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China State Council Releases Plan to Control Health Food Fraud and False Claims

On 13th July, China State Council announced the publication of a plan for the control of fraud and false claims in food and health food products.

The purpose of State Council plan for the control of frauds and false claims in food and health food products is to implement the “Chinese Food Safety law” and the “four crucial points” (namely 1-highlight civil compensation responsibilities 2-strengthen and refine administrative sanctions 3-tackle conflicts of jurisdiction in the field of food safety 4-strengthen supervisor responsibilities) enhancing supervision on business operations and imports as well as building companies’ legal consciousness, stamp out illegal operations and ensure consumer rights and legal protection.

Fields of application

State Council designated five areas in which the program will be enacted:

a) Food and health food that has been produced, operated and/or imported but lacks approval from authorities
b) Food and health food marketed using fraudulent claims on the label
c) Internet, conference marketing, television shopping, direct sales, telephone sales, and other sales methods that feature illegal advertising and/or frauds;
d) Advertisement for Health food for which inspection notification has not yet been released as well as spread of false claims;
e) Any other activity involving frauds and false claims and any other relevant illegal conduct.

Planned Measures, schedule and assumption of responsibility

State Council’s program also indicates the main measures to be adopted in order to achieve the planned goals.

  • Clarify industry responsibility. This involves clarifying manufacturers and operators’ responsibilities and increasing legal responsibility of third party managers, advertisement companies and importers

  • Supervise and enforce legal responsibility at all administrative levels. The program aims to do so by increasing serious inspections on production and operational units as well as on businesses without a physical shop. This objective will be met also by doing sampling inspections on companies suspected of using illegal additives and misleading claims and by worsening punishments for violations. The plan also aims to encourage society participation.

State Council’s document also provides a schedule and an assumption of responsibility.    

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