医疗广告
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划清医疗广告认定边界
Jing Ji Ri Bao· 2025-09-12 00:09
Core Viewpoint - The recent release of the "Guidelines for Medical Advertising Recognition" by the National Market Supervision Administration, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to clarify the principles and standards for medical advertising recognition, providing clearer and more operational guidance for medical advertising regulation [1][2] Group 1: Regulatory Challenges - The difficulty in regulating medical advertising stems from the blurred lines between medical advertising, information disclosure, and health education, especially with the rapid development of "Internet + Healthcare" [1] - Legitimate information disclosure or health education by medical institutions may be misclassified as advertising, while illegal operators may disguise advertisements as educational content, creating challenges for regulation [1] Group 2: Guidelines and Standards - The Guidelines specify that only legally established medical institutions can publish medical advertisements, clearly defining the qualifications required for advertisers and cutting off illegal entities from entering the market [1] - Clear standards for distinguishing between medical advertising, health education, and medical information have been established, providing a basis for platform management and regulatory oversight [1] Group 3: Responsibilities and Enforcement - All parties are urged to take responsibility to purify the industry ecosystem, with platforms required to verify the qualifications of medical advertisement publishers and eliminate unlicensed accounts [2] - Regulatory bodies should enhance daily supervision and establish a collaborative mechanism across departments to strengthen enforcement against illegal activities [2] - There is a call for increased penalties for violations, improvement of the blacklist system, and regular special governance actions to ensure timely rectification by platforms [2] Group 4: Technological Integration - The emergence of new technologies, such as AI, presents new challenges for the regulation of medical advertising, as illegal advertisements become more covert and fragmented [2] - Relevant departments and platforms are encouraged to explore the use of new technologies to enhance regulatory effectiveness, ensuring that technological applications complement industry governance [2]
《医疗广告认定指南》发布:划清边界,严打变相违法广告
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-15 02:36
Core Viewpoint - The release of the "Medical Advertising Recognition Guidelines" aims to maintain order in the medical advertising market and clarify the distinction between medical advertising, medical information, and health education [1][3][4]. Regulatory Framework - The guidelines continue the strict regulatory principles established in existing laws and regulations, allowing only legitimate medical institutions to publish medical advertisements [1][2]. - The guidelines provide clearer and more actionable directives for regulatory bodies, enhancing their ability to combat illegal medical advertising disguised as health information [1][2][6]. Market Oversight - In the first half of 2025, regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan [2][7]. - The guidelines encourage local regulatory bodies to refine collaborative mechanisms with health and traditional medicine departments, enhancing overall regulatory effectiveness [6][7]. Distinction of Medical Advertising - Medical institutions' disclosure of necessary patient information does not constitute medical advertising unless it includes subjective endorsements or comparisons with other institutions [4][5]. - Any organization or individual promoting specific medical institutions or services in health education content will be deemed to be engaging in illegal medical advertising [5][6]. Collaborative Efforts - The guidelines emphasize the need for collaboration among market regulation, health, and traditional medicine departments to effectively address the issues surrounding medical advertising [6][7]. - Social media and online platforms are urged to enhance compliance management and take proactive measures to identify and eliminate illegal medical advertising [7].
上半年共查办医疗违法案件1666件
Mei Ri Jing Ji Xin Wen· 2025-08-14 15:15
Core Viewpoint - The National Market Regulation Administration has intensified its regulatory efforts on medical advertising, particularly targeting fraudulent "miracle doctor" ads, and has introduced new guidelines to enhance enforcement and collaboration with relevant departments [1][2][3]. Regulatory Actions - In the first half of 2025, a total of 1,666 illegal medical advertising cases were investigated, resulting in fines totaling 12.78 million yuan [1]. - The administration has publicly exposed 30 typical cases of illegal advertising across various sectors, including medical beauty and medical devices [1]. New Guidelines - Two new guidelines were introduced: the "Medical Advertising Regulatory Work Guidelines" and the "Medical Advertising Recognition Guidelines," aimed at clarifying the principles and rules for medical advertising regulation [2][3]. - The "Medical Advertising Regulatory Work Guidelines" provide detailed regulations for enforcement, including specific illegal advertising behaviors and responsibilities for internet platforms [2]. - The "Medical Advertising Recognition Guidelines" define what constitutes medical advertising and emphasize that only legally established medical institutions can publish such ads [3]. Collaborative Efforts - The administration has strengthened inter-departmental collaboration, enhancing the effectiveness of medical advertising regulation through joint enforcement and information sharing [5][6]. - Local market regulation departments are actively cooperating with industry authorities to improve the regulatory outcomes of medical advertising [5]. Future Directions - The administration plans to guide local departments in promoting compliance among medical institutions regarding advertising practices and to continue researching complex regulatory issues [6].
