9. Advertising Aspects

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Beers, RTDs, and Whisky
Taiwan

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

9.1 Applicable Advertising Regulation

General Food

There are a couple of rules relevant to Food Advertisements in Taiwan. The key regulation is in the Taiwan Consumer Protection Act [1], which is administered by the Consumer Protection Committee.

According to Article 23 of Enforcement of the Consumer Protection Act in Taiwan [2], advertisements are defined as “disseminating messages or content of promotion by means of television and radio broadcasting, films, slides, newspapers, magazines, flyers, posters, signboards, arches, computers, facsimiles, electronic video, electronic voice mail or others, to the general public.”

Companies are responsible for ensuring that advertisements are not exaggerated or misleading. They must also ensure there is sufficient evidence to prove the advertisement is truthful. As stated in the Article 24 of the Enforcement Act, “When competent authorities consider the advertisement contains false, exaggerated, sufficiently misleading information, which may affect the rights of consumers, the authorities may notify the traders to provide information in proving the claims made in such advertisement”.

Besides the Consumer Protection Act, advertisement of food products should also comply with Article 28 of the Act Governing Food Safety and Sanitation [3].

Category

Alcoholic drinks

The key regulation on the control of alcoholic drinks is the Tobacco and Alcohol Administration Act [5] which has specified the restriction and mandatory warning statements required for display on the advertisement material (see Section 9.2 below).

Product

Beer, RTDs, and Whisky

Same as "Category" (alcoholic drinks) above.

9.2 Specific Restrictions on Advertising

General Food

According to Article 28 of the Act Governing Food Safety and Sanitation and the Consumer Protection Act, the advertisement should not be false, exaggerated, or misleading.

In addition, foods cannot be promoted or advertised as having medical efficacy. There is also a restriction on advertisements, for example ban on TV advertisements at certain times for snacks, candies, drinks, ice products, and the food products sold by food suppliers for direct consumption, which are not suitable for long-term consumption by children under 12 years of age and contain one of the following nutritional contents:

Calories from fats accounting for more than 30% of the total calories.
Calories from saturated fats accounting for more than 10% of the total calories.
Sodium content higher than 400 milligrams (400 mg) per serving.
Calories from added sugar accounting for more than 10% of the total calories. [4]

Category

Alcoholic drinks

Article 37 of the Tobacco and Alcohol Administration Act [5] lays out the specific requirements for the advertisement of alcoholic drinks:

“Alcohol advertisements and promotions shall be conspicuously labeled with the warnings "Driving After Drinking is Prohibited," and further with a second warning such as "Excessive Drinking Endangers Health," or other warnings, and shall not involve any of the following:

Violation of public order and good morals.
Encouraging or advocating the consumption of alcohol.
Targeting children or youths, or harming the mental and physical well-being of children, youths, or pregnant women.
Content that is deceptive, exaggerated, fabricated, or easily misinterpreted.
Labeling, advertising, or promotions that implicitly or explicitly indicate medical or health effects.
Other matters whose prohibition is publicly announced by the central competent authority.”

In addition, the alcohol product should not be advertised to mislead people into believing that the product is not an alcohol product.

Retailers selling alcoholic drinks should also conspicuously display the following warning text and images at the entrance and exit of their retail venue or other appropriate locations:

"Don’t Drink and Drive."
"Sale of alcohol to anyone under 18 is prohibited."
"This establishment does not sell alcohol to anyone under 18."

The detailed guidance on how to display the warning statements can be found in the Enforcement Rules of the Tobacco and Alcohol Administration Act [6].

Product

Beer, RTDs, and Whisky

Same as "Category" (alcoholic drinks) above.