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]

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].

8月13日，市场监管总局召开专题新闻发布会，介绍医疗领域广告监管相关工作情况。 为有力回应民生关切，市场监管总局在加大执法力度的同时，于今年5月出台了《医疗广告监管工作指 南》。8月13日，市场监管总局联合国家卫生健康委、国家中医药管理局共同制定的《医疗广告认定指 南》也正式公布。 谷保中在发布会上表示，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。两个 指南坚持规范与发展并重的原则，但在内容侧重方面有所不同。 《医疗广告监管工作指南》主要针对医疗广告监管执法的原则和具体监管规则作出细化规定，为市场监 管部门提供更加明确的执法指引和实操指南。比如进一步明确了市场监管部门查处医疗广告时应当遵循 的原则，列举了不同业务场景下医疗广告违法的具体表现形式，对查处医疗广告违法案件过程中规范行 使裁量权进行细化，对互联网平台防范和制止违法医疗广告信息发布和传播的责任义务作了规定。 《医疗广告认定指南》在结合医疗广告活动新特点和监管实践的基础上，对"什么是医疗广告"进行了回 答；再次重申了除依法成立的医疗机构外，任何单位和个人不得自行或者委托他人发布医疗广告；对如 何区分"医疗广告"与"医疗信息公开""健 ...

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].

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].

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]

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].

聚焦社会反映集中的无资质"黑医院""黑医生"发布广告误导群众就医选择的问题，8月13日，市场监管 总局等三部门印发《医疗广告认定指南》(下称《指南》)对医疗广告发布主体作出了严格的限定，明确 除依法设立的医疗机构外，任何单位和个人不得自行或者委托他人发布医疗广告。 而本次发布的指南，在结合医疗广告活动新特点和监管实践的基础上，对"什么是医疗广告"进行了回 答；再次重申了除依法成立的医疗机构外，任何单位和个人不得自行或者委托他人发布医疗广告；对如 何区分"医疗广告"与"医疗信息公开""健康科普"提出了更具操作性的监管规则；对部门协同作出针对性 的制度安排。 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，陆续制定相关执法指南，持续 加强与相关部门的协同联动和联合执法。"2025年上半年，全国市场监管部门共查办医疗广告违法案件 1666件，罚没金额1278万元。"市场监管总局广告监管司市场稽查专员谷保中表示。 谷保中指出，《指南》明确规定，除依法设立的医疗机构外，任何单位和个人不得自行或者委托他人发 布医 ...

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]

《指南》中表示，开展科普宣传时，有以下行为之一的，视为变相发布医疗广告，其中包括推介具体医 疗机构及其医疗服务的诊疗技术、设备、效果等优势；明示或暗示在特定医疗机构就医有更好保障、疗 效或价格优惠；直接或间接推介具体医疗服务；以病例、案例推介特定医疗机构或服务；在科普页面附 加相关医疗机构、服务跳转入口或药品、医疗器械购买链接；其他推介具体医疗机构或服务的情形。 《指南》的出台，有助于准确认定和打击利用介绍健康、养生知识等形式变相发布医疗广告的违法违规 行为，营造更加公平有序的医疗广告市场环境，更好地维护广大消费者合法权益。 （原标题：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） 8月13日，市场监管总局、国家卫生健康委、国家中医药局联合发布《医疗广告认定指南》（以下简称 《指南》）。 《指南》进一步明确了医疗广告的定义、发布主体、认定原则、具体情形以及部门协同等方面的规定。 《指南》对不构成医疗广告的情形进行了细化，同时列举了借医疗信息公示和医疗健康科普变相发布医 疗广告的具体情形，并对市场监管部门与卫生健康、中医药部门间的线索移送、情况通报等方面作出制 度性安排。 ...