Article 54 The contents of food advertisements shall be true and lawful, and shall not contain false or exaggerated contents, and shall not involve the functions of disease prevention and treatment. The food safety supervision and administration department or the agency responsible for food inspection, food industry associations and consumer associations shall not recommend food to consumers by advertising or other forms. Interpretation of this article stipulates the authenticity and legality of food advertisements and the fact that relevant units may not recommend food to consumers. Advertising refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the goods they sell or the services they provide through certain media and forms at their own expense. According to the provisions of the advertising law, advertising involves legal relations such as advertisers, advertising agents and publishers. Among them, advertisers refer to legal persons, other economic organizations or individuals who design, produce and publish advertisements, sell goods or provide services by themselves or by entrusting others; Advertising agents refer to legal persons, other economic organizations or individuals entrusted to provide advertising design, production and agency services; Advertising publishers refer to legal persons or other economic organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers. In recent years, the problem of illegal food advertising is more serious. For example, some enterprises provide false experimental data, inspection reports and expert conclusions in food advertisements, exaggerate the functions of food, and make the public worry and fear about their own health by exaggerating or exaggerating a certain health condition or disease, or by describing the possible physical harm caused by a certain disease, thus deceiving and misleading consumers; Using the names and images of consumers, patients and experts as proof in health food advertisements, especially public figures recommend products or introduce the advantages, characteristics, performance and effects of products to the audience as consumers, patients and experts in health food advertisements; Propagandizing therapeutic effects or exaggerating functions in food advertisements, confusing health food with drugs, publicizing therapeutic effects or using words that are easily confused with drugs, and propagating unapproved functions beyond the approved health care functions; Advertising in the form of news reports, including using non-advertising labels such as "special edition", "special topic" and "corporate image" instead of "advertising" in advertising pages, and publishing advertisements in the form of newsletters, comments, news, interviews with people, expert interviews, documentary reports, reportage, expert consultation and popular science propaganda, and indicating the detailed addresses and postal codes of enterprises and institutions in news reports. Illegal food advertisements deceive and mislead consumers, and even lead to food safety accidents, which have aroused widespread concern in society and are deeply hated by the people. In order to further rectify the order of food advertisements, standardize food advertisements and protect the legitimate rights and interests of the people, this law clearly stipulates the authenticity and legality requirements that food advertisements should meet. Engaged in food advertising activities, in addition to abide by this law, should also abide by the provisions of the advertising law and its supporting regulations. (1) The contents of food advertisements shall be true and lawful, and shall not contain false or exaggerated contents. The contents of food advertisements shall be true and lawful, and shall not contain false or exaggerated contents, and shall not deceive or mislead consumers. Advertisers, advertising agents and publishers engaged in food advertising activities shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility. Food advertisements shall not have the following circumstances: using National Flag of the People's Republic of China, national emblem and national anthem; Fraudulent use of the name of state organs and state functionaries; Use national, superlative and best terms; Endanger social stability, endanger personal and property safety, and harm public interests; Obstruct social public order and violate good social customs; Containing obscenity, superstition, terror, violence and ugliness; Content that contains ethnic, racial, religious and gender discrimination; Hinder the protection of the environment and natural resources; Other circumstances prohibited by laws and administrative regulations. Advertising shall not harm the physical and mental health of minors and disabled people. Advertisements shall not belittle the goods or services of other producers or operators. In food advertisements, the performance, origin, use, quality, price, producer, expiration date and commitment of products or the content, form, quality, price and commitment of services should be clearly and clearly explained. In food advertisements, if it is indicated that products are sold or services are provided with gifts, the variety and quantity of the gifts should be indicated. The data, statistics, survey results, abstracts and quotations used in food advertisements should be true and accurate, and the source should be indicated. Where a patented product or patented method is involved in a food advertisement, the patent number and patent type shall be indicated. Those who have not obtained the patent right shall not falsely claim to have obtained the patent right in food advertisements. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for food advertisements. Food advertisements should be identifiable so that consumers can recognize them as advertisements. The mass media shall not publish food advertisements in the form of news reports. Food advertisements published through the mass media shall be marked with advertising signs, which are different from other non-advertising information and shall not mislead consumers. It is the social and legal responsibility of advertisers to ensure the authenticity and legitimacy of food advertisements and maintain the reputation of advertisements. Every advertiser must be responsible for his own advertisement. Advertising operators shall, in accordance with the relevant provisions, carefully examine and strictly check the food advertisements requested by advertisers. According to the Advertising Law, advertisers who publish false advertisements to deceive and mislead consumers and damage the legitimate rights and interests of consumers who buy goods or receive services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law. Advertising agents and publishers who cannot provide the real name and address of advertisers shall bear all civil liabilities. Where advertisements are used to make false propaganda for goods or services, the advertising supervision and administration organ shall order advertisers to