Drug health products advertisements are banned spokesperson

Yesterday, the twelfth session of the Standing Committee of the National People's Congress of the Twelfth National People's Congress listened to the report of the National People's Congress Law Committee on the revision of the "Advertising Law of the People's Republic of China (Revised Draft)" (hereinafter referred to as the second review draft). According to the second reviewer, tobacco advertisements are further restricted, advertisements for health products for drugs are banned as spokespersons, and children under the age of 10 are explicitly prohibited from advertising as spokespersons.

The "Food Safety Law" (Revised Draft) (hereinafter referred to as the second review draft) was once again submitted to the National People's Congress for deliberation yesterday. The second review draft further intensified the penalties for food safety violations. It also stipulated that production and operation of genetically modified foods should be marked in accordance with regulations.

The advertising law “omnidirectional” non-smoking grass advertising is based on the first review draft, and the second review draft imposes more stringent restrictions on tobacco advertising. The second review draft stipulates that it is forbidden to publish tobacco advertisements by using mass media and forms such as broadcasting, movies, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks, the Internet, etc., or in disguised form. It is forbidden to set up tobacco advertisements in public places, hospitals and school building control zones, public transport, and prohibit the installation of outdoor tobacco advertisements and tobacco advertisements on display windows.

The second review draft tobacco advertising restrictions, content has covered the content that is not conventionally considered to be advertising. For example, it is stipulated that the relocation, rebranding, and recruitment announcements issued by tobacco product producers or operators must not contain tobacco product names, trademarks, packaging, decoration, and similar contents. In addition, in reality, the names of such charity events as “Honded-To-Hope Enterprises Hope Primary School” are often seen. In this regard, the second-part review also imposes restrictions on clearly not including tobacco products in advertisements and public service advertisements of other goods or services. related information.

Interpretation: In addition to tobacco advertisements in the forms of posters, displays, etc., which can be taken in the halls of tobacco products outlets, and tobacco advertisements produced by tobacco product manufacturers to the sellers of tobacco products, all other forms of tobacco advertising are prohibited. While tobacco advertising has been further restricted, alcohol advertisements have also been tightened in this revision. The draft of the second review stipulates that alcohol advertisements must not show any drinking action, nor must it contain any performance of driving vehicles, ships, airplanes, and other activities.

Drug Advertisements Cannot Be Displayed by Stars The first review draft listed advertising spokesmen as joint and several responsible persons for various types of illegal advertisements. The second review draft further restricted various types of endorsements.

For the four types of special advertisements related to medicines, health foods, medical devices and medical advertisements that are considered to be related to the health, safety and personal safety of consumers, the first-part review has requested that scientific research institutions, professionals, and patients be prohibited from using the testimonials. On this basis, it is further demanded that the use of the names and images of any other advertising spokesperson shall not be used as a recommendation. This means that the above four types of advertisements related to drug health products will no longer be shown by stars.

Interpretation: An Jian, deputy chairman of the National People's Congress Law Committee, said that medicine, medical care, etc. are related to the lives and health of the consumers and their personal safety, and their efficacy varies from person to person. Not only can they not use scientific research institutions, professionals, and patients for referral certification, nor can they Use the names and images of any other ad spokesperson as proof of recommendation.

Under the age of 10, children's advertisements forbidden from the viewpoint of protecting minors, the second reviewer added a paragraph in Article 30: "You must not use minors under the age of ten as ad spokespersons."

What is an advertising spokesperson? According to the second reviewer, "advertising spokesperson" refers to a natural person, legal person or other organization that, in addition to advertisers, recommends and proves goods and services in their own names or images. According to the provisions of the second-party review, if a person under the age of 10 is used illegally as an advertising spokesperson, he may be subject to withdrawal of advertising approval, confiscated advertising fees and a fine of RMB 200,000 up to RMB 1 million.

In addition, the second-party review also regulates the advertising campaigns involving minors, such as the release of drugs, medical devices, online games, and alcohol advertisements, etc., in the mass media targeted at minors; for minors under 14 years of age. An advertisement for a person’s goods or services must not contain content that induces parents to purchase advertising goods or services and may cause them to imitate unsafe acts.

Interpretation: The person concerned analyzed that if no name is given and no advertising campaign is carried out in his own name, it belongs to an advertising performance and does not belong to the advertisement certification; the performer does not need to be responsible for the behavior of the character, and the advertisement sponsor must act on his own behavior. Be responsible for. Because children's stars have a certain reputation, their advertising campaigns are endorsements.

The pop-up advertisements must ensure that one-click closure of the provisions of the second-party review, Internet information service providers use the Internet to publish advertisements, and must not affect the normal use of the Internet by users. Ads posted on Internet pages in the form of pop-ups, etc., should be clearly marked with a closing sign to ensure one-click closure.

Interpretation: Some experts believe that "the Internet is not an extra-territorial place." The Internet has gradually become an important medium for advertising. In practice, problems such as illegal Internet advertisements and influencing users' use of the Internet are more prominent. The revision of the advertising law clarifies that the Internet must abide by all "rules of the game" of other media advertisements. At the same time, it additionally requires that pop-up advertisements must be able to be turned off with one click.

