Taiwan Releases Principles Dealing with Advertisements for Infant and Follow-up Formula, which Benefits Online Sales

On February 14, 2023, Taiwan unveiled the Principles Dealing with Advertisements for Infant and Follow-up Formula (hereinafter referred to as the Principles), which clarifies the advertisements definition and online sales for infant formula, follow-up infant formula, and infant formula for special medical purposes designed for consumers under the age of one. The Principles are supplementary administrative rules instead of regulatory orders, which became effective on the date of the announcement.

In Taiwan, infant and follow-up formula shall be prohibited from advertisement, as per the Regulations Governing the Management of Infant and Follow-up Formula Advertisement and Sales Promotion (hereinafter referred to as the Regulations). Due to the difficulty in clarifying online sales and advertisements in the past, most businesses have adopted a conservative approach, which means they simply refrained from selling infant and follow-up formula online, despite the fact that online sales have never been banned statutorily.

With the Principles in place, online sales such as a stand-alone website with a clear statement of the benefits of breast breeding but no sales promotion will not be considered advertisements, so that this situation will not be in breach of the Regulations.

For translation services of the Principles, please contact us.