stop publishing, and publicly correct and eliminate the influence within the corresponding scope with the same advertising expenses, and impose a fine of more than 1 times and less than 5 times the advertising expenses; Confiscate the advertising expenses of the responsible advertising agents and publishers, and impose a fine of more than one time and less than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. If a crime is constituted, criminal responsibility shall be investigated according to law. (2) The contents of food advertisements shall not involve the functions of disease prevention and treatment. Only drugs have the function of disease prevention and treatment, and the content of food advertisements must not involve disease prevention and treatment. In this regard, the "Drug Administration Law" and its implementing regulations stipulate that non-drug advertisements must not have propaganda involving drugs; Non-drugs may not publicize the prevention, treatment, diagnosis and other related contents of human diseases in their packaging, labels, instructions and related publicity materials; However, unless otherwise provided by laws and administrative regulations. The advertising law also stipulates that the contents of food advertisements must conform to the hygiene licensing items, and medical terms or terms that are easily confused with drugs shall not be used. According to the provisions of this Law, the Drug Administration Law and the Advertising Law, if the contents of food advertisements violate the legal provisions and involve the functions of disease prevention and treatment, the advertising supervision and administration organ shall order the responsible advertisers, advertising agents and publishers to correct or stop publishing, confiscate the advertising expenses, and may impose a fine of more than one time but less than five times the advertising expenses; If the circumstances are serious, the advertising business shall be stopped according to law. (3) The food safety supervision department shall not recommend to consumers by advertisements or other forms that the food safety supervision and management department is a state organ with supervisory responsibilities, including the supervision departments in all aspects of food production, circulation and catering services. The institutions responsible for food inspection are professional organizations that inspect food according to law, including food inspection institutions and other institutions responsible for food inspection. Food safety supervision and management departments and institutions responsible for food inspection are likely to involve interests when recommending food. Therefore, they should remain neutral and conduct supervision or inspection fairly according to law. In this regard, the product quality law has stipulated: "The product quality supervision department or other state organs and product quality inspection institutions shall not recommend the products of producers to the society; It is not allowed to participate in product business activities by means of producer or sales producer. " The food industry association is a non-profit social group composed of enterprises, institutions, scientific research units and employees in the food industry, providing services, coordination, self-discipline and supervision for the food industry. Consumer associations are social organizations established according to law, which supervise goods and services and protect consumers' legitimate rights and interests. Food industry associations and consumers' associations recommend the foods produced and operated by enterprises to consumers by advertising or other forms, which is inconsistent with their responsibilities, and will damage their neutrality as public welfare organizations, which is not conducive to creating a fair and just market competition environment. Therefore, this law stipulates that these organizations may not recommend food to consumers by advertising or other forms. If, in violation of the provisions of this Law, the food safety supervision and administration department or the agency responsible for food inspection, the food industry association or the consumer association recommends food to consumers by advertising or other forms, the illegal income shall be confiscated by the relevant competent department, and the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions such as gross demerit, demotion or dismissal according to law. In addition, it should be noted that it is also a violation of the advertising law to publish food advertisements in the name of state organs or to use the names and signs of state organs in food packaging and instructions to promote food. According to the Advertising Law, it is illegal for any unit or individual to use the names of state organs (including abbreviations) in commercial advertisements, including the names of the party, the government and their departments, the names of the National People's Congress and the China People's Political Consultative Conference, the names of judicial organs and procuratorial organs, the names of the armed forces and armed police, and the names of other state organs to publish advertisements. In order to maintain food advertising order and ensure food safety, the relevant regulatory authorities should strengthen the publicity of advertising management laws and regulations and raise the awareness of enterprises to abide by advertising laws. In the daily advertising supervision and inspection and food safety supervision, all regulatory authorities should strengthen contact, exchange information, coordinate and cooperate, intensify the investigation and punishment of false and illegal food advertisements, and promote the fundamental improvement of food advertising order.
Legal objectivity:
Article 126 of the Food Safety Law violates the provisions of this Law, and in any of the following circumstances, the food safety supervision and administration department of the people's government at or above the county level shall order it to make corrections and give a warning; Refuses to correct, a fine of five thousand yuan and fifty thousand yuan; If the circumstances are serious, it shall be ordered to stop production or business until the license is revoked: (1) the producer of food and food additives fails to inspect the purchased food raw materials and the produced food and food additives as required; (2) The food production and marketing enterprise fails to establish a food safety management system as required, or fails to equip, train and assess food safety management personnel as required; (3) The producers and operators of food and food additives fail to check the licenses and relevant supporting documents when purchasing, or fail to establish and abide by the systems of incoming inspection records, ex-factory inspection records and sales records in accordance with the regulations; (four) the food production and marketing enterprises have not formulated the food safety accident disposal plan.