Food Ads Claiming Medical Efficacy Face Fines Up to 5 Million NTD; TFDA: Hints, Puns, and Typos Are Violations

To curb chaos in food advertising, the Taiwan Food and Drug Administration (TFDA) recently released compliance guidelines for food advertising. Even if businesses use hints, puns, or typos to promote products, they may be deemed in violation, and if they involve claims of medical efficacy, they can be fined up to 5 million NTD. The Ministry of Health and Welfare's TFDA announced the "Food Advertising Compliance Guidance" on May 19, explaining common violation patterns through principles and case studies, and providing a compliance judgment flowchart to help food businesses, advertising agencies, and marketing professionals self-examine and avoid crossing the line. Zheng Wei-zhi, head of the TFDA's Planning and Technology Management Division, told the media today that food advertisements account for the majority of illegal advertisements in the country. The spirit of the competent authority is not just to punish, but to "guide" from the source, allowing businesses to clearly grasp the boundary between promotion and regulation through the issuance of guidelines. He explained that any marketing or promotion of a product through various media or methods that makes the content known to the public, including influencer endorsements or sharing usage experiences, is considered an advertisement as long as the overall content is sufficient to lead consumers to a specific product, channel, or purchasing method and has the effect of soliciting commercial interest. Its content must not involve exaggeration, falsehood, or be easily misleading, nor can it claim medical efficacy. Zheng emphasized that the core of whether a violation occurs lies in the "overall presentation." It is not that writing a specific word in an advertisement is definitely a violation, or that not writing it makes it legal; rather, it depends on whether the "intent" conveyed by the overall copy, images, animations, or videos in the advertisement would lead consumers to believe that the product has the efficacy to treat diseases. Therefore, Zheng reminded that even if presented through metaphors, hints, puns, or typos, as long as it is sufficient to cause consumers to associate the food with medical efficacy, the health bureau may determine it as a violation and punish it according to the law. For example, common terms like "three highs," "turbid blood," or "liver fire," although they do not seem to directly write out disease names, if combined with specific images, such as animations of blood vessels clearing, to imply or describe that the product can change physiological functions or treat diseases, it belongs to a high-risk model involving medical efficacy. "When consumers are sick, they should seek medical treatment from a doctor, rather than pinning their hopes on health foods," Zheng said. This guideline summarizes past cases and uses practical explanations to assist businesses in self-discipline and compliance. Businesses should ensure that there is no falsehood, exaggeration, or misleading information when producing advertisements to avoid violating the law. The TFDA stated that if a food advertisement is determined by health authorities to violate Article 28, Paragraph 1 of the Act Governing Food Safety and Sanitation, involving falsehood, exaggeration, or being easily misleading, it can be fined between 40,000 and 4 million NTD. If it violates Article 28, Paragraph 2, involving claims of medical efficacy, it can be fined between 600,000 and 5 million NTD, and can be punished repeatedly, ordered to suspend business, or have its registration revoked.