China | New PRC advertising law: game-changer for drugs, medical devices and health foods advertising

On 24 April 2015, the Standing Committee of the National People’s Congress approved the first amendment to the PRC Advertising Law, which was originally promulgated in 1994. The amended law (« New Advertising Law ») came into effect on 1 September 2015 and contains a large number of new and updated provisions, aimed at bringing the country’s advertising regulations up to date with modern best advertising practices.

The changes will have a significant impact on advertising practices for drugs, medical devices, health foods, and companies active in these sectors should become familiar with them.

The main changes under the New Advertising Law include the following:

• Increased scope of prohibited advertising
• Restrictions on prescription drug advertising
• Prohibited safety claims and product comparisons
• Prohibited « hidden advertising »
• Prohibited advertising to minors
• Prohibition of celebrity endorsements
• Comprehensive regulation of health food advertising
• Prohibited baby formula advertising
• Required statements in medical device advertisements
• Increased penalties

Please click on the link below to read more about the main changes and download the full Client Alert.