Food advertising must contain mandatory information

VHO - The draft Decree detailing a number of articles and guiding the implementation of the Advertising Law is being widely consulted. The Ministry of Culture, Sports and Tourism proposes requirements for advertising content of special products, goods and services.

Authorities inspect the business of functional foods (illustrative photo)

Accordingly, in Chapter II, the draft Decree has supplemented and completed regulations on special products, goods and services. At the same time, it has supplemented specific regulations on mandatory advertising content, recommended content, warning content, and prohibited behaviors in advertising for each product group.

11 special groups of products, goods and services

The draft Decree specifically lists 11 groups of products, goods and special services that have a direct impact on human health and the environment, including: Cosmetics; Food, functional foods, food supplements, medical nutritional foods, foods for special diets; Milk and nutritional products for young children not specified in Clause 4, Article 7 of the Law on Advertising; Chemical preparations for killing insects and bacteria for household and medical use; Medical equipment; Medical examination and treatment services; Plant protection drugs, veterinary drugs, animal feed, aquatic feed, products for treating aquaculture environment, products for treating livestock waste, aquatic breeds, livestock breeds and livestock breed products; Fertilizers; Plant varieties; Medicines; Alcoholic beverages, including wine, beer and other alcoholic beverage products. At the same time, supplement and expand the ability to add other products, goods and services according to Government regulations in each period.

The draft clearly states the requirements for cosmetic advertising content: Cosmetic advertising content must include the following mandatory information: Name of the cosmetic; features and uses of the cosmetic; name and address of the organization or individual responsible for bringing the product to market; warnings as prescribed by international agreements.

In case the name of a cosmetic product includes information about its features and uses, it is not necessary to display this content in the advertised product. Cosmetic advertisements must not cause misunderstanding that the product is a medicine. Cosmetic advertisements in newspapers and television must clearly state the name of the cosmetic; the features and uses of the cosmetic; and warnings according to the provisions of international agreements.

When advertising cosmetics, do not use images, costumes, names, letters, or articles of medical units, facilities, doctors, pharmacists, or other medical staff. Previously, Decree 181/2013/ND-CP also stipulated that cosmetics must not be advertised in a way that causes confusion about the product being a medicine, but there were no detailed regulations on not using images or names of medical units or individuals.

Mandatory requirements for food advertising content

The draft Decree requires that functional foods, health protection foods, food supplements, medical nutritional foods, and foods for special diets must have a clear identification phrase and the warning "This food is not a medicine and does not have the effect of replacing medicine" must be clearly stated, except in the case of audio advertisements under 15 seconds but must be stated in the advertising content.

Previously, Decree 181/2013/ND-CP only required the warning “This product is not a medicine and does not have the effect of replacing medicine” and did not specify a clear identifying phrase or exception for audio advertising.

Specifically, food advertising content must include the following mandatory information: Food name; name and address of the organization or individual responsible for the product; name and address of the product manufacturer. Health protection food advertisements must include the phrase: “Health protection food”; food supplements must include the phrase: “Food supplements”; medical nutritional foods must include the phrase “Medical nutritional foods” and “for use by patients under the supervision of medical staff”; foods for special diets must include the phrase “Nutritional products for specific subjects”.

The content of health food advertisements must include the following information and contents: Uses of the product, health warnings (if any); warning "This food is not a medicine and does not have the effect of replacing medicine"; advertisements using sound with a duration of less than 15 seconds do not have to read the warning, but must show the warning in the advertising content.

For milk and nutritional products for young children, the draft Decree requires the content “Breast milk is the best food for the health and comprehensive development of young children” at the beginning of the advertisement and clearly states “This product is a supplementary food and is eaten in addition to breast milk for children over 6 months old”. Decree 181/2013/ND-CP only requires the product name and the name and address of the responsible organization or individual.

Source: https://baovanhoa.vn/van-hoa/quang-cao-thuc-pham-phai-co-cac-thong-tin-bat-buoc-153490.html