Current location - Plastic Surgery and Aesthetics Network - Plastic surgery and beauty - How can medical beauty advertisements not violate the rules?
How can medical beauty advertisements not violate the rules?
1. Advertising Law

(1) advertising content restrictions:

Article 9 An advertisement shall not have the following circumstances: (1) Use or disguise National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song or military emblem; (2) using or using in disguised form the name or image of a state organ or a functionary of a state organ; (3) using terms such as "national level", "highest level" and "best"; (four) damage the dignity or interests of the state, revealing state secrets; (5) Obstructing social stability and harming public interests; (6) endangering personal and property safety and revealing personal privacy; (7) Obstructing public order or violating good social customs; (8) Containing obscenity, pornography, gambling, superstition, terror and violence; (9) Content containing ethnic, racial, religious and gender discrimination; (ten) hinder the protection of the environment, natural resources or cultural heritage; (eleven) other circumstances prohibited by laws and administrative regulations.

Article 12 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.

Article 13 Advertisements shall not belittle the goods or services of other producers or operators.

Article 14 Advertisements published through mass media shall be marked with the word "advertisement".

Article 16 Advertisements for medical treatment, drugs and medical devices shall not contain the following contents: (1) Assertions or guarantees indicating efficacy and safety; (2) Explain the cure rate or effective rate; (3) differences in efficacy and safety compared with other drugs, medical devices or other medical institutions; (four) the use of advertising spokespersons for recommendation and proof; (5) Other contents prohibited by laws and administrative regulations.

(2) advertising behavior restrictions:

Article 33 Where an advertiser or advertising agent uses the name or image of another person in an advertisement, it shall obtain the written consent of the other person in advance; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.

Thirty-eighth minors under the age of ten shall not be used as advertising spokespersons.

Fortieth, advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol, beauty and online games that are not conducive to the physical and mental health of minors shall not be published in the mass media for minors.

Article 46 Before releasing advertisements for medical treatment, medicines, medical devices, pesticides, veterinary drugs, health food and other advertisements that should be examined according to laws and administrative regulations, the relevant departments (hereinafter referred to as the advertisement examination organs) shall examine the contents of the advertisements; Without review, it shall not be released.

2. Measures for the administration of medical advertisements

Article 3 When publishing medical advertisements, medical institutions shall apply for examination of medical advertisements before publishing them. Without obtaining the "medical advertisement examination certificate", no medical advertisement shall be published.

Article 7 The manifestations of medical advertisements shall not include the following situations:

(a) involving medical technology, diagnosis and treatment methods, disease names and drugs;

(2) Guaranteeing or implying a cure;

(three) to publicize the cure rate, effective rate and other diagnosis and treatment effects;

(4) Obscene, superstitious and absurd;

(5) belittle others;

(six) using the name and image of patients, health technicians, medical education and scientific research institutions and personnel, and other social groups and organizations as proof;

(seven) using the names of the China People's Liberation Army and the Armed Police Force;

(8) Other circumstances prohibited by laws and administrative regulations.

Notice on Further Strengthening the Comprehensive Supervision and Enforcement of Medical Beauty No.4 [2020] of the State Health Office

(3) Standardizing the publication of medical beauty advertisements. Medical beauty advertisements belong to medical advertisements, and non-medical institutions may not publish medical advertisements. When publishing medical beauty advertisements, medical beauty institutions shall publish medical advertisements in accordance with the provisions of the Advertising Law and the Measures for the Administration of Medical Advertisements, which shall be examined by the administrative department of health, and shall not tamper with the contents of the Examination Certificate of Medical Advertisements to publish advertisements, and shall not publish or publish medical advertisements in disguised form by using news forms or special pages (columns) of medical information services, and shall not make false propaganda.

Second, the practical arrangement of common taboos.

1, authoritative taboo:

For example, the words recommended by the national XX organ, exclusively provided by the national XX organ, and specially provided for publicity in the name of the staff of the state organ; Words claiming that quality does not need to be tested, such as quality exemption, national quality inspection, sampling inspection, etc.; Special price, exclusive, etc.

2, including "first, first, exclusive" and related words:

Violation case: In 20 19, Zhuhai Hanfei Medical Beauty Clinic Co., Ltd. released propaganda contents including "China first", "the most advanced plastic surgery technology, the most sophisticated plastic surgery technology, the best plastic surgery effect" and "world-class plastic surgery technology", and was fined 6,543,800 yuan.

3, including "most" and related words:

Such as most, best, most fashionable, favorite, most profitable, best, superlative, most outstanding, best, largest, highest, highest, most upscale, most luxurious, lowest, lowest, lowest, lowest, cheapest, lowest, most popular, most fashionable, most gathering, most consistent and most fashionable.

4. Including the first related word:

For example, China is the first, the whole network is the first, sales volume is the first, ranking first, unique, the first brand, the first 1, TOP. 1, unique, the first in the country, first-class, only once a day (one model), the last wave, one of the big brands in China.

5, said the brand status related words:

Ace, leader brand, world leader, far ahead, leader, founder, leader brand, leading listing, supreme, peak, leader, king, champion, land king, building king and other nouns.

6. Absolute, extreme and unverifiable words:

Such as absolute, big-name, accurate, super-earning, leading brand, leading listing, superstar, famous, luxurious, one of the top X brands in the world/country, world-class, gold medal, famous brand, excellent, world-leading, first-class technology, ace, sales champion, ultimate, permanent, ace, company leader, leading brand, unique, unprecedented and omnipotent.

7. Pornographic suggestive terms:

Such as zero-distance contact, lingering temperature, lingering fragrance, description of body organs and other pornographic suggestive words that violate good social customs.

8. Words related to false content:

Such as unprecedented, unprecedented, permanent, omnipotent, ancestral, special effects, invincible, pure natural and other unprovable false propaganda words.

9, curative effect taboo:

If it takes effect on the same day, the cure rate will be XX% starting from the root in XX days. It will be easy to say goodbye, all cured, prolong life, the highest medical level, safer, faster recovery, zero accident, zero worry, complete elimination, one-time cure, no recurrence, complete recovery, complete elimination, significant improvement and so on.

10, publishing medical advertisements without review.

Violation case: 2065438+March 2008, today's headline was confiscated of advertising fees of more than 230,000 yuan and fined 707,900 yuan for publishing a number of medical advertisements without medical advertisement examination certificates.

Third, legal advice.

Medical beauty service belongs to the service industry strictly controlled by the state. Without legal conditions, no unit or individual may provide medical beauty services. Compared with other industries, national laws and regulations have special provisions on medical beauty. Medical beauty advertisements belong to medical advertisements, and non-medical institutions may not publish medical advertisements. It is not allowed to publish medical advertisements in the form of news or medical information service special pages (columns), so when publishing relevant advertisements, try to avoid violating relevant regulations.