The State Administration of Market Supervision Solicits Opinions on the Enforcement Guidelines for Medical Beauty Advertisements

Medical News, August 31.
On August 27, the State Administration for Market Regulation issued an announcement on soliciting opinions on the "Guidelines for the Enforcement of Medical Beauty Advertising Law (Draft for Comment)
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"The original text is as follows:The Announcementof the General Administration of Market Supervision on Soliciting Opinions on the "Guidelines for the Enforcement of Medical Beauty Advertising (Draft for Comment)" "Medical Advertising Management Measures" and other laws, regulations and regulations, researched and drafted the "Medical Beauty Advertising Law Enforcement Guidelines (Draft for Solicitation of Comments)" (see attachment), which is now open to the public for comments
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The public can give feedback through the following channels and methods
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1.
Send comments and suggestions by email to: ggsjd@samr.
gov.
cn, with the subject of the email marked "Feedback on Medical Beauty Advertising Enforcement Guidelines"; 2.
Mail comments and suggestions to: No.
8 Sanlihe East Road, Xicheng District, Beijing The Advertising Supervision Department of the State Administration of Market Supervision (Zip Code: 100820), and the envelope should be marked "Feedback on the Guidelines for Medical Beauty Advertising Law Enforcement"
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The deadline for feedback is September 26, 2021
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Attachment: Medical Beauty Advertisement Law Enforcement Guidelines (Draft for Comment) General Administration of Market Supervision August 27, 2021Medical Beauty Advertisement Law Enforcement Guidelines   　　(Draft for Comments)   　　Strictly crack down on false and illegal medical beauty advertisements for protecting consumers’ legal rights and protecting people’s health And life safety is of great significance
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In order to standardize and strengthen the supervision of medical beauty advertising, effectively maintain the order of the medical beauty advertising market, and protect the legitimate rights and interests of consumers, this guide is formulated in accordance with the "Advertising Law" and "Medical Advertising Management Measures" and other laws, regulations and rules. .
1.
This guide aims to remind the local market supervision departments at all levels of the issues that need to be focused on in the supervision of medical beauty advertising, and provide guidance for the local market supervision departments at all levels to strengthen the supervision of medical beauty advertising
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2.
The medical cosmetology mentioned in this guide refers to the use of surgery, drugs, medical equipment and other traumatic or invasive medical techniques to repair and reshape the human appearance and the morphology of various parts of the human body
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The medical cosmetology advertisements mentioned in this guide refer to advertisements that directly or indirectly introduce medical cosmetology institutions or medical cosmetology services through a certain medium or form
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3.
Medical cosmetology advertisements are medical advertisements.
Advertisers must obtain medical institution practice licenses in accordance with the law to publish or commission medical cosmetology advertisements; to publish medical cosmetology advertisements, they must obtain or check the "Medical Advertisement Review Certificate" and publish them in accordance with regulations
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4.
Medical cosmetology service units actively disclose medical cosmetology service information in accordance with the content, form, and channels prescribed by the health administrative department.
It has no commercial purpose and is generally not regarded as a commercial advertising activity
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5.
The market supervision department rectifies all kinds of medical beauty advertisements in accordance with the law, and strives to solve the problems of great harm and concentrated public feedback, and focuses on the following situations: (1) Violating the good social customs, creating "appearance anxiety" and changing the appearance Poorness is improperly associated with negative evaluation factors such as "incompetence," "laziness," and "poverty", or outstanding appearance is improperly associated with positive evaluation factors such as "high quality," "diligence," and "success
.
" (2) Violating the laws and regulations of drugs , medical devices , advertisements, etc.
, advertising drugs and medical devices that have not been approved or filed by the drug administration department
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(3) Propagating or containing content such as medical treatment subjects and service items that have not been approved and filed by the health administrative department
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(4) Promote the effectiveness of diagnosis and treatment or make guaranteeing commitments to the safety and efficacy of diagnosis and treatment
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(5) Use the name or image of the patient to compare or prove the effect before and after diagnosis and treatment
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(6) Use advertising spokespersons to make recommendations and certifications for medical cosmetology
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The so-called "recommendation officer", "experience officer", etc.
appearing in medical beauty advertisements who make recommendations for medical beauty in their own name or image shall be recognized as advertising spokespersons
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(7) Disguised advertisements for medical cosmetology in the form of introducing health, health maintenance knowledge, interviews with people, and news reports
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(8) Life beauty institutions and other non-medical institutions carry out medical beauty advertisements
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(9) Promote disease treatment functions for food, health food , disinfection products, and cosmetics , or claim health functions for foods other than health foods
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(10) Other acts that violate advertising laws and regulations and seriously infringe upon the rights and interests of the masses
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6.
In the process of medical cosmetology advertisement supervision, the market supervision department shall promptly notify the health administrative department at the same level if it is found that the medical cosmetology institution has not obtained the practice license or has not been filed to engage in medical cosmetology activities
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7.
In the process of medical cosmetology advertisement supervision, the market supervision department finds that relevant advertisers have not obtained the "Medical Advertisement Review Certificate" or have not published medical advertisements in accordance with the content of the "Medical Advertisement Review Certificate".
Notify the health administrative department at the same level
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8.
Where “doctors” and “experts” are involved in medical cosmetology advertisements, the market supervision department shall pay attention to the following situations: (1) The names and images of health technicians, medical education and scientific research institutions and their personnel appearing in medical cosmetology advertisements are true, It should be regarded as an illegal act of advertising that uses doctors or professionals to endorse medical advertising
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(2) In the advertisement, people who have not obtained medical qualifications or medical education or scientific research-related professional titles are declared to be medical professionals such as "doctors" or "medical experts", or the relevant personnel are wearing white lab coats, which are sufficient to mislead consumers into thinking that they belong to Doctors and other professionals shall be deemed as false medical beauty advertisements
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If relevant personnel are suspected of illegally practicing medicine, they must promptly report to the health administrative department at the same level
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(3) Interviews with health technicians, medical education and scientific research personnel, and special reports that include the address and contact information of the medical beauty institution shall be deemed to be in disguise in the form of introducing health, health knowledge, personal interviews, news reports, etc.
Publish medical beauty advertisements
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9.
In the process of medical cosmetology advertising supervision, the market supervision departments at all levels find that relevant illegal acts are suspected of crimes, and transfer them to the public security organs in accordance with relevant regulations
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10.
Market supervision departments at all levels shall guide and urge network platforms to establish and improve internal review mechanisms, and intercept illegal and illegal medical beauty advertisements in the process of advertising and providing Internet information services
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Where network platform operators fail to fulfill their platform responsibilities in accordance with the law, the market supervision department shall strictly investigate and deal with them in accordance with the law
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