(1) Restrictions on the content of advertisements:
Article 9 advertisements shall not include the following: (1) use or disguised use of the national flag, national anthem and national emblem of the People's Republic of China*** and the People's Republic of China, or of the military flag, military anthem or military emblem; (2) use or disguised use of the name or image of a state organ or its staff; (3) use of terms such as (c) Use of terms such as "national", "highest", "best", etc.; (d) Damage to the dignity or interests of the State, or disclosure of State secrets; (e) Obstruction of social stability, or damage to public *** interests; (f) Endangering the public *** interests of the State **(vi) jeopardize the safety of persons and property, or disclose personal privacy; (vii) impede the order of social publicity or violate the good customs of the society; (viii) contain obscenity, pornography, gambling, superstition, terrorism or violence; (ix) contain ethnic, racial, religious or gender discrimination; (x) impede the protection of the environment, natural resources or cultural heritage; (xi) other circumstances prohibited by the laws and administrative regulations. (k) Other circumstances prohibited by laws, administrative regulations.
Article XII of the advertisement involves patented products or patented methods, shall indicate the patent number and patent type.
Article XIII of the advertisement shall not disparage the goods or services of other producers and operators.
Article 14: Advertisements published through the mass media shall be conspicuously labeled as "advertisements. The efficacy and safety of medicines, medical devices or other medical institutions; (4) the use of advertising spokespersons for recommendation, proof; (5) laws and administrative regulations prohibit other content.
(2) Restrictions on Advertising Behavior:
Article 33: If an advertiser or advertising operator uses another person's name or image in an advertisement, he or she shall obtain his or her written consent in advance; and if he or she uses the name or image of a person who is incapable of civil behavior or a person who is restricted in his or her ability to act in a civil capacity, he or she shall obtain the written consent of the guardian of the person concerned in advance.
Article 38 shall not utilize minors less than ten years of age as advertising spokesperson.
Article 40 shall not publish advertisements for medical treatment, medicines, health foods, medical devices, cosmetics, alcohol, beauty care, or advertisements for online games that are not conducive to the physical and mental health of minors, on mass communication media targeting minors.
Article 46: Advertisements for medical treatment, medicines, medical devices, pesticides, veterinary drugs and health food, as well as other advertisements that should be examined as stipulated by laws and administrative regulations, shall be examined by the relevant department (hereinafter referred to as the advertisement examining authority) for the content of the advertisement prior to its release; no advertisement shall be released without such examination
2. Article 3 medical institutions to publish medical advertisements, shall apply for review of medical advertisements before publication. No medical advertisement shall be published without obtaining the Certificate of Examination of Medical Advertisements.
Article 7 The expressions of medical advertisements shall not contain the following circumstances:
(1) those involving medical technology, diagnostic and treatment methods, names of diseases, or medicines;
(2) those guaranteeing a cure or implying a guarantee of a cure;
(3) those publicizing diagnostic and therapeutic effects such as cure rates and effectiveness rates;
(4) those that are obscene, superstitious, or absurd;
(5) those that are not in accordance with the provisions of the Measures for the Administration of Medical Advertisements
.
(v) disparaging others;
(vi) using the names and images of patients, health technicians, medical education and research institutions and personnel, as well as other social associations and organizations as proof;
(vii) using the names of the People's Liberation Army (PLA) and the Armed Police Forces (APF);
(viii) other cases prohibited by laws and administrative regulations.
"Notice on Further Strengthening the Comprehensive Supervision and Law Enforcement of Medical Cosmetology" State Health Office Supervision and Development [2020] No. 4
(C) standardize the release of medical cosmetology advertisements. Medical beauty advertisements are medical advertisements, non-medical institutions shall not publish medical advertisements. Medical beauty organizations to publish medical beauty advertisements, should be based on the "Advertising Law" and "Measures for the Administration of Medical Advertisements" provisions, after review by the administrative department of health, in accordance with the review and approval of the content of the medical advertisements, shall not tamper with the "medical advertisement review certificate" content of the advertisement, shall not use the form of news, medical information and services category of thematic sections (columns) published or disguised medical advertisements, shall not carry out false Publicity.
