Month: December 2024

For advertisers, after navigating through the initial strategy formulation, plan refinement, and qualification review, only to be thwarted by media platforms repeatedly returning advertising materials and even facing penalties and restrictions from the platforms due to non-compliant materials, it’s a loss that no one wants. The following guidelines from China’s top traffic platforms can help brands avoid pitfalls in advance, thus smoothly advancing their deployment plans.

01 Advertising Must Not Have the Following Circumstances

Use or indirectly use the national flag, national anthem, national emblem, military flag, military anthem, or military emblem of the People’s Republic of China.

Use or indirectly use the name or image of state organs or their staff.

Must not exploit the images of party and state leaders (including various cartoon virtual images), including current, former, or deceased party and state leaders for commercial promotion.

Impair the dignity or interests of the state, or disclose state secrets.

Disrupt social stability or harm the public interest of society.

Endanger personal or property safety, or disclose personal privacy.

Disrupt public order or violate social ethics.

Contain obscene, pornographic, gambling, superstitious, terrorist, or violent content.

Contain content discriminating against ethnicity, race, religion, or gender.

Impede environmental, natural resource, or cultural heritage protection.

Other circumstances prohibited by laws or administrative regulations.

02 Advertising Must Not Contain False or Misleading Content, Must Not Deceive or Mislead Consumers

Advertising should be recognizable, allowing consumers to identify it as such.

Must not disguise advertising in the form of news reports. Advertisements published through mass media should prominently display “Advertisement” to distinguish from other non-advertising information, preventing consumer misunderstanding.

Must not deceive or mislead consumers with non-existent goods or services.

Must not present information about the product’s performance, function, origin, purpose, quality, specifications, ingredients, price, manufacturer, shelf life, sales status, honors received, or promises related to goods or services that do not match the actual situation.

Must not use fabricated, forged, or unverifiable scientific research results, statistical data, survey results, excerpts, quotes, or other information as proof.

Must not fabricate the effects of using products or receiving services.

Apart from the above, must not deceive or mislead consumers with false or misleading content.

Photo by Julian Hochgesang on Unsplash 

03 Prohibition of Using Absolute Phrases Such as “National Level,” “Highest Grade,” “Best,” etc.

Advertising is prohibited from using absolute phrases such as “national level,” “highest grade,” “best,” “top level,” “number one brand,” “elite,” “supreme,” “most popular,” etc. Expressions in the form of “one of the most…” are considered to represent the highest degree of an adjective and are also prohibited in advertising. However, objective statements that meet the following specific conditions can be used:

Objective factual statements, but legal evidence should be provided.

“XX Competition First Place” falls into this category. For example, if an advertiser participates in an authoritative competition or an analysis report issued by an authoritative institution shows their winning rank, such as a design company winning first place in an international competition. If the “national level” title is obtained through legal or administrative authorization (non-authoritative awards without legal or regulatory authorization do not qualify), the standardized name should be allowed for use. Advertisers should provide award certificates, selection results, and other relevant proof documents.

Temporal or spatial order statements, but legal evidence should be provided.

Expressions such as “first model, debut, first release, earliest, exclusive, only” belong to this category. For example, if game company A launches mobile game B for the first time, it can be described as “A’s first mobile game” or “A’s first mobile game.” If advertiser A obtains exclusive authorization for a game, they may use “A’s exclusive release” or “A platform’s first launch” in advertising. Advertisers should provide authorization letters, copyright registration certificates, and other relevant proof documents.

Explicit self-comparison of degree grading.

This refers to the objective existence of different grading quality products in one’s own products, and the use of words to distinguish these grades.

For example: The largest housing model of Company X, the smallest size of Product X, the top configuration model of the X series of cars, the mobile game with the most users of Company X, etc.

Grading recognized by relevant standards in a certain industry field, or grading widely accepted by the public.

For example: In the national standard of Anji white tea, the product is divided into four quality grades: “boutique, special grade, first grade, second grade”. For specific “boutique grade” Anji white tea advertisements called “the highest grade” or “the highest level” usually do not belong to the absolute words prohibited from use. Advertisers need to provide relevant grading basis and grade inspection certificates, and must not promote multiple grades as the highest level at the same time.

