SAMR to Tighten Administration of Censorship and Launch of Adverts of "Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes"
The State Administration for Market Regulation ("SAMR") has recently issued the Administrative Measures for Censorship and Launch of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment) (the "Draft for Comment") for public consultation by April 12, 2019.
Among 35 articles of the Draft for Comment divided into six chapters, six articles set out requirements for the launch of advertisements. Specifically, they are basic requirements for the issuance of advertisements of "drugs, medical devices, dietary supplements and foods for special medical purposes", circumstances in which the advertising shall be ceased, circumstances in which the advertising is disallowed, requirements for placing advertisements of prescription drugs and certain all-nutrient formula foods, requirements for issuing advertisements that claim effects to improve or enhance sexual function, and record-filing requirements for launching drug advertisements in different places. According to the Draft for Comment, claims presented in advertisements of "drugs, medical devices, dietary supplements and foods for special medical purposes" are subject to "information specified in product registration certificates or product record-filing certificates or in product instructions". Also, it is required that advertisements of the abovesaid products shall not only explicitly indicate the information set forth in the Advertising Law, but also specify other information closely related to consumers' right to know and right of selection.