Author: Yi, Zhang

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