State Administration of market supervision

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2021Year37number

Circular of the State Administration of market supervision on Issuing

Law enforcement guide for medical beauty advertising Announcement of

In order to standardize and strengthen the supervision of medical beauty advertising,Effectively maintain the order of medical beauty advertising market,Protect the legitimate rights and interests of consumers,basis Advertisement Law of the People's Republic of China Measures for the administration of medical advertisements Other laws Regulations and rules,The General Administration of market supervision has formulated Law enforcement guide for medical beauty advertising Attached ,It is hereby issued.

It is hereby announced.

General Administration of market supervision

2021year11month1day

Cracking down on false and illegal medical beauty advertisements is important to protect the legitimate rights and interests of consumers It is of great significance to safeguard people's health and life safety.In order to standardize and strengthen the supervision of medical beauty advertising,Effectively maintain the order of medical beauty advertising market,Protect the legitimate rights and interests of consumers,basis Advertisement Law of the People's Republic of China Measures for the administration of medical advertisements Other laws Regulations and rules,Develop this guide.

one The purpose of this guide is to remind the local market supervision departments at all levels of the key issues that need to be paid attention to in the supervision of medical beauty advertising,Provide guidance for local market supervision departments at all levels to strengthen the supervision of medical beauty advertising.

two Medical cosmetology referred to in this guide,Refers to the use of surgery medicine Medical devices and other traumatic or invasive medical technical methods to repair and reshape human appearance and the morphology of various parts of the human body.

Medical beauty advertising referred to in this guide,It refers to commercial advertisements that directly or indirectly introduce beauty medical institutions or medical beauty services through certain media or forms.

three Medical beauty advertisement belongs to medical advertisement,Advertisers must obtain the practice license of medical institutions according to law before they can publish or entrust to publish medical beauty advertisements.Advertisers publish medical beauty advertisements,It must be obtained according to law Medical advertisement examination certificate advertising operator Advertisement publisher design make agent Medical beauty advertisements must be examined according to law Medical advertisement examination certificate ,And release in strict accordance with the approved contents.

four Basis of beauty medical institutions law for the protection of consumers'interests Electronic commerce law And other laws and regulations and the provisions of the administrative department of health and health under the State Council Forms and ways to actively disclose medical and beauty service information,No commercial purpose,Generally, it is not regarded as commercial advertising.

five The market supervision department shall rectify all kinds of medical beauty advertising chaos according to law,Strive to solve the problem of great harm The problem of mass concentration,Focus on the following situations:

one Against the good social fashion,manufacture Facial anxiety ,Compare bad looks with low-energy lazy poor And other negative evaluation factors, or improper correlation between outstanding appearance and high-quality diligence success And other positive evaluation factors.

two Violation of drugs medical apparatus and instruments Advertising and other laws and regulations,Drugs that have not been approved or filed by the drug administration department Advertising of medical devices.

three Publicity without the approval of the administrative department of health Registered diagnosis and treatment subjects and service items.

four Publicize the effect of diagnosis and treatment or the safety of diagnosis and treatment Make a guaranteed commitment.

five In the name of trade associations and other social associations or organizations Image as proof,Use the name or image of the patient to compare the effect before and after diagnosis and treatment or to prove it.

six Use advertising spokesmen to make recommendations for medical beauty prove.The so-called in medical beauty advertisements Recommender Experience Officer etc.,Making a recommendation certificate for medical beauty in his own name or image,Should be recognized as an advertising spokesman.

seven To introduce health Health knowledge Character interview Release medical beauty advertisements in disguise in the form of news reports.

eight On food Health Food Disinfection products Cosmetics publicize the disease treatment function related to medical beauty.

nine Other violations of advertising laws and regulations,Acts that seriously infringe upon the rights and interests of the masses.

six In the process of medical beauty advertising supervision, the market supervision department,It is found that the institution engaged in medical beauty activities has not obtained the practice license or has not been filed,And life beauty institutions and other non-medical institutions to carry out medical beauty advertising,The health administrative department at the same level shall be informed in time.

seven Market supervision department in the process of medical beauty advertising supervision,It is found that the relevant advertisers have not obtained Medical advertisement examination certificate Or not Medical advertisement examination certificate Content of medical advertisements,according to advertising law While processing,It shall be reported to the administrative department of health at the same level.

eight Involved in medical beauty advertising doctor expert of,The market supervision department shall pay attention to the following situations:

one Health technicians appearing in medical beauty advertisements Name of medical education and scientific research institutions and their personnel The image is true,It shall be deemed as an illegal act of using doctors or professionals to endorse medical advertisements.

two The advertisement will not obtain the doctor's qualification or medical education according to law People with scientific research related titles claim to be doctor Medical expert And other medical professionals,Enough to mislead consumers into believing that they belong to professionals such as doctors,It should be recognized as false medical beauty advertisement.Relevant personnel are suspected of illegal medical practice,The health administrative department at the same level shall be informed in time.

three For health technicians An exclusive interview with medical education researchers The address and contact information of beauty medical institutions appear in the special report,Should be identified as an introduction to health Health knowledge Character interview Release medical beauty advertisements in disguise in the form of news reports.

nine Market supervision departments at all levels in the process of medical beauty advertising supervision,It is found that relevant illegal acts are suspected of crimes,Transfer to the public security organ in accordance with relevant regulations.

ten Market supervision departments at all levels shall provide guidance Urge the network platform to establish and improve the internal audit mechanism,In advertising In the process of providing Internet information services,Intercept illegal medical beauty advertising information.The network platform operator fails to perform the platform responsibility according to law,The market supervision department shall strictly investigate and deal with it according to law.