Ministry of Health's request for further enhancement of the management of functional food advertising in Vietnam

Ministry of Health's request for further enhancement of the management of functional food advertising in Vietnam (Image from the internet)

On July 6, 2024, the Ministry of Health (Hanoi, Vietnam) issued Official Dispatch 3832/BYT-ATTP on further enhancement of the management of functional food advertising in Vietnam

Ministry of Health's request for further enhancement of the management of functional food advertising in Vietnam

Currently, on some social media platforms, some television and radio channels are advertising functional foods without an Advertising Content Certification, advertising false information, or advertising that does not match the content confirmed by the competent authorities. They use images and names of units, medical facilities, doctors, pharmacists, and healthcare workers to advertise, which can mislead users.

According to Clause 1 and Clause 2, Article 27 of Decree 15/2018/ND-CP dated February 2, 2018, of the Government of Vietnam, detailing the implementation of certain provisions of the Food Safety Law:- Before advertising, organizations or individuals must register the advertising content with the agency issuing the receipt of the product registration declaration according to current regulations.- The advertising content must match the utility and effect of the product as declared in the product declaration.- It is prohibited to use images, equipment, clothing, names, correspondence of units, medical facilities, doctors, pharmacists, healthcare workers, thank-you letters from patients, articles by doctors, pharmacists, and healthcare workers to advertise food.

Thus, the above actions are inconsistent with legal regulations. Additionally, some businesses exploit the images of artists, celebrities, and public figures to advertise in violation of regulations.

Implementing the directives of Prime Minister Pham Minh Chinh in Official Dispatch 4286/VPCP-KGVX dated June 20, 2024, from the Government Office regarding the management of functional food advertising activities, the Ministry of Health requests the People's Committees of provinces/cities under central authority:

(1) Direct the implementation of tasks and solutions mentioned in Notice 382/TB-VPCP dated September 16, 2023, and Notice 16/TB-VPCP dated January 17, 2024, from the Government Office notifying the Conclusion of the Deputy Prime Minister at meetings of the Central Inter-sectoral Steering Committee on Food Safety (notifications enclosed).

(2) Direct the enhancement of functional food advertising management in their regions. To be specific:

- Continue to implement Official Dispatch 4318/BYT-ATTP dated July 10, 2023, from the Ministry of Health on enhancing coordination in the management of health food advertising.

- Inspect and monitor functional food advertising, closely supervise seminars introducing functional foods according to legal regulations. Strictly handle the misuse of product introduction seminars for illegal medical examination and treatment, unauthorized counseling, selling, and introducing functional foods as medicines.

- Direct local press agencies to manage content in interactive programs, business promotions to avoid violating functional food advertising regulations; do not publish advertisements without content review by the competent authority or advertisements that do not match the content confirmed by the competent authority.

- Propagate and guide the public to only purchase functional food products when actually needed and use them according to the instructions; in case of illness, promptly visit medical facilities for examination and treatment; do not use products based on hearsay or without understanding the product.

- Publicly disclose the names of violating establishments, violating products, and the violations’ details on mass media according to legal regulations.

More details can be found in Official Dispatch 3832/BYT-ATTP issued on July 6, 2024.

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