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].

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].

指南规定，医疗机构在信息公开过程中，存在下列情形之一的，应当认定为发布医疗广告：（一）对本 机构就医环境、医疗器材等硬件设备进行带有主观色彩的推介；（二）通过对本机构或者其医务人员的 诊疗技术、诊疗流程、诊疗效果进行主观性评价或者保证性承诺等方式，对本机构进行推介；（三）与 其他医疗机构进行比较；（四）其他以推介本医疗机构为目的发布的信息。 而针对"变相带货"行为，指南第八条明确：任何单位、组织或者个人开展科普宣传时，存在下列情形之 一的，应当认定为以介绍健康、养生知识等形式变相发布医疗广告：（一）通过宣称其诊疗技术优势、 硬件设备优势以及诊疗效果等，对具体医疗机构及其医疗服务进行推介；（二）明示或者暗示在具体医 疗机构就医将获得更好的安全性保障、疗效或者价格优惠等；（三）直接或者间接推介本机构或者其他 医疗机构的具体医疗服务；（四）以病例或者案例方式，对具体医疗机构或者其医疗服务进行推介； （五）在科普宣传的互联网页面内附加与科普宣传内容有关的医疗机构或者医疗服务项目的跳转入口， 或者附加科普宣传对应的医疗服务所必需的药品、医疗器械等商品购买链接；（六）存在推介具体医疗 机构或者其医疗服务的其他情形。 指南 ...

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].

谷保中表示，强化、优化对医疗广告活动的监管，一直是行业关注、群众关切的焦点。尤其是近年来， 随着人民群众多样化就医需求明显增多，医疗机构开展广告宣传的意愿也更加强烈，医疗广告繁荣发展 的同时也出现了一些损害群众切身利益的违法乱象。市场监管总局始终坚持人民至上，及时出台《医疗 广告监管工作指南》，并联合国家卫生健康委、国家中医药管理局共同制定了《医疗广告认定指南》。 责任编辑：刘万里 SF014 谷保中提到，近年来，医疗广告投放量迅速增长，同时也出现了借健康科普、医疗信息公示名义变相发 布医疗广告等问题，严重影响群众就医安全。为更好规范医疗机构广告发布活动，切实维护医疗广告市 场秩序，市场监管总局、国家卫生健康委、国家中医药管理局三部门联合制定并以公告形式公开发布了 《医疗广告认定指南》，为有力打击违法医疗广告提供更为清晰、更具可操作性的指引。 8月13日，市场监管总局召开医疗领域广告监管专题新闻发布会。市场监管总局广告监管司市场稽查专 员谷保中在会上表示，医疗广告是群众获取就医信息的重要途径，也是推介医疗机构和医疗服务的重要 方式。近年来，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 ...

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]