Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)

Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)
Announcement of the State Administration for Market Regulation on Seeking Public Comments on the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)

March 14, 2019

To strengthen administrative work on the censorship and launching of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes, the State Administration for Market Regulation has organized the drafting of the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment) in accordance with the provisions of the Advertising Law of the People's Republic of China and other laws and regulations, and hereby seeks public comments. The public may put forward their comments and suggestions through the following ways and means:

1. Send comments and suggestions by e-mail to ggsglc@saic.gov.cn, and mark the subject of the e-mail with the words "Seeking Public Comments on the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)".

2. Post comments and suggestions to the Department of Advertisement Regulation of the State Administration for Market Regulation at No.8 East Sanlihe Road, Xicheng District, Beijing (100820), and mark the envelope with the words "Seeking Public Comments on the Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)".

3. Fax comments and suggestions to 010-68050321.

The deadline for submitting comments and suggestions is April 12, 2019.

Administrative Measures for Censorship and Launching of Advertisements of Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (Draft for Comment)

Chapter I General Provisions

Article 1 To strengthen administrative work on the censorship and launching of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes, these Measures are formulated in accordance with the Advertising Law of the People's Republic of China, the Food Safety Law of the People's Republic of China, the Drug Administration Law of the People's Republic of China, the Implementing Regulations on the Drug Administration Law of the People's Republic of China, the Regulations on the Supervision and Administration of Medical Devices, and other laws and regulations.

Article 2 These Measures shall apply to the censorship and launching of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes.
No advertisement of drugs, medical devices, dietary supplements and foods for special medical purposes shall be launched without censorship.

Article 3 Advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes shall comply with the provisions of the Advertising Law of the People's Republic of China and other relevant laws and regulations, have scientific and accurate contents, be able to guide consumers to use the advertised products rationally, and shall not directly or indirectly induce consumers to purchase and use the advertised products arbitrarily or excessively.

Article 4 Advertisements of specific nutritionally complete foods among foods for special medical purposes (hereinafter referred to as "Specific Nutritionally Complete Foods") shall be administered as advertisements of prescription drugs, while advertisements of other categories of foods for special medical purposes shall be administered as advertisements of OTC drugs.

Article 5 The State Administration for Market Regulation shall be responsible for organizing and guiding the work on the censorship of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes.
Various provincial advertisement censorship organs (hereinafter referred to as "Advertisement Censorship Organs") shall be responsible for the censorship of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes.

Chapter II Criteria for the Censorship of Advertisements

Article 6 The content descriptions of advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes shall be limited to the contents of their product registration certificates or certificates of filing and product instructions.

Article 7 Advertisements of drugs, medical devices, dietary supplements and foods for special medical purposes shall be prominently marked with their advertisement approval numbers and the following contents:
1.
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