9. Advertising Aspects

Foods for Specified Health Uses (FOSHU)
Japan

This section provides information on regulations on advertising and if there are any restrictions or approval processes.

9.1 Applicable Advertising Regulation

General Food

Advertisement foodstuff/general food is subject to Article 65 of the Health Promotion Act (Act No. 103 of 2002) [1] and the Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962) [2] that prohibits false and misleading advertisement.

Category

Same as above.

Product

Same as above.

9.2 Specific Restrictions on Advertising

General Food

Advertisements about food products shall not be false and misleading. A business operator shall not display any of the following items with respect to transactions of goods supplied by the business operator:

1. Demonstrating to general consumers that the quality, standards, or other details of goods are significantly better than the actual ones, or supplying goods of the same kind or similar to those of the relevant business operator, contrary to fact is markedly superior to that of other business operators who are doing business, and it is recognized that there is a risk of unfairly soliciting customers and hindering the voluntary and rational choice of general consumers. 

2. Demonstrating that the price of goods or other terms of trade is significantly more favorable to the other party than the actual ones or those of other business operators who supply the same or similar goods or services as the business operator concerned; labeling that is misleading to general consumers and is recognized as likely to induce customers unfairly and hinder voluntary and rational choices by general consumers.

3. In addition to what is listed in the preceding two items, any indication that is likely to mislead general consumers with respect to matters relating to transactions of goods, unfairly induces customers, or is likely to impede voluntary and rational choice by general consumers.

Category

Same as above.

Product

Same as above.

9.3 Advertising Approval

General Food

No approval is required.

Category

Same as above.

Product

Same as above.

9.4 Other Notes or Requirements for Advertising

None.

9.5 References

1. Health Promotion Act (Act No. 103 of 2002)

https://elaws.e-gov.go.jp/document?lawid=414AC0000000103 (in Japanese)

2. Act against Unjustifiable Premiums and Misleading Representations (Act No. 134 of 1962)

https://www.japaneselawtranslation.go.jp/ja/laws/view/2888 (in Japanese)