State Administration of market supervision and administration: it is not allowed to express or imply that health food has the function of disease prevention or treatment

On December 26, the State Administration of Market Supervision issued the announcement on Further Strengthening the management of telemarketing behaviors of health food production and operation enterprises According to the announcement, when health food operators conduct health food marketing and publicity by telephone, they shall be true and legal, and shall not make false or misleading publicity; they shall not express or imply that health food has the function of disease prevention or treatment The following is the full text of the notice: according to the special action plan for comprehensive treatment of harassment telephone jointly issued by the Ministry of industry and information technology, the State Administration of market supervision and administration and other 13 departments (MIIT Lianxin Guan [2018] No 138, hereinafter referred to as the action plan), the special action for comprehensive treatment of harassment telephone has been organized nationwide for one and a half years since July 2018 In order to cooperate with this action, we hereby announce the following matters related to further strengthening the telemarketing behavior management of health food production and operation enterprises: ▌ 1 Health food production and operation enterprises shall seriously carry out the telemarketing behavior self inspection and self correction in accordance with the requirements of the action plan When health food operators conduct health food marketing and publicity by telephone, they shall be true and legal, and shall not make false or misleading publicity; they shall not express or imply that health food has the function of disease prevention or treatment; they shall not use the name of state organs, medical units, academic institutions, industry organizations, or the name of experts, medical personnel and consumers as products It is not allowed to make up the information of supervision, production and recommendation units of health food The health food for telemarketing shall comply with the relevant requirements of the food safety law of the people's Republic of China, and shall not exaggerate the functional scope and make false propaganda in the labels and instructions of health food ▌ 2 Local market supervision departments shall include telemarketing in the important content of daily supervision and management of health food, urge enterprises to fulfill their main responsibilities and standardize telemarketing behaviors Emphasis should be placed on strengthening the supervision and inspection of such behaviors as false propaganda of health food, explicit or implied disease prevention or treatment function Strengthen credit management, establish credit files, and, according to telemarketing monitoring and consumer complaints, put the sponsors and varieties of health food telemarketing with major violations into the regulatory "blacklist", and relevant administrative punishment information will be publicized to the public through the national enterprise credit information publicity system Local market supervision departments should strengthen communication with industry and information departments and public security organs, and establish a comprehensive mechanism for dealing with harassment telephone marketing and a joint disciplinary mechanism for violations of laws and regulations In case of any illegal telecommunication call service, it shall be handed over to the industry and information technology departments for handling in a timely manner Those suspected of illegal crimes shall be transferred to the public security organs in time to deal with them, forming a high-pressure situation of "one dishonest and limited everywhere", and striving to create a good social atmosphere for the whole society to grasp and co manage ▌ 3 Consumers who find illegal telemarketing of health food can call 12315 to complain We will encourage health food industry associations at all levels to give full play to their role of self-discipline and promote the healthy development of the industry General Administration of market supervision December 20, 2018