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A few days ago, the State Administration for Market Regulation, together with the Cyberspace Administration of the Central Government, the Ministry of Culture and Tourism, the State Administration of Radio, Film and Television and other seven departments jointly issued the "Guiding Opinions on Further Regulating Celebrity Advertising Endorsement Activities" (hereinafter referred to as the "Opinions"), emphasizing that celebrities should strictly abide by relevant laws and regulations, and ensure that advertising endorsement activities
are carried out in accordance with law, regulations and integrity.
The "Opinions" shall come into force
on the date of promulgation.
It is worth noting that specifically in the field of medicine and health, the Opinions clearly stipulate that celebrities are not allowed to advertise for medical treatment, medicines, medical devices, health foods and formula foods for special medical purposes
.
Enterprises engaged in industries such as pharmaceuticals, medical devices, and health foods must not use advertising spokespersons for advertising
.
Market analysts believe that pharmaceutical products are special commodities, and advertising supervision in the field of medicine and health has always been in the category of
strong supervision.
With the further upgrading of supervision, the chaos of celebrity endorsements in the field of medicine and health will come to an end, and the public's interests and safety and life and health will be further protected
.
01, celebrity endorsement is not a place outside the law, medical propaganda does not hide "cat greasy"
In recent years, the entertainment industry has played an active role in meeting the diversified cultural needs of the masses and promoting economic growth, but celebrities charge sky-high endorsement fees, and endorsement products "overturn" incidents are frequent
.
This is not only related to the business model of the market's pursuit of traffic monetization catalyzed by the Internet era, but also inseparable
from the lack of supervision, unclear regulations and lax penalties.
However, in addition to defining "celebrity endorsement behavior", the "Opinions" also emphasized that all parties to illegal advertising endorsement will be held accountable in
accordance with the law 。 Include:
Relevant departments should strengthen the supervision of the entire chain of advertising endorsement activities, strictly investigate and deal with false and illegal advertisements endorsed by celebrities, and pursue the legal responsibility of advertisers, advertising agents, advertising publishers, advertising spokespersons, and relevant Internet information service providers in accordance with law;
Where celebrities make false or illegal endorsements, they must be resolutely punished in accordance with the law, and must not replace the punishment of celebrities with punishments by star brokerage companies;
Where celebrities have bad circumstances of false or illegal endorsements, public exposure should be strengthened, and personal creditworthiness records should be included in accordance with laws and regulations, and joint punishment for untrustworthiness should be strengthened;
.
.
.
.
.
.
Industry insiders pointed out that the chaotic situation of celebrity endorsements has become a thing of the past, and strengthening the management of celebrity endorsements will be the trend of the times, and no one can take chances
.
The "Opinions" put forward detailed requirements for the pharmaceutical field, directly prohibiting celebrities from endorsing the pharmaceutical and health fields, which means that the supervision has been further upgraded
.
In fact, in the pharmaceutical industry, celebrity endorsements are not few, Starshu, Zhenshiming, Shapuaisi, neck rehabilitation granules, Liuwei Dihuang pills and other products are frequent customers
of pharmaceutical advertising and marketing.
In addition, in terms of health care products, medical devices, "machine brand" masks, "medical beauty" products and other fields, a large number of manufacturers have used popular star endorsements
.
Nowadays, in the era of traffic, having traffic can be converted into marketing promotion, and marketing that evolves around traffic dividends is popular
.
Regardless of whether the traffic stars in the capital market have enough qualifications and identities to pay for the endorsement products, the characteristics of the information age alone lead to the traffic cluster is a large number of minors who do not have enough discernment, which requires that endorsements involving pharmaceutical products should be cautious
.
Industry insiders believe that the field of medicine and health has always been a strong regulatory field, and the release of the "Opinions" is regarded as a regulatory upgrade of advertising and publicity, and the scope has been expanded.
The "Opinions" were promulgated to refine the binding relationship between enterprise goods, celebrity endorsements, and consumers through the law, so that minefields can be avoided and responsibilities can be pursued
.