Explicitly indicate the business philosophy and pursuit goals of the merchant, and objectively there is no possibility of misleading.

“Customer first, strive for perfect quality” and so on belong to this category. Such expressions must not lead consumers to think that the advertiser’s products and services are “first” or “perfect”, that is, they must not lead consumers to link the advertiser’s business philosophy or pursuit goals with the quality of products and services.

04 Standards for Data and Material Citation

Any content cited in advertising is considered part of the advertising content itself. Therefore, the expression of cited content must also comply with the relevant regulations of the Advertising Law, and the review standards for the expression of cited content are consistent with the general advertising content review standards. When using data, statistical materials, survey results, excerpts, quotes, and other cited content in advertising, it must be true, accurate, and indicate the source. If the cited content has an applicable scope and a validity period, it should be clearly stated. The following are prohibited for cited materials:

Cited materials must not involve the highest level of expression, national level expression, and other content that violates the relevant provisions of the Advertising Law.

Cited materials must not involve obviously false propaganda content.

Cited materials should be consistent with the original content and must not be fabricated, switched, or exaggerated. They must not engage in taking things out of context, concealing facts, distorting the original meaning, or causing misunderstandings among the audience.

It is forbidden to use consumer evaluations, beneficiary images, and other related comments from individual natural persons or users as cited materials.

05 Standards for Patent Expression in Advertising

When using patented products or patent methods in advertising, the patent number and type should be indicated.

Those who have not obtained patent rights must not falsely claim to have obtained patent rights in advertising.

It is forbidden to use patent applications that have not been granted and patents that have been terminated, revoked, or invalidated for advertising.

06 Regarding the Use of Names, Images, Copyright, and Trademarks

Utilizing the name or image of another party (including individuals, enterprises, and other organizations) in advertising requires prior written consent; for those without or limited civil conduct capacity, consent must be obtained from their guardians. Proof of authorization must be provided for such use.

Unauthorized use of others’ works and trademarks is prohibited; consent and proof of authorization are mandatory when needed.

According to the “Trademark Law of the People’s Republic of China,” producers and operators are prohibited from using the term “well-known trademark” on products, packaging, containers, or in advertising, exhibitions, and other commercial activities; the term must not appear in advertisements.

Photo by John Schnobrich on Unsplash

07 Compliance with Advertising Endorsement Rules

An advertising endorser is a natural person, legal entity, or other organization that recommends or certifies goods or services in their own name or image, apart from the advertiser. The following rules must be observed when using an endorser in advertising:

Endorsements must be based on facts, comply with relevant laws and regulations, and must not endorse goods or services that the endorser has not used or received.

Minors under ten years of age may not be used as advertising endorsers. When using minors, verify their age (under ten is prohibited) and obtain authorization from the minor and their legal guardians.

The names or images of medical institutions or doctors must not be used in food advertising. Expert or consumer names or images must not be used to certify specific effects in food advertising.

Investment-expected goods or services, education, and training advertisements must not use the names or images of research institutions, academic bodies, educational institutions, industry associations, professionals, or beneficiaries for recommendations or certifications.

Medical, pharmaceutical, medical device, and health food advertisements must not utilize endorsers for recommendations or certifications.

Advertisements for pesticides, veterinary drugs, feed, feed additives, crop seeds, forest seeds, grass seeds, breeding livestock, and aquaculture must not use the names or images of research institutions, academic bodies, technology promotion organizations, industry associations, or professionals, or users for recommendations or certifications.

Natural persons, legal entities, or other organizations that have received administrative penalties for endorsements in false advertisements within the past three years must not be used as endorsers.

08 Protection Regulations for Minors

Advertisements for goods or services targeting minors under fourteen years of age must not contain the following: 1.1. Encouraging them to demand that their parents purchase the advertised goods or services. 1.2. Content that may prompt imitation of unsafe behaviors.

