China Issues Guide on Supervising Medical Advertisements
Published 22 May 2025
Fei Dang
On May 9, 2025, the State Administration for Market Regulation (SAMR) issued a Guide on the Supervision of Medical Advertisements (the Guide).
The Guide states that only medical institutions established in accordance with the law may publish medical advertisements on their own or entrust others to do so, and the market regulation department shall be responsible for investigating and handling medical advertisement violations.
The Guide exemplifies various circumstances in the medical advertisement practices that require the market regulation department to make a decision that the punishment fits the crime. For instance, in case of publishing a medical advertisement without advertising review, and if the content of the advertisement is limited to the first name of the medical institution, address, form of ownership, type of medical institution, diagnostic and therapeutic subjects, the number of beds, reception time, contact telephone number, which are consistent with the matters in the medical institution practice license (recordal), then it can make a decision not to impose administrative penalties upon the relevant parties in accordance with the relevant provisions of the Administrative Penalty Law; in case the advertisement is inconsistent with the matters in the medical institutions license (recoral) and it may cause substantial misleading among consumers and patients to choose medical treatment. ) matters do not match, and will cause substantial misleading to consumers and patients to choose medical treatment, it shall investigate and punish the relevant parties in accordance with the Advertising Law.
Under certain circumstances, the Guide provides that it can decide to mitigate, reduce, or not impose administrative penalties on the relevant parties: (1) publicizing the name of the same medical consortium or the first name, address, and contact number of other medical institutions within the consortium, and the relevant information is consistent with the actual situation; (2) displaying pictures of the actual scene of the medical institution, and the relevant pictures are consistent with the actual situation; (3) labeling the specific location of the medical institution in the form of pictures or text, and it is true and accurate; (4) introducing diagnostic and therapeutic subjects as well as the scope of treatment thereof approved for registration or recorded that are obtained by medical institutions with standardized and accurate medical terminology; (5) introducing information about the medical institution that is beyond the scope of the active disclosure and does not involve the effect of diagnosis and treatment or diagnostic and therapeutic techniques and methods in accordance with legally binding documents.
On the other hand, the Guide also specifies circumstance that is punishable by law with severe penalties. For instance, “in case there are assertions or guarantees regarding efficacy and safety in a medical advertisement or statement regarding the cure rate and the effective rate, it shall be investigated in accordance with Article 58 of the Advertising Law; in case the content involves the treatment of cancer, prevention and control of youth myopia, or other major and difficult diseases, it shall be punished with a more severe punishment in accordance with the law.”
The Guide also addresses some specific issues, such as publishing medical advertisements in mass media aimed at minors, containing the creation of facial anxiety in medical cosmetic advertisements, etc. Under the for circumstances above, the market regulation department shall “order to stop publishing advertisements, impose a fine on the advertiser of more than 200,000 yuan and less than one million yuan, and if the circumstances are serious, the business license may be revoked, and the advertisement reviewing authority shall revoke the approval document for advertisement review, and shall not accept its application for advertisement review for one year; for the advertisement operator and the advertisement publisher, the market regulation department shall confiscate the cost of the advertisement, and impose a fine of more than 200,000 yuan and less than one million yuan, and if case the circumstances are serious, the business license may be revoked.” in accordance with Article 57 of the Advertisement Law.
Further, the Guide requires internet platform enterprises to strengthen the internal management thereof and implement the verification obligation for the platform operators operating medical service programs and the self-media engaged in the production of medical service information content. A violation of obligation and providing internet information services for medical advertisements issued by units or individuals other than medical institutions established in accordance with the law will result in confiscation of illegal income by the market regulation department. In case of illegal income of more than 50,000 yuan, a fine of more than the illegal income but less than three times thereof will be imposed; if the illegal income of less than 50,000 yuan, a fine of more than 10,000 yuan but less than 50,000 yuan will be imposed; and if the circumstances are serious, the relevant departments will stop the relevant business in accordance with the law, as it is provided in Article 63 of the Advertisement Law.
It can be seen from the examples above that the Guide specifies the principles and specific regulatory rules for the supervision and enforcement of the medical advertisements and regulates the exercise of discretionary power. For instance, under the principle of the punishment fitting the crime, it lists three supervision circumstances that can be a) exempt from administrative punishment; 2) mitigated, reduced, or exempt from administrative penalties; or c) punished severely by the market regulation department on the basis of facts, nature, circumstances, and degree of social harm of the medical advertisement violations. It is reported that the issuance of the Guide is not only an upgrade of the regulation rules but also an important guarantee for people’s health rights and interests. The Guide has come into effect since its issuance date.
