9. Advertising Aspects

General Foods
China

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

9.1 Applicable Advertising Regulation

1. Food Safety Law of the People’s Republic of China [1]
2. Advertising Law of the People's Republic of China [2]

9.2 Specific Restrictions on Advertising

According to “Food Safety Law of the People’s Republic of China “[1], the content of food advertisements shall be true and legal, shall not contain false content, and shall not involve the function of disease prevention and treatment. Food producers and traders shall be responsible for the authenticity and legality of the contents of food advertisements.

According to “Advertising Law of the People's Republic of China” [2], the following requirements are mandatory:

1. The advertisement Shall NOT contain any of the following:

1. The use or disguised use of the national flag, national anthem, national emblem, military flag, military song and military emblem of the People's Republic of China.
2. The use or disguised use of the names or images of state organs and their functionaries.
3. Use terms such as "national", "highest”, “best", etc. absolutist terms.
4. Harm the dignity or interests of the state, divulge state secrets.
5. Impeding social stability and harming social public interests.
6. Endanger personal and property safety, divulge personal privacy.
7. Impeding social public order or violating social good manners.
8. Contains obscenity, pornography, gambling, superstition, terror, and violence content.
9. Contains ethnic, racial, religious, and sexist content.
10. Impeding the protection of the environment, natural resources, or cultural heritage.
11. Other circumstances prohibited by laws and administrative regulations.

2. With the exception of advertisements for medical treatment, drugs, and medical devices, it is prohibited to use any other advertisements involving the function of disease treatment, and may not use medical terms or terms that may easily confuse the marketed commodities with drugs and medical devices.

3. Where the matters involved in the content of an advertisement need to obtain an administrative license, it shall be consistent with the content of the license. Where an advertisement uses data, statistics, survey results, abstracts, quotations, etc., it shall be true, and accurate and indicate the source. Where the content of the citation has a scope of application and validity period, it shall be clearly stated.

4. An advertisement that deceives or misleads consumers with false or misleading content shall constitute a false advertisement. An advertisement is a false advertisement under any of the following circumstances:

1. Goods or services that do not exist.
2. The performance, function, origin, use, quality, specifications, ingredients, price, producer, validity period, sales status, honors, and other information of the commodity, or the content, provider, form, quality, price, sales status, honors and other information related to the commodity or service does not conform to the actual situation, has a material impact on purchasing behavior.
3. Using fictitious, forged, or unverifiable scientific research results, statistical data, investigation results, abstracts, quotations, and other information as evidence.
4. Fictitious effects of using goods or receiving services.
5. Other circumstances in which false or misleading content is used to deceive or mislead consumers.

9.3 Advertising Approval

According to the “Food Safety Law of the People’s Republic of China “[1] and the “Advertising Law of the People's Republic of China “[2], General Foods advertising is not required to be approved before publication by SAMR. However, the content and behavior of General Foods advertising shall not violate the “Food Safety Law of the People’s Republic of China “[1], “Advertising Law of the People's Republic of China “[2], and other relevant laws and regulations.

9.4 Other Notes or Requirements for Advertising

N/A

9.5 References

1. Food Safety Law of the People’s Republic of China 

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_6bff4ef87291497fa72949e1fc88efb5.html 

2. Advertising Law of the People's Republic of China 

https://www.samr.gov.cn/zw/zfxxgk/fdzdgknr/fgs/art/2023/art_5474cf75173c45d6a0379730fb4e8d97.html