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Regulations of Zhejiang Province on Advertising Management

chapter I general provisions article 1 in order to standardize advertising activities, promote the healthy development of the advertising industry, and protect the legitimate rights and interests of consumers, advertisers, advertising agents and publishers, these regulations are formulated in accordance with the provisions of the advertising law of the people's Republic of China and other laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to advertising activities and the supervision and administration of advertising activities within the administrative region of this province. Article 3 The people's governments at or above the county level shall attach importance to advertising management and take measures to create a good external environment for the development of the advertising industry. Article 4 The administrative department for industry and commerce at or above the county level is the advertising supervision and administration organ, which is responsible for the supervision and administration of advertising activities within its administrative area.

advertising censorship organs such as health, food and drug supervision and agriculture, and administrative departments such as press and publication, radio and television, education and construction (planning and urban management) shall, according to their respective responsibilities, do a good job in advertising censorship, supervision and management. Article 5 Provincial, municipal and county advertising associations shall carry out their work in accordance with these Regulations and their articles of association, and help maintain the order of the advertising market. Article 6 The lawful rights and interests of advertisers, advertising agents and advertisement publishers shall be protected by law.

when engaging in advertising activities, advertisers, advertising agents and publishers shall abide by laws and regulations, follow the principles of fairness, honesty and credibility, and shall not harm the interests of the public or engage in unfair competition. Article 7 Advertising activities shall be subject to social supervision. Any unit or individual has the right to report advertisements that do not conform to the provisions of laws and regulations to the advertising supervision and administration organs and the advertising examination organs. Chapter II Advertising Contents Article 8 Advertising contents shall be true and lawful, conform to the requirements of socialist spiritual civilization construction, and the language, characters and units of measurement used shall conform to the relevant provisions of the state. Article 9 The following advertisements shall clearly state the relevant matters:

(1) Advertisements involving preferential contents or measures shall specifically indicate the preferential commodity or service items, time limit, range or amount;

(2) Advertisements promoting equipment with special accessories shall indicate the accessories that must be purchased for such equipment;

(3) Advertisements promoting seeds, seedlings, breeding livestock and poultry shall indicate the geographical scope and conditions suitable for planting or breeding;

(4) The advertisement of mail-order goods shall indicate the advertiser's real name, detailed address, contact time and method, and the time limit for sending mail-order goods after receiving remittance;

(5) If the goods or services advertised involve new techniques and technologies, the source shall be indicated;

(6) other matters that should be marked according to laws and regulations. Article 11 An advertisement under any of the following circumstances shall be deemed as a false advertisement:

(1) The goods or services advertised in the advertisement do not exist;

(2) The producer, quality, price, ingredients, performance, use, expiration date, place of origin or service provider, content, form, utility (efficacy) and other information of the goods advertised in the advertisement are obviously inconsistent with the actual situation;

(3) The promises related to commodities or services in advertisements are not fulfilled;

(4) falsely claiming that a commodity or service has passed the certification or won an honorary title without the approval of the competent state department or authorized unit;

(5) using fictitious or forged scientific research achievements, statistical data, survey results, abstracts, quotations and other supporting materials in advertisements;

(6) The efficacy, indications (functional indications), adaptation scope or applicable population of the products advertised in the advertisements of drugs, medical devices and health foods are beyond the approval scope of the food and drug supervision and administration department;

(7) medical advertisements publicize the diagnosis and treatment effect, medical technology and methods, or the publicized diagnosis and treatment subjects are beyond the scope approved by the health administrative department;

(8) The utility or performance of the product advertised in the advertisement for special-purpose cosmetics is beyond the scope approved by the competent national health department;

(9) Other major information is false. Article 11 The contents of advertisements shall not contain any of the following situations that belittle other people's goods or services:

(1) unilaterally promoting or exaggerating the defects of other people's goods or services;

(2) comparing the results of identification, appraisal and ranking without legal or regulatory basis with others' goods or services, so as to highlight their own goods or services;

(3) other circumstances that damage the commercial reputation of others or the reputation of commodities. Article 12 Advertisements of medicines, health foods, medical devices and cosmetics for special purposes shall not contain contents that are compared with the efficacy and safety of other medicines, health foods, medical devices and cosmetics for special purposes. Article 13 It is forbidden to publish advertisements for prescription drugs in media other than medical and pharmaceutical journals designated by the state.

It is forbidden to publish advertisements for over-the-counter drugs to improve and treat sexual dysfunction in media other than medical and pharmaceutical professional journals designated by the state.

it is forbidden to publish advertisements of medical devices for treating AIDS, improving and treating sexual dysfunction in media other than medical and pharmaceutical professional journals designated by the state. Article 14 the contents of medical advertisements can only be limited to the following items:

(1) the first name of a medical institution;

(2) the address of the medical institution;

(3) the form of ownership;

(4) categories of medical institutions;

(5) diagnosis and treatment subjects;

(6) Number of beds;

(7) consultation time;

(8) telephone, e-mail, website and other contact information.

it is forbidden to publish medical advertisements with contents other than those specified in the preceding paragraph.