The General Office of the State Administration for Market Regulation ("SAMR") has recently issued the Circular on Effectively Censoring Advertisements for Drugs, Medical Devices, Dietary Supplements and Foods for Special Medical Purposes (the "Circular").
The Circular sets out arrangements in six aspects, including "working according to law on censoring advertisements for drugs, medical devices, dietary supplements and foods for special medical purposes (FSMP)" and "strictly censoring advertisements produced for drugs, medical devices, dietary supplements and FSMP". The Circular stipulates that, advertisements for drugs, medical devices, dietary supplements and FSMP must convey product information to the general public in a real, scientific and accurate manner, and the ways in which such advertisements are presented and the publicity effects they create shall not be misleading for the public. Such advertisements cannot involve any assertion about or any commitment to functions, effects and the safety of the aforesaid products, shall not be recommended or certified by celebrity endorsement, and cannot be released in a disguised way under the cover of the introduction of knowledge about health or healthcare. Furthermore, the Circular expressly states that, the SAMR is working on enacting departmental rules concerning the censorship of drugs, medical devices, dietary supplements and FSMP. From January 1, 2019, the regulator will start using the new advertisement censorship documents, rules for assigning codes to advertisement approval documents and the official seal exclusively used for the censorship, for advertisements for drugs, medical devices, dietary supplements and FSMP.