In order to strengthen the supervision and management of advertisements of medicines, medical devices, health food and food formulas for special medical purposes, standardize the review of advertisements, maintain the order of the advertisement market, and protect the legitimate rights and interests of consumers, it is formulated in accordance with the Advertising Law of the People's Republic of China*** and the State of China, and other laws and administrative regulations. Drugs, medical devices, health food and special medical use formula food advertisements should be true, legitimate, shall not contain false or misleading content.
Advertisers shall be responsible for the truthfulness and legality of the contents of advertisements for medicines, medical devices, health food and food formulated for special medical purposes.
What materials should be submitted in accordance with the law to apply for review of advertisements of medicines, medical devices, health food and food formulas for special medical purposes?
(1) the applicant's qualifications related materials, or legally valid registration documents;
(2) product registration documents or filing vouchers, registered or filed product labels and instructions, as well as production licensing documents;
(3) advertisements involving intellectual property rights related to valid documents.
Authorized to agree to act as the applicant's production and operation of the enterprise, should also be submitted to the legitimate authorization documents; entrusted to an agent for the application, it should also be submitted to the power of attorney and the agent's qualifications of the relevant materials.
The review of advertisements for drugs, medical devices, health food and food formulas for special medical purposes shall be governed by these Measures.
Advertisements for medicines, medical devices, health food and food formulas for special medical purposes shall not be published without examination.
Legal basis:
Article 5 of the Interim Measures for the Examination and Administration of Advertisements of Medicines, Medical Devices, Health Food and Food Formulas for Special Medical Purposes: The contents of the advertisements of medicines shall be based on the instruction manuals approved by the State Council's drug supervision and administration department. Drug advertisements involving the name of the drug, drug indications or functions, pharmacological effects, etc., shall not exceed the scope of the instructions.
Drug advertisements should be significantly marked contraindications, adverse reactions, prescription drug advertisements should also be significantly marked "this advertisement is only for medical and pharmaceutical professionals to read", over-the-counter drug advertisements should also be significantly marked with the identification of over-the-counter drugs (OTC) and "please purchase and use according to the instructions of the drug or under the guidance of a pharmacist. The advertisements for non-prescription drugs should also prominently display the OTC logo and "please purchase and use according to the instructions or under the guidance of a pharmacist.