China’s SAMR Issues Guidelines for the Identification of Medical Advertising
Published 15 August 2025
Yu Du
On 13 August 2025, the State Administration for Market Regulation (SAMR) in collaboration with the the two medical and pharmaceutical regulatory authorities, released the Guidelines for the Identification of Medical Advertising (Guidelines). The move responds to the growing difficulty in distinguishing between genuine medical information disclosure, public health education, and covert promotional advertising, amid rising public demand for diverse medical services and health knowledge. The Guidelines aim to refine principles and standards for identifying medical advertisements, providing clear operational guidance that both safeguards legitimate public health communications and strengthens enforcement against disguised illegal promotions.
1. Definition and Scope of Medical Advertising
The Guidelines reaffirm the definition in existing laws: medical advertising refers to promotional content, in any media or form, that directly or indirectly introduces a medical institution or its services. Only legally established medical institutions are permitted to release such advertisements. Any other entities or individuals are prohibited from publishing or commissioning medical advertisements.
Market regulators are tasked with considering the content, channels, and modes of dissemination when determining whether material constitutes medical advertising.
2. Exceptions - Information Disclosure and Medical Research
Certain activities are explicitly excluded from the definition of advertising. For example, when a medical institution publishes recruitment notices for clinical trials or research participants for scientific purposes, such activities are not considered advertising. Similarly, triage services, patient guidance, or online consultations conducted in compliance with internet healthcare regulations do not constitute advertising.
3. Lawful Medical Information Disclosure
The Guidelines provide for legitimate public disclosure of medical information through official channels. When medical institutions release essential details, such as institutional profiles, public service functions, key departments, staff qualifications, service items, treatment processes, insurance, prices, and complaint procedures, via official premises, their own websites, verified self-media, or approved e-commerce platforms, and without promotional intent, such disclosures are not deemed advertising. These publications must comply with applicable health institution information disclosure rules.
4. When Disclosure Becomes Advertising
However, the Guidelines set clear boundaries. If, in the course of information disclosure, a medical institution engages in subjective promotion, such as highlighting the superiority of facilities, making evaluative or guaranteed claims about techniques or outcomes, comparing with other institutions, or otherwise aiming to promote itself, this is deemed medical advertising.
5. Health Science Popularization and Its Limits
The Guidelines also distinguish legitimate health science publicity from covert advertising. Medical institutions and practitioners may conduct health education using text, images, video, or livestreams, introducing their names, titles, workplaces, and departments to ensure credibility.
Yet, Article 8 of the Guidelines clearly states:
“When any entity, organization, or individual conducts science popularization activities, if any of the following circumstances exist, it shall be deemed to constitute disguised medical advertising in the form of introducing health or wellness knowledge:
1) Promoting a specific medical institution or its medical services by claiming advantages in diagnosis and treatment technology, hardware equipment, or treatment outcomes;2) Explicitly or implicitly suggesting that receiving treatment at a specific medical institution will result in better safety assurance, therapeutic efficacy, or price benefits;3) Directly or indirectly promoting the specific medical services of the institution itself or of other medical institutions;4) Using cases or case studies to promote a specific medical institution or its medical services;5) Adding, on the internet page for science popularization, hyperlinks related to medical institutions or medical service items relevant to the popularization content, or adding purchase links for medicines, medical devices, or other products necessary for the corresponding medical services;6) Any other circumstance involving the promotion of a specific medical institution or its medical services.”
6. Regulatory Cooperation and Enforcement
The Guidelines stress inter-agency cooperation. Market regulators, health authorities, and traditional Chinese medicine regulators share responsibilities: each must act within its jurisdiction and share findings. Cases of suspected disguised medical advertising identified during routine supervision should be promptly referred to the appropriate department.
Violations may be deemed “serious” under the Advertising Law and Measures for the Administration of Medical Advertising if they, for instance, cause death or serious harm, involve unlicensed medical institutions, or are repeated within a year with significant negative impact. Such cases may be transferred to law enforcement for criminal investigation.