Mass media targeting minors must not publish advertisements for medical treatment, drugs, health foods, medical devices, cosmetics, alcohol, beauty products, or online games detrimental to the physical and mental health of minors.

09 Prohibition of Disparaging Other Producers’ Goods or Services

Advertisements must not fabricate or invent facts to defame or belittle others’ products or services.

Advertisements must not indirectly belittle others’ products or services by claiming superiority in quality, price, etc.

10 Standardization and Regulation of Advertising Language

Pinyin must not be used in isolation in advertisements; when used, it should be correct, standardized, and appear alongside standardized Chinese characters.

The use of numbers, punctuation, measurement units, etc., in advertisements must comply with national standards and regulations.

Foreign languages must not be used in isolation in advertisements; when necessary, they should complement Mandarin and standardized Chinese characters.

The use of idioms in advertisements must adhere to national regulations and must not mislead or negatively impact society.

Handwritten fonts, artistic fonts, variant characters, and ancient scripts used in advertisements for creative purposes must be recognizable and must not mislead.

The following are prohibited in advertising language and script:

• The use of incorrect characters.
• The use of traditional characters in violation of national laws and regulations.
• The use of obsolete variant and simplified characters.
• The use of obsolete print character forms.
• Other non-standard uses of language and script.

11 Respect for Heroes and Martyrs

Commercial advertisements must not use or indirectly use the names or portraits of heroes and martyrs.

Commercial advertisements must not feature the Monument to the People’s Heroes in Tiananmen Square, Beijing, or any related names, inscriptions, texts, reliefs, graphics, or logos.

Images or videos depicting activities that harm the environment or atmosphere of memorial facilities for heroes and martyrs are prohibited.

No promotion or glorification of aggressive wars or acts of aggression is allowed.

12 Miscellaneous

The maximum value of the top prize in lottery-style promotional sales must not exceed 50,000 yuan.

The depiction of the RMB is prohibited in advertisements.

Content implying “national inspection-exempt products” or similar regarding quality exemption is prohibited.

Advertisements are banned from featuring tobacco, smoking images, including real and cartoon characters, and the promotion of cigarettes and e-cigarettes is forbidden.

Advertisements must not be disguised as news reports.

Advertisements must not contain content such as “special supply” or “exclusive supply” to state organs, with specific requirements as follows:

• Content containing “special supply” or “exclusive supply” to state organs or similar.
• Using names of specific locations or landmark buildings closely associated with state organs, and using state banquets, state guests, etc., to promote “special supply” or “exclusive supply.”
• Falsely using “special supply,” “exclusive supply,” or similar names to sell goods or services, engaging in misleading false propaganda.
• Other content containing “special supply,” “exclusive supply” to state organs, and similar, which may cause adverse social impact.
• Except for the above, if a product is specially made by the manufacturer for a specific region or event (such as special packaging, models), it can be used, such as “exclusively supplied to Hangzhou area.”

Source of featured image: Photo by saira ahmed on Unsplash

David Ogilvy, the Father of Advertising, once said, “Never write an advertisement that you wouldn’t want your family to read. You wouldn’t tell lies to your wife. Don’t tell them to mine.”

This serves as a fundamental principle for advertisers. As a country governed by the rule of law, China has established special guidelines for different industries to protect consumer rights, prevent false advertising, and curb unfair competitive practices. The article will avoid unnecessary trouble for those intending to launch advertisements in China.

We compiled advertising guidelines for 13 special industries in China: pharmaceuticals, dietary supplements, food for special medical purposes (FSMP), medical equipment, food, education and training, real estate, finance, tobacco, alcohol, cosmetics, farming, and animal husbandry and aquaculture, and pesticides. Additionally, regulations for two special types of advertising, involving patents and internet advertising, are consolidated.

