9. Advertising Aspects

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General Foods
Hong Kong

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

9.1 Applicable Advertising Regulation

In Hong Kong, advertising is not regulated by a single piece of legislation but by various related laws.

Under Part V of the Public Health and Municipal Services Ordinance (Cap. 132) ("PHMSO") [1], it is an offense to publish an advertisement that falsely describes food or is likely to mislead as to the nature, substance, or quality of food.

The Trade Descriptions Ordinance (Cap. 362) [2] generally provides that descriptions/statements made with respect to a product being distributed and sold in Hong Kong must be true and not misleading and sets out particular offenses triggered by false trade descriptions or unacceptable trade practices.

There are also non-legally binding advertising standards that may apply, namely the Generic Code of Practice on Television Advertising Standards and the Radio Code of Practice on Advertising Standards [3]. Both advertising standards contain rules that pertain to advertisements including claims relating to nutrition or dietary effects, as follows:

claims of effects or treatment for conditions of health for which qualified medical attention or advice should reasonably be sought are not acceptable;
specific claims for the nutritional value of food must be supported by sound scientific evidence and must not give a misleading impression of the nutritional or health benefits of the food as a whole;
advertisements for dietary supplements, including vitamins or minerals, must not state or imply that they are necessary as additions to a balanced diet in order to avoid dietary deficiency or that they are the only means to enhance normal good health;
no advertisements should encourage patterns of behaviors that are prejudicial to health;
advertisements making nutritional and dietary claims are required to comply with rules governing professional advice and support;
the licensee must ensure that the advertisements that make claims relating to nutrition or dietary effects comply with all relevant legislation; and
no advertisements for products, services, and establishments that offer or provide treatment aimed at the achievement of weight loss or reduction of body fat are acceptable unless these advertisements state that their services/products are an adjunct to having a balanced/healthy diet to achieve such effect.