9. Advertising Aspects

General Foods
South Korea

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

9.1 Applicable Advertising Regulation

The below advertising activities are prohibited according to article 8 of the Food Labeling and Advertising Act [1].

1. Labels or advertisements that may be perceived as effective in preventing or treating diseases
2. Labeling or advertising that may cause food, etc. to be perceived as medicine.
3. Labeling or advertising that may cause a non-health functional food to be perceived as a health functional food.
4. False or exaggerated labeling or advertising
5. Labels or advertisements that deceive consumers
6. Displays or advertisements that disparage other companies or their products
7. Labeling or advertisement that unfairly compares oneself or one's food, etc. with that of another business operator or other business operator's food without objective evidences.
8. Labeling or advertisements that significantly violate public morals or social ethics by encouraging speculative behavior or using obscene expressions.
9. Labeling or advertising that may cause misidentification or confusion as the product by using the same or similar name, trademark, container, packaging of a product other than food
10. Labels or advertisements that have not been reviewed by deliberation committee or that do not comply with the review results in violation of article 10 of food labeling and advertising act.

If you advertise or intend to advertise food, you must undergo review by the Food Labeling and Advertising Deliberation Committee. Foods subject to review include:

1. Special nutritional food
2. Food for special medical purposes
3. Health functional food
4. Food with functional labeling

9.2 Specific Restrictions on Advertising

Compliance requirements for food advertising according to Table 6 under Article 8 of the Enforcement Rule of Food Labeling and Advertising Act [2]:

1. When advertising food through television and printed materials, the product name and the name of the business that manufactures, processes, handles, and sells (referring to the name of the business that has been licensed, registered, or reported to the competent government office) must be included in the advertisement. 

2. In the case of imported food, the product name, country of manufacture (or country of origin), and name of the business importing or selling imported food must be included in the advertisement.

3. Foods used as a substitute for breast milk (formulated milk - processed to resemble the ingredients of breast milk by adding raw milk or milk products as the main ingredient and adding nutrients necessary for the growth and development of infants) are prohibited, 

4. When advertising baby food for infants and toddlers or food manufactured/processed for the purpose of nutritional supplementation, advertising that may confuse consumers must not be done by using the same name as formulated milk or a similar name.

3. Regarding infant formula, advertising or sales promotion activities that fall under any of the following items must not be carried out:

1. Advertising through newspapers, magazines, radio, television, music, video, print materials, signs, the Internet, and other methods. But this excludes cases where information is posted on the Internet in accordance with the provisions of information for people with disabilities, labeling nutritional facts, and sodium content by articles 4 to 6 of the Food Labeling and Advertising Act [1].
2. Sales promotion activity that supplies formulated milk to medical institutions, maternal and child health facilities, consumers, etc. free of charge or at a low price. 
3. Recruiting promotional groups, tasting groups, and evaluation groups.
4. An act of encouraging a manufacturer to have consumers write reviews and post them on the website.
5. The act of a consumer writing a review, etc., and linking it to the manufacturer's website or posting it directly.
6. Other acts recognized by the Minister of Food and Drug Safety as advertising or sales promotion activities aimed at increasing sales of manufactured milk.

9.3 Advertising Approval

1. Approval authority is MFDS according to Article 10 of Food Labeling and Advertising Act [1]

2. Deliberation process for foods subject to advertising deliberation(Website of Korea Food Industry Association at http://ad.kfia.or.kr/company/contents/intro/process.do?menuKey=355)

1. Submission with documents described below through website at http://ad.kfia.or.kr/company/user/loginForm.do?menuKey=341
   1. Advertisement content
      1. Print media: advertising text, pictures, etc.
      2. Broadcasting media: Video, script, subtitles, diagrams, pictures, etc. of broadcast content
   2. Food manufacturing report or import declaration (limited to imported foods for which the import declaration has been completed)
   3. Explanatory note for the product 
   4. Business registration certificate
2. Preparing deliberation meeting materials and confirming documents
3. Deliberation of advertisement by deliberation committee
4. Notification of review result
5. Advertisement is possible if compliant

3. Cost: 165,000(excluding VAT)

4. Duration: 20 days based on working day 

9.4 Other Notes or Requirements for Advertising

None.

9.5 References

1. Food labeling and advertising act 

https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%9D%ED%92%88%EB%93%B1%EC%9D%98%ED%91%9C%EC%8B%9C%E3%86%8D%EA%B4%91%EA%B3%A0%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0

2. Enforcement rule of food labeling and advertising act 

https://www.law.go.kr/%EB%B2%95%EB%A0%B9/%EC%8B%9D%ED%92%88%EB%93%B1%EC%9D%98%ED%91%9C%EC%8B%9C%E3%86%8D%EA%B4%91%EA%B3%A0%EC%97%90%EA%B4%80%ED%95%9C%EB%B2%95%EB%A5%A0%EC%8B%9C%ED%96%89%EA%B7%9C%EC%B9%99