Proposed series of new regulations to 'tighten' false advertising of cosmetics, functional foods, and milk

The draft decree detailing a number of articles and guiding the implementation of the Law on Advertising has added new regulations to 'tighten' false advertising of functional foods and milk.

Many celebrities, doctors... participating in advertising for milk companies are being prosecuted - Screenshot

The Ministry of Culture, Sports and Tourism is seeking comments on a draft decree detailing a number of articles and guiding the implementation of the Advertising Law. The new law was passed by the National Assembly at its 9th session and will take effect from January 1, 2026.

Proposed list of 11 groups of products and goods that affect human health

Notably, the draft decree has supplemented and completed regulations on special products, goods and services.

Supplement specific regulations on mandatory advertising content, recommended content, warning content, and prohibited behaviors in advertising for each product group.

Clearly defining management responsibilities among ministries and branches (Ministry of Health, Ministry of Agriculture and Environment , etc.) contributes to improving the effectiveness of controlling advertising content and protecting consumer rights.

The draft decree specifically lists 11 groups of products, goods and services that have a direct impact on human health and the environment.

Including cosmetics; food; milk and nutritional products for children not subject to the provisions of Clause 4, Article 7 of the Law on Advertising.

Chemicals and preparations for killing insects; medical equipment; medical examination and treatment services; pesticides, veterinary medicines, animal feed, fertilizers, plant varieties; alcoholic beverages.

At the same time, expand the ability to add other products, goods and services according to Government regulations in each period.

'Tighten' advertising regulations on cosmetics, functional foods, and milk

Regarding cosmetics , the draft clearly states that advertisements must not mislead the product into being a medicine. When advertising cosmetics, do not use images, costumes, names, letters, or articles of medical units, facilities, doctors, pharmacists, or other medical staff.

Cosmetic advertising content must include mandatory information including the name of the cosmetic; features and uses of the cosmetic; name and address of the organization or individual responsible for bringing the product to market; and warnings as prescribed by international agreements.

In case the cosmetic name already includes information about features and uses, this content does not need to be shown in the advertised product.

Cosmetic advertisements on radio and television must clearly state the name of the cosmetic; the features and uses of the cosmetic; and warnings according to the provisions of international agreements.

Functional foods, health protection foods, food supplements, medical nutritional foods, and foods for special diets must have a clear identification phrase and a warning regulation "This food is not a medicine and is not a substitute for medicine".

This content must be clearly displayed, except in the case of audio ads under 15 seconds, but must be displayed in the advertising content.

Food advertising content according to the draft must include mandatory information including food name; name and address of the organization or individual responsible for the product; name and address of the product manufacturer.

The draft also clearly stipulates that advertisements must include information about product uses and health warnings (if any).

Regarding milk and nutritional products for young children, the draft decree requires advertisements to include the content "breast milk is the best food for the health and comprehensive development of young children" at the beginning of the advertisement.

It states "this product is a complementary food and is to be given in addition to breast milk for children over 6 months of age".

New regulations on medical advertising

Regarding medical equipment advertising, the draft clearly states that the name of the medical equipment, type, manufacturer, and country of manufacture must be included. Features, effects, instructions for use, and storage conditions (if any).

Name and address of the owner of the circulation registration number; the facility that purchases, sells, imports or transfers medical equipment.

Regarding advertising medical examination and treatment services, according to the draft, the name and address of the medical examination and treatment facility must be included. The scope of professional activities is approved by the competent health authority according to the provisions of the law on medical examination and treatment.

According to the draft, advertisements for chemicals, insecticides, and disinfectants used in households and medical settings must include the name of the chemical, insecticide, and disinfectant used in households and medical settings.

Features, uses; name and address of the owner of the registration number. Recommendation: "Read the instructions carefully before use".

Warning information about the hazardous properties of chemicals and instructions for preventing harmful effects of chemicals.

THANH CHUNG

Source: https://tuoitre.vn/de-xuat-loat-quy-dinh-moi-siet-quang-cao-my-pham-thuc-pham-chuc-nang-sua-sai-su-that-20250715155108661.htm