According to the draft of the second review of the scope of false advertising to expand the scope of responsibility, advertisers shall bear civil liability according to law if they publish false advertising, deceive or mislead consumers, and damage the legitimate rights and interests of consumers who purchase goods or receive services. If a false advertisement that relates to the life and health of a consumer's goods or services causes damage to the consumer, the advertising operator, advertisement publisher, and advertising spokesperson shall bear the joint and several liability with the advertiser.

Interpretation: "False advertising damages consumers' life, health, and property safety. These 'toxic tumors, which are both fortune and harm,' cannot be disposed of first." Xu Shuxiang, executive deputy secretary-general of the China Pharmaceutical News and Information Dissemination Association, believes that false advertising is out In the end, advertisers must be punished, and publishers and spokespersons cannot afford to stay out of the way. A “unwitting” evades all responsibility.

Food safety laws and regulations Genetically modified foods should be labelled for genetically modified foods that are of particular interest. The second-party review specifies that they should be labelled as required. The second reviewer proposes that China's "Regulations on the Administration of the Safety of Agricultural Genetically Modified Organisms" already stipulates the system for labeling agricultural genetically modified organisms. Some countries also require that GM foods should be clearly indicated on the label. In order to protect consumers’ right to know, the new provisions for the submission of trials, “production and management of genetically modified foods should be marked in accordance with the provisions,” and increase the corresponding legal responsibility.

Interpretation: In terms of penalties, the second-party review stipulates that “genetically modified foods not marked as required” may be subject to penalties ranging from confiscation of illegal income, fines to suspension of production, business licenses, and cancellation of licenses. If food safety is affected, the department of food and drug supervision at or above the county level shall order correction, and if it refuses to make corrections, it shall be imposed a fine of not more than 2,000 yuan.

For the first time, the provisions of the second review of food storage and transportation are increased. Non-food producers and traders engaged in food storage, transportation and loading and unloading, containers, tools and equipment for storing, transporting, and loading and unloading foods should be safe and harmless, kept clean, and prevent food contamination. And meet the special requirements such as the temperature required to ensure food safety, and must not transport food together with toxic and harmful articles.

Interpretation: Some experts believe that food online shopping is getting hotter. It is necessary for these professional warehousing and logistics companies that handle food storage and transportation to be included in the scope of legal supervision.

Media false information will be punished. The second-part review also stipulates the supervision of food safety incidents involving public opinion. In recent years, many food safety incidents have been managed through media exposure. For the “individual report-media follow-up-response department” model, the second review draft is actually encouraged to provide for the protection of the informer’s rights. Keep its relevant information confidential. At the same time, the provisions in the original draft “relevant food safety information should be verified to the food and drug supervision and management department in advance” were deleted, allowing the media to respond to reports more quickly.

Interpretation: While giving more space to the media, the second-party review also made restrictive provisions. For the media to fabricate and distribute false food safety information, relevant competent authorities shall punish them in accordance with the law, and directly responsible persons in charge and directly Responsible personnel give punishment.

Raising the cost of violation of food products by the second reviewer further increases the legal responsibility for food safety violations and takes various measures to punish them. For example, aggravating penalties for four kinds of illegal behaviors such as adding drugs, and at the same time, increasing the penalties for administrative detention for those responsible for six kinds of serious illegal acts such as the production of foods using non-food raw materials. For those who knowingly engage in illegal food production and business activities, they still provide them with production and business establishments or other conditions to infringe upon the legitimate rights and interests of consumers and other four violations, and increase the provisions of joint and several liability with food producers and operators.

Interpretation: The production of foods that do not meet food safety standards or business management knowingly do not meet the punitive damages of food safety standards, the second reviewer increases the provisions of the minimum compensation amount of 1,000 yuan, at the same time clear that food labels, instructions do not affect food safety瑕疵 生产 生产 生产 生产 生产 生产 生产 生产 生产 生产 生产 生产

The second-part review draft added provisions for legal liability for illegal activities such as the production of foods that exceed the shelf-life of food ingredients and food additives. In the first review draft, the penalties in the current law have been greatly increased, and “not capped” punitive penalties have been imposed. On this basis, the second reviewer further tightens the lower limit of the penalty, which will increase the illegal cost of food safety producers.

Money can not be self-willed 1 medical medical advertising can not claim the effect of "a stop eating" "waist not sore legs hurt" "XX capsules, blood pressure and hypoglycemic" "No children for many years, is the XX drug sent us a small The angels... These attractive advertisements will no longer appear in the future.

2 Tobacco advertisements that do not appear in public places such as "Crane dancing white sand, my heart flying" such untouched tobacco advertisements will also be banned.

3 and false advertising will be blamed. Advertisers, advertising operators or publishers, or designers, spokespersons, as long as they are tainted with false advertising, they must take responsibility.

4 pop-up ads must be "a key to close"

Like a sticky cloth stuck to the window, it could not be closed; obviously there was a closing sign for the fork, but once clicked, more links were opened... Such pop-up ads would be forbidden.

5 It is impossible to find children under the age of 10 to speak in a contemporary sense. This means that nowadays, children and children like Cindy will no longer speak for themselves.