Vietnam: Do not advertise food products in the form of an article composed by a doctor

Specifically, according to Article 7 of Circular No. 09/2015/TT-BYT of the Ministry of Health of Vietnam, requirements for grant of approval for a food, food additive advertisement content include:

- Food or food additive products endorsed by the certificate of declaration of conformity to food safety regulations (applicable to products that have not been governed by National technical regulations) or certificate of declaration of conformity issued by the competent regulatory authorities.

- Advertisement contents must conform to regulations laid down in Article 5 of Decree No. 181/2013/NĐ-CP of Vietnam’s Government and the followings:

+ As for advertisement contents other than those that have been already announced, legal documents, scientific studies that support these contents must be submitted while reference sources must be specified in the mockup or script of an advertisement; as for products with special use and storage, these must be presented in an advertisement;

+ An advertisement displayed on signboards, signs, banners, racks, shelves, or in the form of texts running at the bottom of the screen in a television program, imprinted on other items, or objects in the air, under the water, or movable objects, shall not be required to contain all information about how to use the product, effects, storage but shall be required to be consistent with the contents regulated by declaration of conformity or declaration of compliance with food safety regulations;

+ Do not advertise food products in the form of an article composed by a doctor, pharmacist, medical staff, and mention the content which may describe the effect of such products on disease treatment;

+ Prohibit using images, costumes, names or mails of organizations, healthcare establishments, doctors, pharmacists, medical staff and testimonials of patients to serve the purpose of advertising food products.

- All necessary documents must be submitted as stipulated in Article 16 hereof.

- Applicants for approval for advertisement contents are those who sign their names on the Certificate of Declaration of conformity or Certificate of Declaration of conformity with the food safety regulations (applicable to products on which the National technical regulations has not been set yet), or have their legal standing to be authorized in writing by the legal holder of Certificate of Declaration of conformity and Certificate of Declaration of conformity with the food safety regulations.

View more details at Circular No. 09/2015/TT-BYT of the Ministry of Vietnam, effective from July 16, 2015.

Le Hai

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