(Source: https://pltfrm.com.cn)
Advertising and marketing of beverages in China are subject to several special legal restrictions, governed primarily by the Advertising Law of the People’s Republic of China and other relevant regulations. These laws are designed to protect consumers, promote fair competition, and ensure public safety. Here are key legal restrictions and considerations for beverage advertising and marketing in China:
1. Truthfulness and Honesty
Accuracy of Claims: All claims in advertisements must be accurate, truthful, and capable of being substantiated. False or misleading claims are strictly prohibited.
Prohibition of Exaggeration: Advertisements must not exaggerate the effects or benefits of the product.
2. Health-Related Claims
Restrictions on Health Benefits: Claims about health benefits are tightly regulated. Beverages cannot be advertised as having preventive or therapeutic effects unless they are approved health food products.
Certification for Health Claims: Any health claim must be supported by scientific evidence and approved by relevant health authorities.
3. Protection of Minors
No Targeting Children: Advertisements for certain types of beverages, especially alcoholic beverages, must not target minors or be aired during programs intended for minors.
No Use of Minors in Alcohol Ads: Minors should not be depicted in advertisements for alcoholic beverages.
4. Alcohol Advertising
Time Restrictions: There are specific time slots when alcoholic beverage advertisements can be aired on TV and radio.
Content Limitations: Alcohol advertisements must not encourage excessive drinking or associate consumption with driving, business success, or social achievement.
5. Cultural and Social Responsibility
Respect for Cultural Norms: Advertisements must respect China’s cultural norms, social ethics, and national dignity.
No Misuse of National Symbols: Use of national flags, emblems, or anthems in advertisements is prohibited.
6. Mandatory Statements and Disclaimers
Warning Statements: For alcoholic beverages, warning statements about responsible drinking may be required.
Clear Identification as Advertisement: Marketing materials must be clearly identified as advertisements.
7. Digital and Online Marketing
Online Regulations: Online advertisements must also comply with these regulations, including content on social media and e-commerce platforms.
Endorsement and Influencer Rules: Endorsements by celebrities or influencers must comply with truthfulness and honesty requirements.
8. Regulatory Approval and Record Filing
Pre-Approval Requirements: Certain types of advertisements may require pre-approval from regulatory authorities.
Record Filing: Some advertisements may need to be filed with authorities before being published or broadcasted.
9. Penalties for Non-Compliance
Legal Consequences: Non-compliance with advertising laws can result in fines, withdrawal of advertisements, and potentially severe reputational damage.
10. Local Variations
Regional Differences: Regulations may vary slightly by region within China, so it’s important to be aware of local requirements.
Given the complexity and specificity of these regulations, it’s advisable for foreign beverage companies to seek guidance from legal experts specializing in Chinese advertising law. Additionally, partnering with local marketing agencies familiar with the nuances of the Chinese market can be a prudent approach to ensure compliance.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries exports in China account for 97% of the total exports in Asia. Contact us and we will help you find the best China e-commerce platform for you. Search pltfrm for a free consultation!
