In order to strengthen and standardize advertising supervision and law enforcement activities, in accordance with the “Advertising Law of the People’s Republic of China”, the State Administration for Market Regulation (SAMR) has formulated the “Law Enforcement Guidelines for Advertising Absolute Terms (Draft for Comment)”, and are now open to the public for comments.
The public can give feedback through the following channels and methods.
- Send comments and suggestions via email to: [email protected], with the subject of the email indicating “Feedback on Advertisement Absolute Language Law Enforcement Guidelines”;
- Mail comments and suggestions to: 8 Sanlihe East Road, Xicheng District, Beijing No. Advertising Supervision Department of the State Administration for Market Regulation (zip code: 100820), and indicate “Feedback on the Guidelines for Enforcement of Absolute Terms in Advertising” on the envelope.
Chinese address: “北京市西城区三里河东路8号市场监管总局广告监管司（邮编：100820），并在信封上注明“广告绝对化用语执法指南反馈意见”。”
The deadline for feedback is January 6, 2023.
State Administration of Market Regulation
December 7, 2022
English Translation and Attachment:
Law Enforcement Guidelines for Advertising Absolute Terms
(Draft for Comment)
In order to standardize and strengthen the supervision and enforcement of advertising absolute terms, effectively maintain the order of the advertising market, and protect the legitimate rights and interests of natural persons, legal persons and other organizations, according to the ” This guide is formulated in accordance with the Advertising Law of the People’s Republic of China, the Administrative Punishment Law of the People’s Republic of China, and other laws, regulations, rules and other relevant national regulations.
- Absolute terms in advertising refer to “national level”, “highest level” and “best” as stipulated in item (3) of Article 9 of the “Advertising Law of the People’s Republic of China” (hereinafter referred to as “Advertising Law”) term.
- When carrying out supervision and law enforcement on commercial advertisements containing absolute terms, the market supervision department should adhere to the principles of equal penalties, fairness and justice, combination of punishment and education, and comprehensive discretion, so as to achieve the unity of political effects, social effects, and legal effects.
- Commodity operators (including service providers, the same below) publish their own name (name), establishment time, business scope, etc. information on their business premises or their own media, and do not directly or indirectly promote their commodities (including services) , the same below), are generally not regarded as commercial advertisements.
For the absolute terms used in the information specified in the preceding paragraph, if the commodity operator cannot prove its authenticity, which may affect consumers’ right to know or damage the legitimate rights and interests of other operators, investigation and punishment shall be conducted in accordance with relevant laws and regulations.
- Under any of the following circumstances, the use of absolute terms in the content of advertisements does not refer to the commodities promoted by the commodity operator, and the provisions of the Advertising Law on absolute terms are not applicable:
(1) It only indicates the service attitude of the producer or operator.
(2)It only expresses the goal pursuit of the operator or the product.
- Under any of the following circumstances, if the absolute terms used in the advertisement point to the commodities promoted by the commodity operator, but do not have the objective effect of misleading consumers or belittling other operators, the provisions of the Advertising Law on absolute terms shall not apply.
1) Only used for self-comparison descriptions of products of the same brand or the same company, and the content of the statement is true;
(2) Only used to promote the best method, best time, and best shelf life of products, etc. Consumption tips;
(3) Absolute terms are included in product or service classification terms identified according to national standards, industry standards, and local standards;
(4) Absolute terms are contained in product names or registered trademarks, and product names or registered trademarks are used in advertisements product and its raw materials, and the content of the statement is true;
(6) The awards and titles evaluated according to the relevant national regulations contain absolute terms;
(7) In the case of specifying specific conditions such as limited time and region, express the objective situation of time and space sequence, such as promotional product sales, sales volume, market share and other factual information that the advertiser can prove.
If the relevant terms in the advertisement fall under the circumstances specified in the preceding paragraph, but the advertiser cannot prove its authenticity, it shall be investigated and dealt with in accordance with the relevant provisions of the “Advertising Law”.
- Except for the circumstances specified in points 4 and 5 of this guideline, if an absolute term is used in an advertisement for the first time, and the harmful consequences are minor and corrected in time, no administrative penalty may be imposed.
The market supervision department may, in accordance with relevant regulations, formulate a list of minor violations of advertising absolute terms that are exempt from punishment according to law and make dynamic adjustments.
7.Commodity operators who publish advertisements on their business sites or through their own media, using absolute terms, for a short period of time or with a small number of viewers, causing no harmful consequences or slight harmful consequences, may be given a lighter or mitigated administrative penalty according to law.
Others who are given lighter, mitigated or no administrative punishment according to law shall comply with the provisions of the State Administration for Market Regulation’s “Guiding Opinions on Regulating the Discretion Power of Administrative Punishment in Market Supervision and Management”.
- Under any of the following circumstances, it is generally not considered to be a minor illegal act or less harmful to the society:
(1) In the advertisements of medical treatment, pharmaceuticals, medical devices, health foods, and formula foods for special medical purposes, appearing in advertisements related to curative effect and cure rate , Effectiveness and other related absolute terms;
(2) Absolute terms related to investment rate of return, investment security, etc. appear in the advertisements of financial wealth management products.
- When the market supervision department imposes administrative penalties on the absolute terms of advertisements, it shall reasonably exercise the discretion of administrative penalties in accordance with the “Advertising Law” and other laws and regulations, taking into account the actual circumstances of the illegal act, such as the facts, nature, circumstances, degree of social harm, and the subjective fault of the parties right.