以科普引流医疗服务属变相广告,将受严格监管
21世纪经济报道· 2025-08-14 12:45
Core Viewpoint - The article discusses the tightening regulations on medical advertising in response to the increasing prevalence of misleading advertisements disguised as health information, particularly in the context of the internet's rapid development [1][3]. Summary by Sections Medical Advertising Regulation Challenges - Medical advertising has become more complex with the rise of the internet, leading to a blurring of lines between health education and advertising [1]. - In the first half of the year, regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan [1]. Introduction of the Recognition Guidelines - The State Administration for Market Regulation, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has developed the "Medical Advertising Recognition Guidelines" to clarify what constitutes medical advertising [3][4]. - The guidelines emphasize the importance of legitimate advertising entities and aim to address issues related to unqualified "black hospitals" and "black doctors" misleading the public [3]. Key Changes in the Guidelines - The guidelines prohibit any entity or individual, except legally established medical institutions, from publishing medical advertisements [4]. - The previous ambiguous definitions regarding promotional activities and health education have been removed, tightening the criteria for what constitutes advertising [4]. - The guidelines specify that linking health education content to medical services or products constitutes disguised advertising [4]. Focus on Internet Platforms - The rise of internet platforms has increased the volume of medical advertising, making it difficult for consumers to distinguish between advertising and educational content [6]. - Recent policies in Beijing aim to enhance compliance and promote legal awareness regarding medical advertising on digital platforms [6]. Collaborative Regulatory Efforts - The guidelines call for a coordinated approach among various regulatory bodies to effectively manage medical advertising [8]. - Local market supervision bureaus are collaborating with health and law enforcement departments to create a comprehensive regulatory network [8]. - A tiered regulatory approach is being implemented to avoid one-size-fits-all enforcement, allowing for leniency in minor violations [8].
以科普引流医疗服务属于变相广告 将受严格监管
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-14 10:08
Core Viewpoint - The regulatory challenges surrounding medical advertising have intensified, particularly with the rise of the internet, leading to a closer resemblance between medical advertising and health education, which has been exploited by unscrupulous operators [1][2]. Group 1: Regulatory Developments - In the first half of the year, national market regulatory authorities handled 1,666 cases of illegal medical advertising, imposing fines totaling 12.78 million yuan, covering various sectors including medical beauty and medical devices [1]. - The State Administration for Market Regulation, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has developed the "Medical Advertising Recognition Guidelines" to clarify what constitutes medical advertising and emphasize the legitimacy of advertising entities [1][2]. Group 2: Key Changes in Guidelines - The final version of the "Recognition Guidelines" has been released after several months of public consultation, maintaining a similar structure to the draft but making key adjustments [2]. - The guidelines strictly limit the entities that can publish medical advertisements, stating that only legally established medical institutions are permitted to do so, while any other individuals or organizations are prohibited from publishing medical ads [2][4]. - The guidelines have removed ambiguous definitions regarding promotional activities and health education that previously did not constitute advertising, tightening the regulations around "scientific popularization" that leads to medical service promotion [2]. Group 3: Internet Platform Responsibility - The guidelines highlight the importance of internet platforms in the advertising landscape, emphasizing the need for these platforms to take responsibility for compliance [3]. - Beijing has introduced policies to promote high-quality development in the digital advertising industry, utilizing new media platforms for legal education regarding advertising laws and the new guidelines [3]. Group 4: Collaborative Enforcement - The guidelines call for a collaborative enforcement approach among various departments to effectively regulate medical advertising, ensuring that hospitals and doctors are also monitored [4][5]. - Local market supervision bureaus are working with health and police departments to create a cooperative enforcement mechanism, exemplified by Shanghai's case-sharing collaboration, which has sent 610 cases of administrative penalties for medical advertising to the health commission [5]. - A tiered regulatory approach is being implemented in various regions to avoid one-size-fits-all enforcement, allowing for leniency in minor violations, as seen in Beijing's system that exempted 89 cases from penalties [5].
