This is an article to introduce the Chinese advertising law. It is very useful to the people who want to advertising in China. It tells you a lot of information about what you need to comply with in China advertising Business.
Article 7 Contents of advertisements should be good for the physical and mental health of the people, and be able to promote the quality of commodities or services, protect the legitimate rights and interests of consumers, conform to the social, public and professional ethics and safeguard the dignity and interests of the State.
An advertisement should not contain any of the following contents:
1. National flag, national emblem and national anthem of the People's Republic of China;
2. Names of government organs or government functionaries;
3. Words such as State level, highest level or the best etc.
4. Anything that would be injurious to social stability, personal and property safety and social public interests;
5. Anything that would jeopardize social and public order and violate good social conventions;
6. Contents is obscene, superstitious, terrorizing, violent and evil;
7. Contents is discriminative against nationalities, races, religions and sex;
8. Contentss are harmful to the protection of the environment or natural resources; and
9. Other contents that are forbidden by laws and administrative decrees.
Article 8 advertisement should not have any content that is injurious to the physical and mental health of underage persons or handicapped persons.
Article 9 An advertisement should make distinct and clear the specifications, place of origin, uses, quality, price, manufacturer, validity period or promises, if any, of commodities or the contents, forms, quality, price or promises, if any, of the services offered.
Whereas a gift is attached to a commodity or services supplied, the advertisement concerned should clearly define the kind and quality of the attached gift.
Article 10 Data, statistics, survey results, excerpts or quotations addressed in an advertisement should be true and accurate, with the sources clearly indicated.
Article 11 if an advertisement involves patented products or patented methods, the patent number and patent category should also be clearly defined.
An advertisement should not lie about the patent right of any product that has not factually obtained the patent right.
It is prohibited to advertise any patent applications that have not been granted, the patent rights or patents that have been terminated, cancelled or invalid.
Article 12 advertisement should not have any content that denigrates the commodities or services of other producers or operators.
Article 13 advertisement should be able to be clearly recognizable as a kind of advertisement.
Mass media should not in any way publish an advertisement in the disguise of a news report whenever an advertisement is published in mass media, for not to mislead consumers, a clear indication should be shown to distinguish it from non-advertising information.
Article 14 advertisement for medicines or medical apparatuses should not in any way contain the following situation:
1. Any unscientific assertions or assurances in terms of efficiency or uses;
2. Treatment efficiency or curative rate;
3. Comparisons with other medicines or medical apparatuses in efficacy or safety;
4. Titles or images of medical research institutes, academic institutions, medical organizations or experts, doctors or patients; and
5. Other contents that are prohibited by laws and administrative decrees.
Article 15 The contents of an advertisement for a medicine should be based on the indications approved by the public health administrative department of the State Council or by the public heath administrative department of a province, autonomous region or municipality under the directly administration of the central government.
An advertisement for therapeutically medicines that must be applied under the guidance of doctors as required by the State should include the words of "To seek doctor's advice in the purchasing and application".
Article 16 No advertising is allowed for such special purpose drugs as anesthetics, psychotropic drugs, toxic drugs and radioactive drugs.
Article 17 advertisement for any farm chemicals should not contain the following situation;
1. Any absolute assertions of safety, such as toxic-free or harmless;
2. Any unscientific assertions or assurances in terms of effectiveness;
3. Written or oral language or pictures that violate the procedures for the safe use of farm chemicals;
4. Other contents prohibited by law and administrative decrees.
Article 18 Advertisements of tobacco are prohibited to be published through broadcast, films, television, newspaper or periodicals.
It is prohibited to post tobacco advertisements in any waiting rooms, cinemas and theatres, meeting halls, sports sites and gyms and other public places.
An advertisement for tobacco should carry the indication of "Smoking is harmful to your health".
Article 19 The contents of advertisements for goods, wines and cosmetics should conform to the requirements as set by health departments and not use any medical terms or terms easily to confuse the goods with medicines.
