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: ggsjd@samr.gov.cn, 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.