The Guide states that only medical institutions established in accordance with the law may publish medical advertisements on their own or entrust others to do so, and the market regulation department shall be responsible for investigating and handling medical advertisement violations.
The Guide exemplifies various circumstances in the medical advertisement practices that require the market regulation department to make a decision that the punishment fits the crime. For instance, in case of publishing a medical advertisement without advertising review, and if the content of the advertisement is limited to the first name of the medical institution, address, form of ownership, type of medical institution, diagnostic and therapeutic subjects, the number of beds, reception time, contact telephone number, which are consistent with the matters in the medical institution practice license (recordal), then it can make a decision not to impose administrative penalties upon the relevant parties in accordance with the relevant provisions of the Administrative Penalty Law; in case the advertisement is inconsistent with the matters in the medical institutions license (recoral) and it may cause substantial misleading among consumers and patients to choose medical treatment. ) matters do not match, and will cause substantial misleading to consumers and patients to choose medical treatment, it shall investigate and punish the relevant parties in accordance with the Advertising Law.
Under certain circumstances, the Guide provides that it can decide to mitigate, reduce, or not impose administrative penalties on the relevant parties: (1) publicizing the name of the same medical consortium or the first name, address, and contact number of other medical institutions within the consortium, and the relevant information is consistent with the actual situation; (2) displaying pictures of the actual scene of the medical institution, and the relevant pictures are consistent with the actual situation; (3) labeling the specific location of the medical institution in the form of pictures or text, and it is true and accurate; (4) introducing diagnostic and therapeutic subjects as well as the scope of treatment thereof approved for registration or recorded that are obtained by medical institutions with standardized and accurate medical terminology; (5) introducing information about the medical institution that is beyond the scope of the active disclosure and does not involve the effect of diagnosis and treatment or diagnostic and therapeutic techniques and methods in accordance with legally binding documents.
On the other hand, the Guide also specifies circumstance that is punishable by law with severe penalties. For instance, “in case there are assertions or guarantees regarding efficacy and safety in a medical advertisement or statement regarding the cure rate and the effective rate, it shall be investigated in accordance with Article 58 of the Advertising Law; in case the content involves the treatment of cancer, prevention and control of youth myopia, or other major and difficult diseases, it shall be punished with a more severe punishment in accordance with the law.”
The Guide also addresses some specific issues, such as publishing medical advertisements in mass media aimed at minors, containing the creation of facial anxiety in medical cosmetic advertisements, etc. Under the for circumstances above, the market regulation department shall “order to stop publishing advertisements, impose a fine on the advertiser of more than 200,000 yuan and less than one million yuan, and if the circumstances are serious, the business license may be revoked, and the advertisement reviewing authority shall revoke the approval document for advertisement review, and shall not accept its application for advertisement review for one year; for the advertisement operator and the advertisement publisher, the market regulation department shall confiscate the cost of the advertisement, and impose a fine of more than 200,000 yuan and less than one million yuan, and if case the circumstances are serious, the business license may be revoked.” in accordance with Article 57 of the Advertisement Law.
Further, the Guide requires internet platform enterprises to strengthen the internal management thereof and implement the verification obligation for the platform operators operating medical service programs and the self-media engaged in the production of medical service information content. A violation of obligation and providing internet information services for medical advertisements issued by units or individuals other than medical institutions established in accordance with the law will result in confiscation of illegal income by the market regulation department. In case of illegal income of more than 50,000 yuan, a fine of more than the illegal income but less than three times thereof will be imposed; if the illegal income of less than 50,000 yuan, a fine of more than 10,000 yuan but less than 50,000 yuan will be imposed; and if the circumstances are serious, the relevant departments will stop the relevant business in accordance with the law, as it is provided in Article 63 of the Advertisement Law.
It can be seen from the examples above that the Guide specifies the principles and specific regulatory rules for the supervision and enforcement of the medical advertisements and regulates the exercise of discretionary power. For instance, under the principle of the punishment fitting the crime, it lists three supervision circumstances that can be a) exempt from administrative punishment; 2) mitigated, reduced, or exempt from administrative penalties; or c) punished severely by the market regulation department on the basis of facts, nature, circumstances, and degree of social harm of the medical advertisement violations. It is reported that the issuance of the Guide is not only an upgrade of the regulation rules but also an important guarantee for people’s health rights and interests. The Guide has come into effect since its issuance date.