Food companies that advertise exaggerated or unproven therapeutic effects about their products are to face stricter penalties under updated rules that take effect immediately, the Food and Drug Administration (FDA) said yesterday.
The agency said it has updated the Regulations on Handling Advertisements as Stipulated Under Article 45 of the Act Governing Food Safety and Sanitation (食品安全衛生管理法第四十五條規定廣告處理原則), raising the fines for food advertisements that tout exaggerated or false therapeutic effects or mislead consumers with celebrity endorsements.
The changes raised the fines to between NT$40,000 and NT$4 million (US$1,278 and US$127,791), Planning and Technological Oversight Division Director-General Hsu Chao-kai (許朝凱) said.
Photo: CNA
Companies airing advertisements claiming to treat or cure conditions or symptoms can be fined NT$600,000 to NT$5 million, Hsu said.
As food advertisement offenses have risen in parallel with the amount of airtime they receive, the change increases the penalties for serial breachers, he said.
Advertisements that are aired on national television or shopping channels for 60 seconds or longer; include professionals, institutes or celebrities to endorse their product; show a contrasting picture of before and after use of the product; or cite unverified scientific data can all be fined, he said.
The FDA can increase the amount of fines per offense and add a certain sum based on how intentional the contravention was and how harmful the product could be, among other reasons, he said.
The FDA recorded 3,394, 4,574 and 7,472 contraventions of regulations on food advertisements in 2021, 2022 and last year respectively, resulting in total fines of NT$167 million, NT$133 million and NT$291 million.
Last year, 3,730 breaches, or 49.9 percent, were for advertisements online, while TV ads made up 41.8 percent of the cases, it said.
Current regulations on airtime cannot be applied to advertisements broadcast on TV screens outside of buildings or in MRT stations, he said.
As handheld devices supplant television, Hsu said that online advertisements greatly influence the public more than those on TV.
The agency is monitoring the extent to which online advertising affects people and is in talks with international companies about removing sites and groups posting advertisements that contravene the law, he said.
Additional reporting by CNA
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