打击借养生知识“变相带货”,官方发布医疗广告认定标准
Nan Fang Du Shi Bao· 2025-08-14 05:09
Core Viewpoint - The newly released "Medical Advertising Recognition Guidelines" by the National Market Supervision Administration, National Health Commission, and National Administration of Traditional Chinese Medicine aims to clarify the definition, publishing entities, recognition principles, and specific situations regarding medical advertising, addressing the rise of "borderline" advertisements and disguised promotional behaviors in recent years [1][6] Group 1: Guidelines Overview - The guidelines specify that medical institutions must be cautious in their information dissemination, particularly when promoting their facilities, equipment, or medical services, as subjective evaluations or comparisons with other institutions can be classified as medical advertising [2][3] - The guidelines outline specific scenarios that constitute disguised medical advertising, such as promoting technical advantages or implying better safety and efficacy through health education content [2][3] Group 2: Regulatory Framework - The guidelines clarify that not all health education activities are considered advertising, provided they do not fall into the outlined categories of disguised advertising [3][4] - The legal framework governing medical advertising is primarily based on Article 16 of the Advertising Law, which prohibits certain claims regarding efficacy and safety, as well as comparisons with other medical products or institutions [4][5] Group 3: Enforcement and Collaboration - The guidelines establish a systematic approach for collaboration between market supervision and health departments, ensuring that any identified disguised medical advertising is reported and addressed appropriately [6] - The implementation of these guidelines is expected to create a fairer and more orderly medical advertising market, protecting consumer rights more effectively [6]
三部门发布指南加强医疗广告监管
Zhong Guo Zheng Quan Bao· 2025-08-13 21:13
Core Viewpoint - The joint release of the "Medical Advertising Recognition Guidelines" by the National Market Supervision Administration, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to provide clearer and more actionable guidance to combat illegal medical advertising [1][2]. Group 1: Regulatory Framework - The guidelines clarify what constitutes medical advertising and emphasize that only legally established medical institutions are permitted to publish medical advertisements [3]. - The guidelines also provide more operational rules to distinguish between "medical advertising," "medical information disclosure," and "health science popularization" [3]. Group 2: Regulatory Efforts and Impact - The National Market Supervision Administration has intensified its regulatory efforts against various forms of illegal medical advertising, including "miracle doctor" ads, and has developed enforcement guidelines to enhance collaboration with relevant departments [2][4]. - In Shanghai, the monitoring of illegal medical advertisements has shown a significant decline in violation rates, dropping from 3.89% in 2020 to 1.57% in 2024, representing a reduction of approximately 60% [5]. Group 3: Future Directions - The National Market Supervision Administration plans to use the release of the guidelines to guide local regulatory departments and industry authorities in promoting compliance among medical institutions regarding advertising practices [4]. - The focus will be on strengthening platform compliance guidance, optimizing advertising regulatory methods, and enhancing inter-departmental coordination [4].
打击 “黑医院”“黑医生” 广告误导 无资质者禁发医疗广告
Zheng Quan Shi Bao Wang· 2025-08-13 13:50
Core Viewpoint - The recent issuance of the "Guidelines for Medical Advertising Recognition" by the State Administration for Market Regulation and other departments aims to strictly regulate medical advertising, prohibiting any entity or individual from publishing medical advertisements unless they are legally established medical institutions [1][2]. Group 1: Regulatory Framework - The guidelines clarify that only legally established medical institutions are allowed to publish medical advertisements, reinforcing the crackdown on misleading advertisements from unqualified "black hospitals" and "black doctors" [1][2]. - The guidelines also address the distinction between medical advertising and legitimate medical information disclosure or health education, providing clearer operational rules for regulation [2]. Group 2: Enforcement and Compliance - In the first half of 2025, market regulatory authorities handled 1,666 cases of illegal medical advertising, with fines totaling 12.78 million yuan [1]. - The guidelines emphasize the responsibilities of internet platforms in preventing and stopping the dissemination of illegal medical advertising [2]. - Future efforts will focus on guiding local market regulatory departments and industry authorities to promote compliance among medical institutions regarding advertising practices [3].
市场监管总局:持续加大对医疗广告活动的监管力度,重拳打击各类“神医”广告
Zhong Zheng Wang· 2025-08-13 12:53
Group 1 - The core viewpoint of the articles emphasizes the increasing regulatory efforts by the State Administration for Market Regulation (SAMR) to oversee medical advertising, particularly targeting misleading "miracle doctor" ads [1][2] - The rapid growth in medical advertising volume has raised concerns about the dissemination of misleading information under the guise of health education, which poses risks to public safety [1][2] - SAMR, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has released the "Guidelines for Medical Advertising Recognition" to provide clearer and more actionable directives for combating illegal medical advertising [1][2] Group 2 - The regulatory focus on medical advertising has become a significant concern for both the industry and the public, especially as diverse healthcare needs have led to an increase in advertising activities by medical institutions [2] - The introduction of the "Guidelines for Medical Advertising Regulation" aims to address the illegal practices that harm the interests of the public while promoting a more responsible advertising environment [2]
三部门联合发布《医疗广告认定指南》 明确界定医疗广告及变相发布情形
Jing Ji Guan Cha Bao· 2025-08-13 11:43
Core Points - The article discusses the release of the "Guidelines for Medical Advertising Recognition" by three government departments, which clarifies the definition and regulations surrounding medical advertising [1] - The guidelines aim to combat the misuse of health information for disguised medical advertising, promoting a fairer and more orderly medical advertising market [1] Summary by Sections Definition and Scope - The guidelines provide a detailed definition of medical advertising, including the entities responsible for its publication and the principles for recognition [1] - Specific scenarios that do not constitute medical advertising are outlined, along with examples of disguised advertising through health information dissemination [1] Regulatory Framework - The guidelines specify behaviors that will be considered as disguised medical advertising during health promotion activities, such as recommending specific medical institutions or services, implying better outcomes at certain facilities, and linking to medical services or products [1] - Institutional arrangements for cooperation between market regulation and health departments are established for reporting and information sharing [1] Impact on the Market - The introduction of these guidelines is expected to enhance the identification and crackdown on illegal advertising practices, thereby protecting consumer rights and fostering a more equitable medical advertising environment [1]