Comment
The issuance of the Guidelines is an important measure to regulate the boundaries between medical service promotion, lawful information disclosure, and public health education. By setting clear definitions and identification standards, it not only prevents false publicity that could mislead patients and endanger safety, but also safeguards the right of medical institutions to disclose necessary service information and carry out health science popularization, thereby helping to improve order in the medical advertising market.
1. Definition and Scope of Medical Advertising
The Guidelines reaffirm the definition in existing laws: medical advertising refers to promotional content, in any media or form, that directly or indirectly introduces a medical institution or its services. Only legally established medical institutions are permitted to release such advertisements. Any other entities or individuals are prohibited from publishing or commissioning medical advertisements.
Market regulators are tasked with considering the content, channels, and modes of dissemination when determining whether material constitutes medical advertising.
2. Exceptions - Information Disclosure and Medical Research
Certain activities are explicitly excluded from the definition of advertising. For example, when a medical institution publishes recruitment notices for clinical trials or research participants for scientific purposes, such activities are not considered advertising. Similarly, triage services, patient guidance, or online consultations conducted in compliance with internet healthcare regulations do not constitute advertising.
3. Lawful Medical Information Disclosure
The Guidelines provide for legitimate public disclosure of medical information through official channels. When medical institutions release essential details, such as institutional profiles, public service functions, key departments, staff qualifications, service items, treatment processes, insurance, prices, and complaint procedures, via official premises, their own websites, verified self-media, or approved e-commerce platforms, and without promotional intent, such disclosures are not deemed advertising. These publications must comply with applicable health institution information disclosure rules.
4. When Disclosure Becomes Advertising
However, the Guidelines set clear boundaries. If, in the course of information disclosure, a medical institution engages in subjective promotion, such as highlighting the superiority of facilities, making evaluative or guaranteed claims about techniques or outcomes, comparing with other institutions, or otherwise aiming to promote itself, this is deemed medical advertising.
5. Health Science Popularization and Its Limits
The Guidelines also distinguish legitimate health science publicity from covert advertising. Medical institutions and practitioners may conduct health education using text, images, video, or livestreams, introducing their names, titles, workplaces, and departments to ensure credibility.
Yet, Article 8 of the Guidelines clearly states:
“When any entity, organization, or individual conducts science popularization activities, if any of the following circumstances exist, it shall be deemed to constitute disguised medical advertising in the form of introducing health or wellness knowledge:
1) Promoting a specific medical institution or its medical services by claiming advantages in diagnosis and treatment technology, hardware equipment, or treatment outcomes;2) Explicitly or implicitly suggesting that receiving treatment at a specific medical institution will result in better safety assurance, therapeutic efficacy, or price benefits;3) Directly or indirectly promoting the specific medical services of the institution itself or of other medical institutions;4) Using cases or case studies to promote a specific medical institution or its medical services;5) Adding, on the internet page for science popularization, hyperlinks related to medical institutions or medical service items relevant to the popularization content, or adding purchase links for medicines, medical devices, or other products necessary for the corresponding medical services;6) Any other circumstance involving the promotion of a specific medical institution or its medical services.”
6. Regulatory Cooperation and Enforcement
The Guidelines stress inter-agency cooperation. Market regulators, health authorities, and traditional Chinese medicine regulators share responsibilities: each must act within its jurisdiction and share findings. Cases of suspected disguised medical advertising identified during routine supervision should be promptly referred to the appropriate department.
Violations may be deemed “serious” under the Advertising Law and Measures for the Administration of Medical Advertising if they, for instance, cause death or serious harm, involve unlicensed medical institutions, or are repeated within a year with significant negative impact. Such cases may be transferred to law enforcement for criminal investigation.
Comment
The issuance of the Guidelines is an important measure to regulate the boundaries between medical service promotion, lawful information disclosure, and public health education. By setting clear definitions and identification standards, it not only prevents false publicity that could mislead patients and endanger safety, but also safeguards the right of medical institutions to disclose necessary service information and carry out health science popularization, thereby helping to improve order in the medical advertising market.