What are the provisions of China s laws on the advertising of food

1. Name of illegal act: the act of making false claims about food quality in advertisements to deceive consumers.

2. Law enforcement basis:

Article 94 of the Food Safety Law of the People's Republic of China.

Article 37 of the Advertising Law of the People's Republic of China.

Article 59 of the Measures for the Supervision and Administration of Food Safety in Circulation.

3. Law enforcement countermeasures and illegal acts:

Anyone who violates the provisions of the Food Safety Law of the People's Republic of China by making false claims about the quality of food in advertisements and deceiving consumers shall be punished in accordance with the provisions of the Advertising Law. Where the provisions of this Law are violated by the food safety supervision and administration department or the institution responsible for food inspection, the food industry association, or the consumer association recommends food to consumers in advertising or other forms, the relevant competent department shall confiscate the illegal gains.

Where the "Advertising Law of the People's Republic of China" is violated by using advertisements to falsely advertise goods or services, the advertising oversight and management organs are to order the advertiser to stop publishing and publicly correct and eliminate the impact within the corresponding scope with the same amount of advertising costs, and impose a fine of between 1 and 5 times the advertising costs; confiscate advertising fees from responsible advertising agents and advertisement publishers, and impose a fine of between one and five times the advertising costs; where the circumstances are serious, stop their advertising operations in accordance with law. where a crime is constituted, criminal responsibility is pursued in accordance with law.

4. Law enforcement body: Yueyang Municipal Administration for Industry and Commerce.

5. Law enforcement procedures: Illegal acts are discovered, case is filed, investigated, verified, informed, and administrative punishment decisions are made and implemented.

6. Law enforcement content:

Anyone who violates the provisions of the Food Safety Law of the People's Republic of China by making false claims about the quality of food in advertisements and deceiving consumers shall be punished in accordance with the provisions of the Advertising Law. Where the provisions of this Law are violated by the food safety supervision and administration department or the institution responsible for food inspection, the food industry association, or the consumer association recommends food to consumers in advertising or other forms, the relevant competent department shall confiscate the illegal gains.

Where the "Advertising Law of the People's Republic of China" is violated by using advertisements to falsely advertise goods or services, the advertising oversight and management organs are to order the advertiser to stop publishing and publicly correct and eliminate the impact within the corresponding scope with the same amount of advertising costs, and impose a fine of between 1 and 5 times the advertising costs; confiscate advertising fees from responsible advertising agents and advertisement publishers, and impose a fine of between one and five times the advertising costs; where the circumstances are serious, stop their advertising operations in accordance with law. where a crime is constituted, criminal responsibility is pursued in accordance with law.

According to Article 94 of the Food Safety Law, anyone who violates the provisions of this Law by making false claims about the quality of food in advertisements and deceiving consumers shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.

The content of food advertisements shall be true and legal, shall not contain false content, and shall not involve disease prevention and function.

The legal basis is the Food Safety Law

Article 73: The content of food advertisements shall be true and legal, shall not contain false content, and shall not involve disease prevention or function. Food producers and traders are responsible for the authenticity and legality of the content of food advertisements.

The people's food safety supervision and management departments at or above the county level and other departments of Chang and the customs shall not recommend food to consumers in the form of advertisements or other forms. Consumer organizations must not recommend food to consumers by charging fees or other methods for profit.

Article 74: The State shall strictly supervise and administer special foods such as health foods, formula foods for special medical purposes, and formula foods for infants and young children.

Article 75: Health foods shall have a scientific basis for claiming health care functions, and shall not cause acute, subacute or chronic harm to the human body.

The catalogue of raw materials of health food and the catalogue of health functions that allow health food claims shall be formulated, adjusted and published by the food safety supervision and management department in conjunction with the health administrative department and the state administration department of traditional Chinese medicine.

The catalogue of health food raw materials shall include the name of the raw materials, the dosage and the corresponding efficacy; The raw materials included in the catalogue of health food raw materials can only be used in the production of health food, and shall not be used in the production of other foods.

