Because of the vibrato advertisement of a special medical food, Abbott recently received a tiktok ticket from a multinational healthcare company. This event also sounded a new alarm for the advertising of special medical food.
Xiaoshidai noticed today that the official website of Shanghai market supervision and Administration Bureau publicized a case of illegal advertisement issued by Abbott Trading (Shanghai) Co., Ltd., with the date of punishment being October 12, 2020.
According to the above case documents, Abbott Trading (Shanghai) Co., Ltd. (hereinafter referred to as Abbott Shanghai) was fined 1.94807151 million yuan for violating the advertising law and was ordered to stop publishing advertisements and eliminate the influence within the corresponding scope. And the tiktok is a video released by Abbott, which is a movie and its starring actor, Xiao Yan Su, whose product is in the jitter.
In response, Abbott China said in an inquiry today: “Abbott is committed to complying with the laws and regulations of all countries and regions in which we operate, including China.”
Now, let’s take a look at the details.
This time, Abbott’s violation of the advertising law involved in the product is xiaoanshu. On the special food information inquiry platform, the snack food agent learned that xiaoanshu is a registered formula food for special medical purposes (hereinafter referred to as “special medical food”), which is suitable for people aged 1-10 years with malnutrition caused by insufficient digestion and absorption.
During the period from January 22 to may 2020, Xu an, a film company, invited to release the film’s influence in Shanghai Camp Abbott small element (tiktok Abbott_) Pediasure) tiktok account and targeted tiktok for 18-40 year old mothers in from January 26th to 30th.
Today, the tiktok checks the above tremble number and finds that the advertisement has been deleted.
According to the documents, Abbott violated two “advertising law of the people’s Republic of China”.
The first is advertising without censorship. According to the document, Abbott’s advertising related to “needs to be reviewed before it can be released. Abbott Shanghai has not produced any materials for the above-mentioned advertisements, nor has it applied to the advertising review authorities for examination, which is regarded as the release of advertisements without examination”.
It is found that the judgment basis of the above conclusion is based on the provisions of Article 46 of the advertising law of the people’s Republic of China, that is to say, for the advertisements of medical treatment, drugs, medical devices, pesticides, veterinary drugs and health food, as well as other advertisements that should be reviewed according to laws and administrative regulations, the contents of the advertisements shall be examined by the relevant departments before the advertisements are published, No release.
The second is to use advertising spokesmen to make recommendations. The document points out that “the advertisement uses Xu’s endorsement product Abbott minocycline. As the advertising of formula food for special medical purposes is subject to the relevant provisions of the advertising law of the people’s Republic of China on drug advertising management, this behavior belongs to the use of Advertising Spokesperson for recommendation”.
According to the above-mentioned documents, the judgment basis of this conclusion is based on the provisions of Article 16, paragraph 1 (4) of the advertising law: “advertisements for medical treatment, drugs and medical devices shall not contain the following contents: (4) the use of advertising spokesmen for recommendation and certification”.
However, looking through the public information, we can find that Abbott has not invited the actor surnamed Xu as the spokesperson. So, just inviting actors to record an oral video for a product, why is it defined as using an advertising spokesperson to make recommendations?
This also has to say the difference between “Advertising Spokesperson” and “advertising performer”.
After consulting the materials, xiaoshidai learned that “Advertising Spokesperson” is a natural person who recommends and expresses the goods or services in the advertisement in his or her personal name or image, and displays the proof However, “advertising performers” are just the artistic presentation of goods and services, not recommendation in the name of performers, and performers are not responsible for the authenticity or legitimacy of goods and services.
Before that, some domestic scholars have written articles to analyze that if someone clearly indicates his identity in the advertisement, he is the spokesperson of goods or services; for some influential stars, although they do not show their identity in the advertisement, but the audience can accurately identify their identity, then they can be identified as advertising spokesmen.
Therefore, in the case of Abbott, although Xu is not the real spokesperson, he is defined as the role of “Advertising Spokesperson” because of its personal influence to enhance the awareness and influence of xiaoanshu products in the society and the public.
In China, special medical food has entered a period of rapid growth in recent years. Last year, Yu Kang, a professor of clinical nutrition at Peking Union Medical College Hospital, pointed out that the global special medicine food industry is growing at a rate of 6% this year. Although the scale of China’s special medical food market is small, it keeps growing at a high speed, with an average annual growth rate of more than 37%.
On the one hand, the scale and demand of special medical food are expanding. However, on the other hand, the public’s awareness of this category is still limited, even giving some illegal businesses the opportunity to “exploit loopholes”. Last year, for example, Qingdao Golden Ocean Dairy Co., Ltd. was fined more than 2.38 million yuan for using solid drinks as special medical milk powder.
In fact, in order to rectify the disorder of publicity, the regulatory authorities are also further improving the relevant laws and regulations of special medical food advertising. Since March 1 this year, the Interim Measures for the administration of advertising examination of drugs, medical devices, health food and formula food for special medical purposes (hereinafter referred to as the Interim Measures) promulgated by the State Administration of market supervision has been formally implemented.
“Before that, the food safety law and the implementation regulations of the food safety law have made provisions on the direction of the operation of special medical food. However, the “Interim Measures for the administration of advertising review of drugs, medical devices, health food and formula food for special medical purposes” has made specific requirements for the advertising review of special medical foods Lu Youfeng, Vice Minister of the Regulatory Affairs Department of the China Nutrition and health food association, told the snack representative today.
For example, Article 8 of the interim measures clearly states that the contents of advertisements for Formula Foods for special medical purposes shall be subject to the registration certificate, product labels and instructions approved by the State Administration of market supervision and administration. If the advertisement of formula food for special medical purposes involves the product name, formula, nutritional characteristics, applicable population, etc., it shall not exceed the scope of registration certificate, product label and instruction manual.
In addition, the above-mentioned Article 8 also states that the advertisement of formula food for special medical purposes shall clearly indicate the applicable population, “not applicable to non target population” and “please use under the guidance of doctors or clinical nutritionists”.
For the sake of safety and other considerations, the regulatory authorities are more strict in the publicity and management of special medical food. This also means that enterprises need to think about how to improve the public awareness of special medical food on the premise of ensuring compliance publicity, so as to avoid the industry losing consumer confidence due to chaotic publicity.
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