01 Medical-Related Sector: the “Three Products and One Device

In China, we have the term “Three Product and One Device” for the medical-related sector, covering 4 major industries: pharmaceuticals, dietary supplements, FSMP, and medical equipment. These industries are related to life and health, hence Chinese Advertising Law particularly requires that advertisements for “Three Product and One Device” must be truthful and legal, must not contain false content, and should provide the right guidance to the target audience. Detailed regulations are as follows:

Pharmaceutical Advertisements

● The content should be based on the instructions approved by the State Council drug regulatory department.
● The content involving the name, indications, or pharmacological effects should not exceed the scope of the instructions.
● The content must prominently display contraindications and adverse drug reactions.
● Prescription drug advertisements should prominently display “This advertisement is intended only for medical and pharmaceutical professionals.”
● OTC drug advertisements should prominently display the logo of OTC and “Please purchase and use according to the instruction or under the guidance of a pharmacist.”

Dietary Supplement Advertisements

● The content should be based on the registration certificate, and the product instruction manual approved by the market supervision department.
● The content must not involve disease prevention or treatment functions.
● The content involving health functions, efficacy components, or significant components and their content, suitable population, or dosage should not exceed the scope of the registration certificate and the product instruction manual approved by the market supervision department.
● The content must prominently display “Dietary supplements are not drugs and cannot replace drug treatment for diseases,” declare that this product cannot replace medication, and prominently display the dietary supplement logo, suitable and unsuitable populations.
FSMP Advertisements
● The content should be based on the registration certificate and product label, instruction manual approved by the State General Administration of Market Supervision.
● The content involving product name, formula, nutritional characteristics, suitable population, etc., should not exceed the scope of the registration certificate, product label or instruction manual.
● The content must prominently display the suitable population, “Not suitable for the non-target population”, and “Please use under the guidance of a doctor or clinical dietitian.”

Medical Equipment

● The content should be based on the registration certificate and product instruction manual approved by the drug regulatory department.
● The content involving the medical equipment name, application scope, mechanism of action, structure, composition, etc., should not exceed the scope of the registration certificate or the product instruction manual.
● For medical equipment advertisements recommended for personal use, it should prominently display “Please read the product instruction manual carefully or purchase and use under the guidance of medical personnel.”
● If the medical equipment product registration certificate contains contraindications or precautions, the advertisement should prominently display “Contraindications or precautions are detailed in the instruction manual.”

02 Food Advertisements

As an old Chinese saying goes, “People attach paramount importance to food.” The food industry relates to people’s livelihood, and the Chinese government has strong supervision on food advertising as below:

● Food advertisements must comply with food safety regulations and must not contain false propaganda or violate food hygiene standards.
● The content must conform to the standards of provisions on food hygiene, such as the main ingredients of the food, production date, shelf life, etc., and must be consistent with the standards.
● The content must not involve medical terminologies or or easily confused with medicines.

03 Education and Training Advertisement

Chinese society generally values the education of the next generation. Moreover, adult education and vocational education in China are developing vigorously. Under such circumstances, Chinese Advertising Law stipulates that education and training advertisements:

● Must comply with the provisions of the Education Law, and must not contain false propaganda or mislead consumers.
● Must truly publicize information such as courses, teachers, certificates, employment rates, etc., and must not exaggerate academic or career prospects.
● Must not use terms such as “national level,” “highest level,” “best,” “top level,” etc., and must provide corresponding proof when used.
● Must not fabricate teacher qualifications or user evaluations
● Must not exaggerate training effects or the strength of the organization.
● Must not use data such as “enrollment rate” or “pass rate” in advertisements unless they are true and the source of proof should be displayed.
● Must not make guaranteed commitments to enrollment or passing exams.
● Must not explicitly or implicitly involve examination institutions or their staff.

04 Real Estate Advertisements

As one of the pillar industries in China, real estate advertisements must comply with the following regulations:

● Comply with national land management regulations and must not contain false propaganda or misleading content to consumers.
● Prohibit exaggeration of project scale, fake sales data, and other false propaganda.
● Housing information should be true, and the area should indicate whether it is the construction area or the interior construction one.
● Must not contain promises of appreciation or investment returns.
● Must not violate national regulations on price management.
● Must not mislead propaganda on facilities under planning or construction.