Answers]: a, b, c, d

This question tests the general knowledge of the law. According to Article 18 of the Advertising Law, "Advertisements for health foods shall not contain the following contents:

1) Assertions or warranties indicating efficacy or safety; (2) Involving disease prevention and function; (3) Claiming or implying that the advertised goods are necessary for the protection of health;

4) Comparison with medicines and other health foods; (5) Using advertising spokespersons to make recommendations and testimonials; (6) Other content prohibited by laws and administrative regulations. Advertisements for health foods shall prominently indicate that 'this product is not a substitute for medicine'. ”

Item A is incorrect, "taking A health food can effectively prevent diabetes", which involves disease prevention and acorn function, which violates the law (2).

(b) and (d) are incorrect, "taking B health food is necessary to protect the bone health of the elderly" and "buying B health food is an investment that smart people will make for their health", all of which claim or imply that the advertised goods are necessary to protect health, which violates the law (3).

Item C is incorrect, "the effect of taking C health food has been recommended and proven by a celebrity", using an advertising spokesperson to make recommendations and proofs, violating legal provisions (5).

This question is non-selective, so the correct answer is ABCD.

Answers]: a, b, c, d

This question tests the general knowledge of the law. According to Article 18 of the Advertising Law, "Advertisements for health foods shall not contain the following contents:

(1) Assertions or warranties of efficacy or safety; (2) Involving disease prevention and function; (3) Claiming or implying that the advertised goods are necessary for the protection of health; 4) Comparison with medicines and other health foods; (5) Using advertising spokespersons to make recommendations or testimonials; (6) Other content prohibited by laws and administrative regulations. Advertisements for health foods shall prominently indicate that 'this product is not a substitute for medicine'. Item A is incorrectly called, "taking a health food can effectively prevent diabetes", which involves disease prevention and function, and violates the law (2).

Errors in items (b) and d, "taking B health food is necessary to ensure the bone health of the elderly" and "buying B health food is an investment that people who are smart and will make for their health" all claim or imply that the advertised product is necessary to protect health, which violates the law (3). Item C is incorrect, "the effect of taking C health food has been recommended and proven by a celebrity", using an advertising spokesperson to make recommendations and proofs, violating legal provisions (5). This question is non-selective, so the correct answer is ABCD.

Interim Provisions on the Publication of Food Advertisements, Decree No. 72 of the State Administration for Industry and Commerce on December 30, 1996, and Decree No. 86 of the State Administration for Industry and Commerce on December 3, 1998. New resource food refers to the food produced by the newly developed, newly developed and newly introduced items that have no eating habits or only have eating habits in individual areas and meet the basic requirements of food.

1. Advertisers publishing food advertisements shall have or provide the following true, lawful and valid supporting documents:

1) Business license;

b) Sanitation permit;

3) Health food advertisements shall have or provide the "Health Food Approval Certificate" and "Imported Health Food Approval Certificate" issued by the health administrative department;

4) Advertisements for new resource foods shall have or provide the health review and approval documents for the trial production of new resource foods or the hygiene review and approval documents for new resource foods of the health administrative department;

5) Advertisements for special nutritious foods shall have or provide the approval documents for production approved by the provincial-level health administrative departments;

6) Advertisements for imported food shall have or provide certification documents for production approved by the exporting country (region), a health certificate issued by the import food hygiene supervision and inspection agency at the port, and a Chinese label;

7) Other supporting documents on the veracity of the advertisement's content.

2. Content requirements for food advertisements.

1) The content of food advertisements shall be true and lawful, and shall not contain false content.

2) The content of food advertisements shall not involve disease prevention or function.

3) Food producers and traders are responsible for the authenticity and legality of the content of food advertisements.

4) Specific entities must not recommend food to consumers through advertisements or other forms.

5) Provisions on the particularity of food advertising.

3. What are the types of food advertisements?

1. Ordinary food advertising;

2. Health food advertising;

3. New resource food advertising;

4. Advertisements for special nutritious foods.

Legal basis

Article 2: Food advertisements referred to in these Provisions include advertisements for ordinary foods, health foods, new resource foods, and special nutritional foods. Health food refers to food that has specific health care functions, is suitable for specific groups of people, has the function of regulating the body, and is not aimed at disease.