Recently, Shanghai Municipal Bureau of Market Supervision issued “the Notice on Carrying out Special Inspection of Food and Drug Advertisements” (hereinafter referred to as the “Notice”).

The Notice focuses on key media and key places, focuses on key illegal acts endangering people's life safety and health, and carries out special inspection on food and drug advertisements from now on to November 15, 2020.

Key Media:

• Traditional media as the newspapers, radios and televisions;
• E-commerce Internet and the third-party Internet platforms for medical and health care;
• News aggregator mobile internet APPs, social media, and video media, and etc;

Key Places:

• Merchandising locations for foods and drugs;
• The surrounding areas of medical institutions;
• The surrounding areas of Import Expo venues;
• Airport, railway, subway and bus stations;
• Chain community media within resident communities and business offices.

Key illegal acts endangering people's life safety and health

• The contents of advertisements for foods and drugs (including medical devices, the same below) are falsely exaggerated, deceptive and misleading to consumers;
• Publication of advertisements for drugs, health food and formula food for special medical purpose without examination or tampering with the approved contents;
• Public media publish advertisements for drugs, health food and formula food for special medical purpose via news report or broadcasting medical and health care-related programs;
• Publication of advertisements which the publication of advertisements is prohibited as narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, and drugs and medical devices for drug addiction treatment, as well as advertisements for prescription drugs on media except for the designated medical and pharmaceutical professional publications;
• Advertisements for drugs, health food or formula food for special medical purpose contain the assertion or guarantee of efficacy or safety;
• Advertisements for medicine, health food and formula food for special medical purpose having advertisement endorses and are recommended or proved by patients and consumers;
• Advertisements for ordinary foods advertise health protective effects or special medical purpose, and foods (including health food, formula food for special medical purpose) advertise the treatment of diseases.

The Notice requires to

• Carry out the supervision measures in and after the advertising and strengthen the monitoring and inspection of food and drug advertisement;
• Ensure the fulfillment of the primary responsibility of advertisers in combination with the "Dual random and one publicity" inspection of the advertisements for drugs, medical devices, dietary supplements and foods for special medical purpose;
• Strengthen the investigation and punishment of illegal advertisements for foods and drugs and expose typical cases;
• Strengthen the whole chain processing of the advertisements for foods and drugs cases.

If you want to read the complete article, you can refer to the below link (in Chinese only): http://www1.shanghaiinvest.com/cn/viewfile.php?id=15297        

If you have any question, please contact me.

Mr. Mike Chang

TEL: 0086-21-68868321 / FAX: 0086-21-68868021