05 Financial Advertisement

Financial actions have significant impacts on both enterprises and individuals. Therefore, the Chinese government has vigorously regulated financial advertisements to protect the legal property rights and interests of the public. Here are the details:

● The content of financial advertisements should be consistent with the business scope stated in the financial business license or filing documents.
● Financial advertisements must not use or indirectly use the national flag, national anthem, national emblem, military flag, military anthem, military emblem of the People’s Republic of China, the name or image of state organs and state functionaries.
● Financial advertisements must not use national major activities for commercial hype.
● Financial advertisements should be truthful, legal, and honest, and must not contain false or misleading content to deceive and mislead the audience.
● Financial advertisements must not induce the audience to accept inappropriate financial products and services, and should guide investors to act rationally.
● When releasing financial advertisements with investment return expectations, it is necessary to prominently indicate or warn the possible risks and responsibilities in a significant manner. Must not make guaranteed commitments to future effects, benefits, or related situations, and must not explicitly or implicitly promise capital preservation, risk-free, or guaranteed returns, except as otherwise regulated by the state.
● Must not exaggerate false or misleading statements about past performance, and must not use low-probability events to exaggerate product yield or profit range and mislead customers.

06 Tobacco Advertisements

As a special commodity with addictive properties, tobacco does harm to the health of both smokers and the surrounding people. Prohibiting tobacco advertising together with other 100+ countries worldwide, China has made the following restrictive regulations on tobacco advertisements:

● Prohibit releasing tobacco advertisements via broadcasting, film, television, newspapers, periodicals, and other mass media, or in waiting rooms, theaters, conference halls, sports competition venues, public transportation, outdoor areas, and other public places.
● Prohibit sending any form of tobacco advertisements to minors.
● Prohibit using advertisements for other goods or services to promote the name, trademark, packaging, and other similar content of tobacco products.
● In the announcements of relocation, renaming, recruitment, etc., published by tobacco product manufacturers or sellers, the name, trademark, packaging, decoration, and similar content of tobacco products must not be included.

07 Alcohol Advertisements

The term “alcohol” refers to alcoholic beverages, including fermented wines, rectified spirits, blended wines, edible alcohol, and other drinks containing alcoholic ingredients. To protect the physical and mental health of the public and ensure social safety, the Chinese Advertising Law has made restrictive regulations on alcohol advertisements:

● Spirits that are below 39 degrees or have obtained the title of national, ministerial, or provincial excellence, as well as other alcohol that meets the hygiene standards can be advertised.
● Prohibit the use of images, music, animations, etc., related to minors.
● Must not be released in mass media aimed at minors.
● Must not use medical terms or easily confused terms.
● Must not display drinking actions.
● Must not depict activities such as driving a car, a ship, or an airplane.
● Must not explicitly or implicitly suggest that drinking has the effect of eliminating tension and anxiety, increasing physical strength, etc.
● Must not use terms such as “national level,” “highest level,” “best,” etc.
● Must not contain content that induces, encourages drinking, or promotes uncontrolled drinking.

08 Cosmetics Advertisements

Chinese Advertising Law stipulates that the quality of cosmetics must meet hygiene standards, and the description of cosmetics names, effects, and other information in advertisements must be accurate and clear, and must not use medical terms or easily confused with medicines. Detailed regulations are as follows:
● The advertisement should accurately and precisely express the name, efficacy claims, ingredients, efficacy components, quality, usage, origin, price, manufacturer, shelf life, promises, etc., of cosmetics.
● Advertisements must not involve disease treatment functions and must not use medical terms or easily confused terms with drugs or medical equipment, and should avoid using the following medical-related content:
○ Medical cosmetics, prescription, medicinal, Chinese medicine, medical, treatment, injection, stretch marks, various skin disease names, various disease names, and other medical terms.
○ Antibacterial, bacteriostatic, decontamination, sterilization, bactericidal, antiseptic, anti-inflammatory, blood-activating, detoxification, anti-allergy, anti-sensitivity, de-sensitivity, spot removal, spot-free, scar removal, and other terms that explicitly or implicitly indicate medical effects.

