South Korea Cracks Down on Health-Related False Advertising of Food Sold Online

In South Korea, the COVID19 pandemic has precipitated a spike in demand for foods purported to enhance the human immune system and decrease the risk of contracting COVID19. Demand for certain foods has surged. South Korea has strict rules on the advertising of health-related foods with specific requirements on claims related to medical efficacy or efficacy in treatment or prevention of specific diseases. Sale of health-related foods using advertising claims which do not comply with South Korean regulations has also increased during the pandemic. To combat the increased prevalence of illegal advertising, South Korea targeted the online retailers, and shut down illicit activities.

Consumer interest in health-promoting foods is at an all-time high, fueled by anxiety about contracting COVID19. In South Korea, the sales of the health-related food surged by 579% from January 27 to February 11, the sales of vitamin products grew over 2,000% compared to the previous year as published by Statista Research Department ^[1]. However, a concomitant increase in the use of illegal advertising of foods that claim to be effective against COVID 19 appears. MFDS began focused supervision of consumer goods sold online. This campaign began in January. As of May 21, 2020, 972 illegal marketing practices have been identified and rectified. Eight hundred twenty-four of the issues were associated with the violation of food advertising requirements.

MFDS outlined case studies involving the advertisement of products formulated with red ginseng, propolis, and other active ingredients which were sold as being effective in preventing respiratory illnesses and coronavirus:

Case 1

*A. Kajime extract product claiming to prevent coronavirus

Case 2

*B. Ren ginseng product advertised as a preventive against corona by enhancing the immune system

As stipulated in Article 8 of Act on Labeling and Advertising of Foods ^[2], it is forbidden to advertise food to mislead consumers into believing the food is effective in preventing, treating, or curing any disease.

Prohibition of False Labeling & Advertising

(Article 8 of Act on Labeling and Advertising of Foods)

The ban on false labeling or advertising includes:

(1) Labeling or advertising food to mislead consumers into believing that the food is effective in preventing, treating, or curing any disease;

(2) Labeling or advertising food to mislead consumers into believing that the food is a drug;

(3) Labeling or advertising a food mislead consumers into believing that the food is a functional health food;

(4) Labeling or advertising food in a false or exaggerated manner;

(5) Labeling or advertising food in a deceptive manner;

(6) Labeling or advertising any company or its product in a slanderous manner;

(7) Labeling or advertising a company or its food, by means of false comparison with another business entity or its food without objective evidence;

(8) Labeling or advertising in a manner that seriously disturbs public order or social morality using an expression which encourages speculation or is obscene;

(9) Labeling or advertising without a review as required.

MFDS announced it would clamp down on the sale of foods that use illegal advertisements. As articulated within Standards for Prohibited Food Labeling and Advertising ^[3], the business entities in violation of regulations are subject to the following administrative penalties:

Suspension of the business licenses for more than two months;
Revocation of the business licenses or registration;
The shutdown of the business place
Fine

Additionally, the relevant webpages were either closed or deleted as per the powers of the Cyber Investigation Team of MFDS.