Is it illegal to advertise functional foods in Vietnam? What text or announcement should be contained when advertising functional foods in Vietnam?

Is it illegal to advertise functional foods in Vietnam?

Article 7 of the Law on Advertising 2012 stipulates that products, goods and services banned from advertising are as follows:

1. Goods and services banned from trade as prescribed by law.

2. Cigarettes.

3. Wine that contains 15⁰ alcohol or above.

4. Dairy being breast milk substitute for children under 24 months old, dietary supplements for children under 06 months old; artificial feeding bottles and pacifiers

5. Prescription drugs, non-prescription drugs recommended by competent State agencies to use restrictively or under the doctor’s supervision.

6. Pornographic products.

7. Shotguns and cartridges, sporting weapons and products that might incite violence.

8. Other products, goods and services banned from advertising specified by the Government depending on the actual requirements.

Thus, according to the above regulations in Vietnam, functional foods do not belong to the products and goods that are prohibited from advertising. It is not illegal for you to run functional food ads for G supplement trading company.

What text or announcement should be contained when advertising functional foods in Vietnam?

According to Article 5 of Decree No. 181/2013/ND-CP stipulating advertisements for foods and food additives as follows:

1. The contents of an advertisement for foods or food additives must be conformable with the Certificate of Declaration of conformity.

2. An advertisement for foods or food additives must contain:

a) Names of foods or food additives;

b) Name and address of the entity in charge of launching the product;

3. Advertisements for foods or food additives comply with Clause 2 of this Article and contain the details below:

a) Primary and secondary effects (if any);

b) The text or announcement “This product is not a medicine and is not a substitute for medicines”.

4. Do not advertise functional foods in a way that cause people to confuse them with medicines.

5. The information mentioned in Point a Clause 2 and Clause 3 of this Article must be clearly spoken when advertising functional foods on audio and video news.

Therefore, according to the above regulations in Vietnam, when you advertise functional foods, you should note that you must warn on the product that the sentence: "This product is not a medicine and is not a substitute for medicines".

What are penalties for failure to have the warning when advertising functional foods according to the provisions of the law in Vietnam?

In Article 52 of Decree 38/2021/ND-CP as amended by Point a, Clause 15, Article 4 of Decree 129/2021/ND-CP, violations against regulations regarding advertising for foods and food additives are as follows: 

1. A fine ranging from VND 5,000,000 to VND 10,000,000 for failure to have or correctly write or clearly read out or display the warning saying “Thực phẩm này không phải là thuốc và không có tác dụng thay thế thuốc chữa bệnh” (“This food is not a medicine and does not substitute for a medicine”) when advertising dietary supplements.

2. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Advertising food or food additives to the extent that such advertisement is not consistent with one of the prescribed documents;

b) Advertising a food or food additive without one of the following information: name of the food or food additive; warnings about risks and warnings to illicit users according to one of the prescribed documents about functional foods; name and address of the organization and individual responsible for bringing the product to market;

c) Advertising on electronic devices installed at public places; handing out or presenting printouts, audio recordings, video recordings, devices used for storage of food introduction data that are not consistent with the dossier of announcement of regulation conformity, the dossier of registration of announcement of product or the dossier of self-announcement of product or the dossier of registration for confirmation of advertising contents at fairs, seminars, conferences or exhibitions.

3. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for the act of organizing fairs, seminars, conferences or exhibitions that handing out or presenting print, audio and video recording products and devices for storage of data on introduction of food products and food additives if their content is not confirmed as required by law by a competent state authority.

4. Imposing the fine ranging from 20,000,000 dong to 30,000,000 dong for one of the following violations:

a) Running advertisements using images, equipment, costumes, names or letters of medical units, health facilities, doctors, pharmacists, medical staff, thank you letters or thank you notes from patients or articles of doctors, pharmacists or medical staff;

b) Using advertisements for functional foods to the extent that they are misunderstood as medicines;

c) Showing food advertisements containing posts, quotes or opinions of patients describing foods as medicines.

5. Other supplementary penalties:

a) Withholding the right to use the acknowledgement of receipt of registration for announcement of product for the duration of between 01 and 03 months in case of commission of violations arising from advertising for health protection foods twice or more times within the period of 06 months;

b) Withholding the right to use the acknowledgement of receipt of registration for announcement of product for the duration of between 03 and 05 months; the right to use the Certificate of advertisement content for the duration ranging from 22 to 24 months, for the violations specified in clause 4 of this Article in case of commission of violations regarding advertising for health protection foods twice or more times within the period of 06 months.

6. Remedies:

a) Compelling ratification of false information with respect to the violations specified in point a and b of clause 2 and clause 4 of this Article;

b) Compelling the removal, demolition and deletion of advertisements or the recall of print products and magazines containing advertisements with respect to the acts specified in point a and b of clause 2 and 4 of this Article;

c) Compelling the destruction or elimination of exhibits involved in the violations referred to in point c of clause 2 and clause 3 of this Article. 

Therefore, if you advertise functional foods that you do not have the warning in accordance with the law in Vietnam, you will be fined from 5,000,000 VND to 10,000,000 VND.

Best Regards!