China Issues Health Food Sector Rectification Campaign (2020-2021)

In order to improve the quality and safety level of health food and protect consumers’ legal rights, 7 departments including SAMR, Ministry of Public Security, Ministry of Commerce and etc. unveiled the “Scheme for Rectification Campaign of Health Food Industry (2020-2021)”, which details the key work and the major measures to improve the health food industry. The campaign will run for over one year and will finish before Oct. 30, 2021. The Administration for Market Regulation at provincial level should submit the working summary by Nov. 30, 2021.

The key work of the campaign

1. Strengthen the supervision of health food production and operation permit.

2. Strictly investigate illegal activities such as changing production technique without authorization, addition of non-edible substances (drugs), or use of non-approved production techniques.

3. Strictly crack down on the false promotion of health care functions and illegal claims about disease prevention and therapeutic functions.

4. Strictly investigate illegal heath food advertisements and promotional activities.

5. Strictly crack down on illegal sale of health food via e-commerce, conference sales, radio and television, telemarketing etc.

6. Strictly crack down on sale of health food using pyramid scheme methods.

7. Widely hold activities to popularize scientific knowledge of health food

Major measures

1. Urge enterprises to assume primary responsibility for health food quality and safety

It will be regulated from the perspectives of health food production permit, routine supervision of the operation and the product label. The health food manufacturers shall follow the Health Food Labelling Warning Language Guide. Only health foods are permitted to use functional claims on labels, advertisements etc. Medicinal or therapeutic efficacy claims are forbidden.

2. Strictly regulate health food fraud and false promotion

Health food advertisement promoting disease prevention and introducing health knowledge will be subject to more stringent supervision in the upcoming campaign. In addition, health food sold online shall also be compliant with the existing laws and regulations.

3. Facilitate health food registration and filing mechanism

The competent authority will optimize the management of health food ingredients. To practice the decision of “comprehensively forbid illegal wildlife trading, abolish consumption of wild animals, and guarantee the health and safety of the public," (hereinafter "the Decision"), it is not allowed to use edible terrestrial wildlife banned in “the Decision” as health food raw materials.

Besides, enterprises can withdraw the registration application for those accepted before the implementation of current “Food Safety Law”, and re-apply according to the new registration requirements.

4. Smoothen the channels for complaints and popularize related knowledge

The government will promote the establishment of a complaints hotline and platforms, and encourage the public to take action against illegal health food production and operation behaviors.