Source: Qiantu, licensed for commercial use

09 Advertisements of Farming, Animal Husbandry and Aquaculture

The expression of crop seeds, forest seeds, grass seeds, breeding animals, aquaculture seedlings, planting and breeding advertisements on variety names, production performance, growth or yield, quality, resistance, special usage and value, economic value, suitable planting or breeding range & conditions, etc., should be true, clear, and understandable, and must not contain the following content:

● Make scientifically unverifiable assertions.
● Make assertions or guarantees of efficacy.
● Analyze, predict, or make guaranteed commitments to economic benefits.
● Use the name or image of research institutions, academic institutions, technology promotion institutions, industry associations, or professionals, users for recommendations or proof.

Source: Qiantu, licensed for commercial use

10 Pesticide Advertisements

Pesticides are indispensable to ensure crop production. However, some pesticides are dangerous to different extents. Therefore, the Chinese government has introduced the following restrictions on pesticide advertisements:

● Must not use language that asserts safety such as non-toxic and harmless.
● Must not contain unscientific assertions or guarantees of efficacy.
● Must not contain text, language, or images that violate the routine use of pesticides.
● Must not use the name or image of research institutions, academic institutions, technology promotion institutions, industry associations, professionals, or users for recommendations or proof.
● Must not belittle similar products, or compare the efficacy and safety of other pesticides.
● Must not contain comprehensive evaluation content such as evaluation, ranking, recommendation, designation, selection, winning awards, etc.
● Must not use ambiguous or exaggerated language that might cause misunderstandings about the product’s safety, applicability, etc.

Source: Qiantu, licensed for commercial use

11 Advertisements Involving Patents

Products involving patents are generally more likely to win consumer praise and trust. To maintain a fair competitive market environment, and to protect the legal rights and interests of consumers, Chinese Advertising Law has made the following regulations on advertisements involving patents:

● The patent number and type must be marked.
● The patent information in the advertisement needs to be consistent with the information on the official website of the China National Intellectual Property Administration.
● Products or methods that have not obtained patent rights must not claim to have patent rights in advertisements.
● Prohibit the use of patents that have not been granted rights and patents that have been terminated, revoked, or invalidated for advertisements.

Source: Qiantu, licensed for commercial use

12 Internet Advertisements

With the rapid development of the Internet Industry in China, various forms of Internet advertisements bloom and enrich the advertising ecosystem. To maintain the safety and cleanliness of the network environment and to protect the legal rights of consumers, the Chinese government has made the following regulations and restrictions on Internet advertisements:

● Internet advertisements should be recognizable, allowing consumers to identify them as advertisements.
● For search ads in the manner of bidding and ranking, the advertiser should prominently mark “Advertisement” so that they can be clearly distinguished from natural search results.
● Except for the circumstances where laws and administrative regulations prohibit the release or disguised release of advertisements when promoting goods or services through knowledge introduction, experience sharing, consumer evaluation, and other forms, and attaching shopping links and other purchasing methods, the advertiser should prominently mark “Advertisement.”
● For pop-up Internet advertisements and start-up screen advertisements displayed and released when starting Internet applications, the advertiser and the publisher should prominently mark the close sign to ensure a one-click closure.
● Must not deceive or mislead users to click or browse advertisements in the following ways:
○ False prompts such as system or software updates, error reports, cleaning, notifications, etc.
○ False signs such as play, start, pause, stop, return, etc.
○ False reward promises;
○ Other ways to deceive or mislead users to click or browse advertisements.
● When publishing or sending advertisements on the Internet, do not affect the normal use of the network by users, and do not insert bidding & ranking advertisements in the search results of websites, web pages, apps, WeChat Official accounts, and other platforms related to government services.

Source: Qiantu, licensed for commercial use

The aforementioned regulations and restrictions are meticulously crafted to safeguard consumer rights and foster a robust, ethical landscape for the advertising industry within China. Having acquainted yourself with these guidelines, you are now better equipped to navigate the complexities of launching advertisements in the Chinese market. However, given the intricacies and stringent requirements of legal compliance, it is prudent to consult with professional legal experts before finalizing and executing your advertising strategies.

Featured Image Source: Qiantu, with commercial authorization