02.
Multi-level supervision of pharmaceutical advertisements The punishment for illegal publicity has never been relaxed
In response to the advertising and publicity of drugs, medical devices, health foods and formula foods for special medical purposes, many laws and regulations in China have been strictly supervised
from all aspects 。
The Drug Administration Law of the People's Republic of China was revised for the second time in August 2019 and implemented for the second time in December 2019.
The Interim Measures for the Review and Administration of Advertisements for Drugs, Medical Devices, Health Foods, and Formula Foods for Special Medical Purposes were formulated and promulgated by the State Administration for Market Regulation and came into force in March 2020;
The Advertising Law of the People's Republic of China was amended for the second time in April 2021;
.
.
.
.
.
.
The Advertising Law stipulates the pre-approval of drug advertisements, and all drug advertisements must be pre-reviewed by the advertising review authority and issued with the approval document number
of the drug advertisement before they are released.
The Interim Measures for the Review and Administration of Advertisements for Drugs, Medical Devices, Health Foods, and Formula Foods for Special Medical Purposes have clear divisions and requirements for the publication of pharmaceutical advertisements for prohibited advertisements, advertisements that must not be continued, and the form, audience, scope, and requirements
for the publication of advertisements.
The Drug Administration Law also puts forward detailed requirements for the content of drug advertisements: it shall be true and legal, subject to the drug instructions approved by the drug regulatory department under the State Council, and must not contain false content
.
Where drug advertisements involve content such as drug names, drug indications or functional indications, pharmacological effects, etc.
, they must not exceed the scope of
the instructions.
Under the continuous tightening of the regulatory network, the supervision of pharmaceutical advertising and endorsement has become more stringent:
In 2019, the State Administration for Market Regulation informed that Chongqing Galephos Pharmaceutical Co.
, Ltd.
, in order to promote its products, released advertisements through actors' oral broadcast of relevant content in the small theater at the end of the 4th, 6th and 7th episodes of the third season of "Spit Conference", and could not submit documents for the review of advertisements by the advertising review authority, and the advertisements did not indicate contraindications, adverse reactions, and did not indicate the words "please purchase and use according to the drug instructions or under the guidance of pharmacists"
.
The parties' conduct violated the provisions of
Article 16, Paragraph 1 (4) and Paragraph 2 and Article 46 of the Advertising Law.
According to subparagraphs (1) and 14 of the first paragraph of Article 58 of the Advertising Law, the Law Enforcement Corps of the Shanghai Municipal Administration for Market Regulation imposed an administrative penalty, ordered to stop publishing illegal advertisements, and imposed a fine of 900,000 yuan
.
In 2021, there were advertisements for the over-the-counter drug "Daxi Chewable Tablets" in the opening, extra, ending, labeling, creative screen pressing strips, etc.
of the documentary "A String of Life 2", which did not clearly indicate contraindications and adverse reactions
.
His conduct violated the provisions of paragraph 2 of article 16 of the Advertising Law, constituting the act of producing illegal drug advertisements, and a fine of 360,000 yuan
.
In 2022, Beijing Century Materia Medica, Inc.
was punished
for promoting uncensored drug advertisements in its online store.
Among them, the pictures of the oral liquid involved in the report that show the words "soft and fluffy, kidney weakness" on its product display page are not limited to product display, but belong to product promotion, that is, drug advertising
.
With the continuous update and iteration of modern information technology, in the face of rapidly changing market development and changes, the form of pharmaceutical advertising is changing with each passing day, and the corresponding number of advertisements is also increasing in mass, and the difficulty of medical advertising supervision in China has also escalated
.
But the strong note settles and the waves stop
.
Industry insiders believe that the "Opinions" can be regarded as the first voice of medical advertising supervision in the new era, and I believe that there will be more and more detailed supporting documents that should be "voiced", advertising endorsements will become increasingly standardized and orderly, and the needs of China's people's life and health safety will be effectively guaranteed
.
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