Second, the practice of common prohibited words to organize
1, expressed the authority of the taboo words:
such as the state XX organs recommended, the state XX organs for special supply, special supply, such as borrowing the name of the state, state organs to promote the use of staff; quality exemption, without the need for the state quality testing, exemption from sampling, such as claiming that the quality of the terms without testing; special supply, special supply and other words.
2, contains "the first, the first, exclusive" and related words:
Violation case: 2019, Zhuhai Hanfei Medical Beauty Clinic Co., Ltd. issued a release containing "the first in China", "the most cutting-edge plastic surgery technology, the most sophisticated plastic surgery techniques, the best plastic surgery results", "world-class plastic surgery technology", was fined 100,000 yuan.
3, contains the "most" and related words:
such as the most, best, most, favorite, most earned, optimal, most advanced, most excellent, best, maximum, maximum degree, highest, highest grade, most upscale, most luxurious, lowest, lowest grade, lowest price, lowest, cheapest, fashionable lowest price, most popular, most popular, most popular, most fashionable, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular, most popular. The most popular, the most popular, the most fashionable, the most gathered, the most in line with, the most comfortable, the first, the most advanced, the most advanced science, the most advanced processing technology, the first to enjoy, the last, the last wave, the latest, the latest technology, the latest science and other absolute terms with the same or similar meaning.
4, including the first related words:
such as China's first, the first network, the first sales, ranked first, the only, the first brand, NO.1, TOP.1, unique, the country's first, first-class, one day, only this time (a), the last wave, the country X one of the major brands and other terms.
5, indicating that the brand status of the relevant words:
Ace, leading brand, world leading, far ahead, leader, creator, leading brand, leading listing, supreme, peak, leader, king, king, champion, king of the land, king of the building and other terms.
6, expressed absolute, extreme and unverifiable words:
such as absolute, big brand, precise, ultra-earnings, leading brand, leading listing, superstar, famous, luxury, one of the world/national X big brand, world-class, gold, famous brand, excellent, world-leading, top craft, ace, sales champion, extreme, permanent, ace, master, leader brand, absolutely no one, Unprecedented, omnipotent, 100%, international quality, high-grade, genuine and other false or unable to determine the authenticity of the hyperbolic expression of words.
7, pornographic suggestive terms:
such as zero-distance contact, the afterglow, the afterglow, the body organ description of the pornographic suggestive words against the social good morals.
8, false content-related words:
such as unprecedented, unprecedented, permanent, omnipotent, ancestral, special effects, invincible, pure natural and other false propaganda words that can not provide proof.
9, the efficacy of prohibited words:
such as the same day on the effect, XX days from the root of good, the cure rate of XX%, easy to say goodbye to, are cured, prolonged life, the highest level of medical care, safer, faster recovery, zero accidents, zero worry, completely clear, a one-time cure does not recur, no recurrence of a person, all recovered, completely eliminated, a significant improvement in the medical effects of the guaranteed promise of The words.
10, publish medical advertisements without examination
Case of violation: in March 2018, Today's Headlines was confiscated more than 230,000 yuan in advertising fees and fined 707,900 yuan for publishing several medical advertisements without obtaining medical advertisement examination certificates.
Third, legal advice
Medical cosmetic services belong to the service industry strictly controlled by the state. Any unit or individual, without the legal conditions, shall not carry out medical beauty services. National laws and regulations compared to other industries, medical beauty has its own special provisions, medical beauty advertisements are medical advertisements, non-medical institutions shall not publish medical advertisements. Not to use the news form, medical information services category of thematic programs (columns) published or disguised medical advertising, so in the release of related advertising, try to avoid violating the relevant provisions.