What Is Alcohol Advertising?

Decree No. 39 of the State Administration for Industry and Commerce of the People's Republic of China was issued on November 17, 1995, and came into effect on January 1, 1996. This article will be amended in accordance with Order No. 21 of the State Administration for Industry and Commerce on September 28, 2005 "State Administration for Industry and Commerce's Decision on Adjusting the Corresponding Provisions of the Regulations Concerning Advertising Regulations in Accordance with the Newly Revised Implementation Regulations on Advertising Management Regulations" For details, please refer to the relevant clauses. On October 27, 2017, the "Decision of the State Administration for Industry and Commerce on Abolishing and Modifying Some Regulations" (Order 92) decided to abolish the Measures for the Administration of Alcohol Advertising. ^[1]

Measures for the Administration of Alcohol Advertising

Decree No. 39 of the State Administration for Industry and Commerce of the People's Republic of China was issued on November 17, 1995, and came into effect on January 1, 1996. This article will be amended in accordance with Order No. 21 of the State Administration for Industry and Commerce on September 28, 2005 "State Administration for Industry and Commerce's Decision on Adjusting the Corresponding Provisions of the Regulations on Advertising Regulations in Accordance with the Newly Revised Implementation Regulations on Advertising Management Regulations" For details, please refer to the relevant clauses. On October 27, 2017, the "Decision of the State Administration for Industry and Commerce on Abolishing and Modifying Some Regulations" (Order 92) decided to abolish the Measures for the Administration of Alcohol Advertising. ^[1]

Chinese name

Measures for the Administration of Alcohol Advertising

Foreign name

Alcohol advertising management approach

Regulatory status

Repealed

Measures for the Administration of Alcohol Advertising

Article 1 In order to strengthen the management of alcohol advertisements, protect the legitimate rights and interests of consumers, and maintain good social customs, in accordance with the Advertising Law of the People's Republic of China (hereinafter referred to as the "Advertising Law"), the "Advertising Management Regulations" and the "Advertising Management" Regulations Implementing Rules, formulated these measures.
Article 2 The alcohol advertisements mentioned in these Measures refer to advertisements containing the contents of alcoholic commodities, trademarks, packaging, and names of wine-making enterprises.
Article 3 The publication of alcohol advertisements shall comply with the provisions of the Advertising Law and other relevant laws and administrative regulations.
Article 4 Advertisers who design or produce alcohol advertisements by themselves or entrust others shall have or provide the following authentic, legal and valid certification documents:
(1) Business license and other certification documents for production and business qualifications;
(2) An inspection certificate issued by a food quality inspection agency at or above the provincial and municipal level that is prescribed or approved by the state;
(3) To publish advertisements of alcoholic commodities produced overseas, a sanitary certificate approved and issued by the imported food hygiene supervision and inspection agency shall be issued;
(4) Other certification documents to confirm the authenticity of the advertising content.
No unit or individual may forge or alter the above-mentioned documents to issue advertisements.
Article 5 For alcohol advertisements with inaccurate contents or incomplete supporting documents, advertising operators shall not operate and advertising publishers shall not publish them.
Article 6 The advertisement of alcoholic beverages shall comply with the matters of sanitary license, and shall not use medical terms or terms that are easily confused with drugs.
The advertisement of alcoholic products with medical functions approved by the health administrative department shall be managed in accordance with the Measures for the Examination of Drug Advertisements and the Standards for the Examination of Drug Advertisements.
Article 7 The following shall not appear in alcohol advertisements:
(1) Instigate, advocate and induce people to drink or promote uncontrolled drinking;
(2) drinking actions;
(3) the image of the minor;
(4) Demonstrating potentially dangerous activities such as driving cars, boats, and airplanes;
(5) Unscientific expressions or hints such as "eliminating tension and anxiety" and "increasing physical strength";
(6) Explicit or implied attribution of personal, commercial, social, sports, sexual life or other aspects of success to drinking;
(7) the results of various appraisals, awards, brand names, and recommendations on alcoholic commodities;
(8) It does not meet the requirements of socialist spiritual civilization construction, and violates the good social customs and other unscientific and untrue content.
Article 8 In all kinds of temporary advertising activities, as well as in advertisements that include gifts, gifts of alcoholic beverages may not appear as prizes or gifts.
Article 9 The mass media must not violate the following regulations when publishing alcohol advertisements:
(1) Television: each set of alcohol advertisements published daily, not more than two during special periods (19:00-21:00), and not more than ten daily during ordinary periods;
(2) Broadcasting: There must be no more than two alcohol advertisements published per hour for each program;
(3) Newspapers and periodicals: The number of alcohol advertisements issued in each issue shall not exceed two, and shall not be published on the first page of a newspaper or on the cover of a periodical.
Article 10 Anyone who violates the provisions of Article 4, paragraph 2 of these Measures shall be punished in accordance with Article 37 of the Advertising Law.
Article 11 Anyone who violates the provisions of Article 5 of these Measures shall be punished in accordance with Article 27 of the Implementing Rules for Advertising Administration.
Article 12 Anyone who violates Article 6 of these Measures shall be punished in accordance with Articles 41 and 43 of the Advertising Law.
Article 13 Anyone who violates Articles 7, 8 and 9 of these Measures shall be punished in accordance with Article 39 of the Advertising Law.
Article 14 The interpretation of these measures is the responsibility of the State Administration for Industry and Commerce.
Article 15 These Measures shall be implemented as of January 1, 1996. ^[2]