Proposed series of new regulations to 'tighten' false advertising of cosmetics, functional foods, and milk

The draft decree detailing a number of articles and guiding the implementation of the Law on Advertising has added new regulations to 'tighten' false advertising of functional foods and milk.

Many celebrities, doctors, and others involved in advertising for the milk company are facing disciplinary action - Screenshot

The Ministry of Culture, Sports and Tourism is seeking feedback on a draft decree detailing certain provisions and guidelines for the implementation of the Advertising Law. The new law was passed by the National Assembly at its 9th session and will take effect from January 1, 2026.

Proposed list of 11 product and commodity groups that affect human health.

Notably, the draft decree has supplemented and refined regulations on special products, goods, and services.

Supplementing regulations with specific requirements regarding mandatory advertising content, advisory content, warning content, and prohibited advertising practices for each product group.

Clearly defining management responsibilities among ministries and agencies (Ministry of Health, Ministry of Agriculture and Environment , etc.) contributes to improving the effectiveness of advertising content control and protecting consumer rights.

The draft decree specifically lists 11 groups of special products, goods, and services that have a direct impact on human health and the environment.

This includes cosmetics; food; milk and nutritional products for young children that are not covered by Clause 4, Article 7 of the Advertising Law.

Chemicals and insecticides; medical equipment; medical examination and treatment services; pesticides, veterinary drugs, animal feed, fertilizers, plant seeds; alcoholic beverages.

Simultaneously, the possibility of adding other products, goods, and services will be expanded as stipulated by the Government in each period.

Tightening advertising regulations for cosmetics, dietary supplements, and milk.

Regarding cosmetics , the draft clearly states that advertisements must not mislead consumers into believing the product is medicine. Cosmetic advertisements must not use images, clothing, names, letters, or articles from medical facilities, doctors, pharmacists, or other healthcare professionals.

Cosmetic advertisements must include mandatory information such as the name of the cosmetic product; its features and uses; the name and address of the organization or individual responsible for bringing the product to market; and warnings as required by international agreements.

If the name of the cosmetic product already includes information about its features and uses, then this information does not need to be included in the product advertisement.

Advertisements for cosmetics on radio and television must clearly state the name of the cosmetic product; its features and uses; and any warnings as required by international agreements.

Functional foods, health supplements, dietary supplements, medical nutritional foods, and foods for special diets must have a clear identifying phrase and a warning stating, "This product is not a medicine and does not have the effect of replacing medicine."

This content must be clearly displayed, except for audio advertisements under 15 seconds, but it must be included within the advertisement content.

According to the draft regulations, food advertisements must include mandatory information such as the name of the food; the name and address of the organization or individual responsible for the product; and the name and address of the product manufacturer.

The draft also clearly stipulates that advertisements must include information about the product's uses and health warnings (if any).

Regarding milk and nutritional products for young children, the draft decree mandates that advertisements must include the statement "breast milk is the best food for the health and comprehensive development of young children" at the beginning of the advertisement.

Clearly state that "this product is a supplementary food and should be given in addition to breast milk for children over 6 months of age."

New regulations on healthcare-related advertising.

Regarding advertising for medical devices, the draft clearly states that it must include the name of the medical device, type, manufacturer, and country of origin. It should also include features, effects, instructions for use, and storage conditions (if applicable).

Name and address of the owner of the registration number; establishment that buys, imports, or transfers medical devices.

Regarding advertising of medical examination and treatment services, the draft regulations stipulate that it must include the name and address of the medical facility. The scope of professional activities must be approved by the competent health authority in accordance with the law on medical examination and treatment.

According to the draft, advertisements for chemicals and insecticides/bactericides used in households and healthcare must include the name of the chemical or insecticide/bactericide used in households and healthcare.

Features and uses; name and address of the owner of the registration number. Recommendation: "Read the instructions carefully before use."

Warning information about the hazardous properties of chemicals and instructions for preventing harm from them.

FINAL

Source: https://tuoitre.vn/de-xuat-loat-quy-dinh-moi-siet-quang-cao-my-pham-thuc-pham-chuc-nang-sua-sai-su-that-20250715155108661.htm