9. Advertising Aspects

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General Foods
Singapore

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

9.1 Applicable Advertising Regulation

Consumer Protection (Fair Trading) Act [1]

All advertisements in Singapore must comply with the Consumer Protection (Fair Trading) Act, which is Singapore’s main consumer protection law.

Based on Section 4 of the Consumer Protection (Fair Trading) Act, it is an unfair practice for a supplier, in relation to a consumer transaction -

to do or say anything, or omit to do or say anything, if as a result a consumer might reasonably be deceived or misled;
to make a false claim;
to take advantage of a consumer if the supplier knows or ought reasonably to know that the consumer —
1. is not in a position to protect his or her own interests; or
2. is not reasonably able to understand the character, nature, language, or effect of the transaction or any matter related to the transaction; or
without limiting paragraphs (a), (b), and (c), to do anything specified in the Second Schedule.

The Second Schedule lists the specific unfair practices including representing that goods or services have sponsorship, approval, performance characteristics, accessories, ingredients, components, qualities, uses, or benefits that they do not have.

Food Regulations [2]

Based on Regulation 12, an advertisement for food, other than a label, must not contain any statement, word, brand, picture, or mark that is prohibited by Regulation 9, other than to the extent permitted under Regulation 9A or B.

Regulation 9(1) states that no written, pictorial, or other descriptive matter appearing on or attached to, or supplied or displayed with food is to include any claim or suggestion whether in the form of a statement, word, brand, picture, or mark purporting to indicate the nature, stability, quantity, strength, purity, composition, weight, origin, age, effects, or proportion of food or its ingredients that is false, misleading or deceptive, or is likely to create an erroneous impression regarding the value, merit or safety of the food.

Regulation 9(2) states that the use of claims for therapeutic or prophylactic action; claims which could be interpreted as advice of a medical nature from any person; claims that food will prevent, alleviate, or cure any disease or condition affecting the human body; and claims that health or an improved physical condition may be achieved by consuming any food, is prohibited unless permitted under Regulation 9A or 9B.

Regulations 9A and 9B permit claims for products added with phytosterols, phytosterol esters, phytostanols or phytostanol esters, barley beta‑glucan or oat beta‑glucan, claims on the source of energy and an excellent source of protein as long as the criteria or conditions stated in the respective regulations are met.

Code of Advertising Practice (not legally binding) [3,4]

That said, advertisements in Singapore are generally self-regulated by the industry [3]. Food businesses are encouraged to refer to the Singapore Code of Advertising Practice [4], administered by the Advertising Standards Authority of Singapore (ASAS), an advisory Council under CASE, on ethics in advertising. The Code of Advertising Practice is not legally binding.

Note: In response to evolving consumer expectations and advancements in advertising platforms, ASAS is reviewing the Code of Advertising Practice so that it is updated to reflect the evolving concerns and address the demands of new technologies. Public consultation closed on 19 April 2024.

Nevertheless, based on Section I(i), Para 4.1 of the Code of Advertising Practice, the ASAS is empowered to ask an advertiser or an advertising agency to amend or withdraw any advertisement that, in the opinion of ASAS, is contrary to the Code [4]. The ASAS is also empowered to ask an advertiser or advertising agency to withhold such advertisement until it has been modified or, in the case where the ASAS has requested further information in order to decide whether an advertisement is contrary to the Code, pending receipt of such information and a decision.

9.2 Specific Restrictions on Advertising

Refer to Section 9.1 above.

9.3 Advertising Approval

Advertising approval is not required from the authorities. Based on Section I(i) Para 3.1 of the Code of Advertising Practice, the Advertising Standards Authority of Singapore is not geared, nor is it intended to become a clearing house for the approval of all advertising [4].