulation, promoting health food, FSMP, drugs, and medical devices in the form of healthcare knowledge introductions is prohibited. While sharing healthcare knowledge, it is not allowed to present the address, contact information, or online shopping link of the above-mentioned products.

In addition, the stakeholders should not publish advertisement for health food, FSMP, wine, drug, cosmetics & beauty, medical treatment, medical devices and online games that are not conducive to the physical and mental health of minors on social media (like website, apps, etc.) targeting at minors

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