The State Administration for Market Regulation announced on May 15 that, to strengthen advertising oversight of drugs, medical devices, health foods, and foods for special medical purposes (hereinafter referred to as «three products and one device»), it has organized revisions to the interim measures for the review and management of advertisements for these products. This formed the «Measures for the Review and Management of Advertisements for Drugs, Medical Devices, Health Foods, and Foods for Special Medical Purposes (Draft for Comments)» (hereinafter referred to as the Measures), which is now open for public comment.
The Measures consist of 48 articles, with 13 new articles added and 27 articles revised in this update, focusing on the following three aspects.
First, strengthening oversight of advertisements for the «three products and one device.» Strict content management is enforced, clarifying that advertisements for these products must not contain theoretical references or viewpoints beyond what is stated in the product instructions, to prevent deception or misleading of consumers. Requirements for prominently displaying certain information in advertisements are improved to better protect consumers’ right to know. Oversight of live-streaming advertisements is strengthened, aligning with the Advertising Law, the «Internet Advertising Management Measures,» the «Live E-commerce Supervision and Management Measures,» and the «Interim Measures for the Management of Online Live Marketing,» to establish clear rules for live-streaming advertisements of these products and guide the industry’s healthy and orderly development.
Second, facilitating business operations for enterprises dealing with the «three products and one device.» Based on actual business needs, while adhering to the principle that advertisements must strictly follow approved content, enterprises are allowed to make moderate adjustments to video and image aspect ratios, font styles, background colors, and product prices, provided certain conditions are met. Cases where advertisement review is not required are increased, specifying that enterprises do not need to apply for advertisement review when objectively displaying product names, appearances, prices, specifications, and other information that must be shown, marked, or disclosed on their business premises or on their own internet platform product pages, in accordance with relevant laws, administrative regulations, departmental rules, and mandatory national standards. The advertisement validity period system is optimized to enhance the stability of enterprise advertising activities and reduce the burden of replacing advertising materials.
Third, optimizing the advertisement review system for the «three products and one device.» The advertisement review process is improved, including the application acceptance system, deadlines for supplementing application materials, and rules for advertisement approval numbers. Specific requirements for voluntarily applying to cancel advertisement approval numbers are refined, and regulations for linked identifiers such as QR codes and web links in advertisements are clarified.
It is understood that the deadline for feedback is June 15, 2026.
Advertising Law
«Advertising Law» is not a specific place or cultural site, but rather a body of legal regulations governing how businesses and organizations can promote their products or services. Its history dates back to ancient times, with early forms of truth-in-advertising rules, but modern advertising law largely emerged in the 20th century to protect consumers from deceptive practices, such as false claims or misleading endorsements. Today, it encompasses areas like copyright, privacy, and digital advertising, with key milestones including the U.S. Federal Trade Commission Act of 1914 and subsequent consumer protection laws worldwide.
Internet Advertising Management Measures
The «Internet Advertising Management Measures» is a Chinese regulatory framework that took effect on September 1, 2016, aiming to govern online advertising practices. It was enacted to address issues like misleading ads, pop-up windows, and data privacy, ensuring transparency and consumer protection in the rapidly growing digital advertising market. The measures represent a significant step in regulating the internet economy, requiring clear labeling of advertisements and accountability for advertisers and platforms.
Live E-commerce Supervision and Management Measures
«Live E-commerce Supervision and Management Measures» refers to a regulatory framework implemented to oversee the rapidly growing live-streaming e-commerce industry. Introduced in 2021, these measures require platforms and hosts to ensure product authenticity, transparent
State Administration for Market Regulation
The State Administration for Market Regulation (SAMR) is a Chinese government agency established in 2018 during a major institutional reform. It was created by merging several former bodies, including the State Administration for Industry and Commerce, to unify market supervision and combat unfair competition. SAMR oversees areas such as consumer protection, anti-monopoly enforcement, and product quality standards, playing a key role in China’s regulatory landscape.
Advertising Law
«Advertising Law» refers to the body of regulations governing the content, placement, and truthfulness of commercial advertisements to protect consumers and ensure fair competition. Its history traces back to early 20th-century efforts against deceptive practices, with landmark laws like the U.S. Federal Trade Commission Act of 1914 establishing oversight. Today, it encompasses digital and traditional media, balancing free speech with preventing false or misleading claims.
Internet Advertising Management Measures
The «Internet Advertising Management Measures» is a Chinese regulatory framework implemented in 2016 to govern online advertising practices. It requires advertisers, publishers, and platforms to ensure advertisements are truthful, identifiable, and compliant with laws, while banning misleading or harmful content. This measure reflects China’s efforts to address rapid growth in digital marketing and protect consumer rights in the internet age.
Live E-commerce Supervision and Management Measures
The «Live E-commerce Supervision and Management Measures» refer to a set of Chinese regulatory rules implemented in 2021 to govern the booming live-streaming sales industry. Issued by several government departments, these measures aim to protect consumer rights, ensure product quality, and combat fraud by requiring platforms and hosts to follow stricter advertising, data transparency, and accountability standards. This regulatory framework emerged in response to rapid growth and past controversies in live e-commerce, seeking to balance innovation with consumer protection.
Interim Measures for the Management of Online Live Marketing
The «Interim Measures for the Management of Online Live Marketing» is a regulatory framework issued by Chinese authorities to govern the rapidly growing live-streaming e-commerce industry. Implemented in 2020, these measures aim to protect consumer rights, ensure product quality, and prevent fraudulent practices by requiring broadcasters and platforms to disclose key information and maintain transparency. They represent a key step in formalizing oversight of digital marketing in China.
