整治市场乱象 对未成年医美广告“零容忍” 医疗广告监管新规来了

Core Viewpoint - The State Administration for Market Regulation has released the "Guidelines for Medical Advertising Regulation," which details the principles and specific rules for regulating medical advertising, urging medical institutions to standardize their advertising activities [1] Group 1: Clarification of Regulatory Rules - The guidelines clarify the boundaries between legal and illegal medical advertising, addressing issues with the outdated 2007 medical advertising management measures that led to mechanical enforcement and weak operational applicability [2] - The guidelines aim to guide local market regulatory departments in strengthening the regulation of medical advertising and maintaining market order [2] Group 2: Addressing Public Concerns - The guidelines specify the conditions for identifying false medical advertisements, aiming to resolve the public's strong complaints about illegal medical advertising [3] - It is stated that advertisements using fictitious or misrepresented patients, doctors, or institutions, or making unsubstantiated claims about efficacy or safety, can be classified as false advertising [3] - The guidelines include specific provisions for medical beauty advertisements targeting minors and those containing absolute terms, emphasizing strict enforcement [3][4] Group 3: Enhancing Regulatory Efficiency - The guidelines standardize the discretionary power of administrative penalties for medical advertising violations, enhancing regulatory efficiency [5] - The principle of proportionality in penalties is emphasized, requiring a comprehensive assessment of the facts, nature, circumstances, and social harm of the violations [5] - If the content of medical advertisements does not exceed the information that health authorities require to be publicly disclosed, and is supported by legally valid documents, no administrative penalties may be imposed [5] Group 4: Promoting Compliance - The guidelines stress the importance of increasing legal awareness and compliance assistance for key medical institutions and internet platform companies [6]