Image of actor Doan Quoc Dam advertising fake milk shared on social networks
In the case of some celebrities being examined and punished by authorities for false advertising, there are questions: what criteria must the advertised products meet? If advertising poor quality products, will there be sanctions?...
Advertising drugs with circulation licenses, advertising milk with standard certificates
The 2012 Advertising Law (as amended and supplemented) clearly stipulates one of the prohibited acts in advertising activities.
It is prohibited to advertise incorrectly or misleadingly about the quantity, quality, price, uses, design, packaging, brand, origin, type, etc. of registered or announced products and goods.
This law It also stipulates that advertising content must be honest, accurate, clear, and not cause damage to producers, businesses, and advertising recipients.
In advertising special products, goods and services, this law sets out many strict conditions.
For example, advertising drugs that are permitted to be advertised under the provisions of the law on health must have a valid circulation license in Vietnam and instructions for use approved by the Ministry of Health .
For example, advertising milk and nutritional products for children that are not prohibited from advertising must have a certificate of standards and a certificate of food hygiene and safety for domestically produced nutritional products.
In case of imported nutritional products, there must be a product quality certificate from the competent authority of the manufacturing country and a circulation license...
Celebrities who have participated in false advertising have been or are being called out by public opinion as the ones who convey the advertised product.
The advertiser will be responsible for the quality and effectiveness of the product.
As for those who deliver advertising products, which are often artists, celebrities, or people with great influence on social networks who can have a great impact on society, current laws do not regulate their rights and obligations.
Currently, according to the Code of Conduct for Artists (Decision 3196/2021 of the Ministry of Culture, Sports and Tourism), singers, actors... are only recommended to:
"Participating in advertising activities must ensure the transmission of truthful, accurate, and clear information about the uses and features of products and goods in accordance with the provisions of law, especially products in the fields of health,education , and environment."
In the future, celebrities may be held directly responsible for advertising content.
Instead of focusing mainly on the responsibilities of organizations and individuals trading in goods and services as at present, the second draft (2024), the Law amending and supplementing a number of articles of the Law on Advertising (drafted by the Ministry of Culture, Sports and Tourism) stipulates additional rights and obligations of those who convey advertising products.
According to this bill, the person who delivers advertising products is the person who directly brings advertising products to the public through his/her activities on social networks or displays advertising products on his/her person through wearing, hanging, attaching, pasting, drawing or similar forms.
The person delivering the advertising product has the following rights and obligations: checking documents related to the advertising conditions of the organization, individual, product, goods, and service to be advertised.
Directly responsible for advertising content related to features, quality, uses, effects of products, goods, services; request appraisal of advertising products...
Also according to the bill, influencers (experts, prestigious people, people who receive social attention in specific fields and professions as prescribed by the Government) when posting opinions and feelings about the use of goods and services on social networking sites must have specific evidence of direct use of the product.
Source: https://tuoitre.vn/nguoi-noi-tieng-chiu-trach-nhiem-ra-sao-ve-chat-luong-san-pham-quang-cao-20250417144832889.htm
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