A client of the firm was investigated by the local Administration of Industry and Commerce in connection with allegations that the packaging of the Client’s products violated the China’s Advertising Law, which came into effect on Sep. 1
st
, 2015. On the client’s packages, they used the word “The Best”, which is a
BIG NO NO
under China’s Advertising Law. DON’T DO IT.
In China’s Advertising Law, there is no clear definition of “Advertising”. For most people, advertising generally refers to TV commercials, ads published on newspapers, magazines, sports events or internet, or posters and promotion materials. Most people would not pay much attention to product packaging, because most of the contents on the packages are mandatory content, such as manufacturer, date of manufacture, date of expiry, components etc. Only a small portion of the package will contain advertisements, which will many time take the form of a slogan for that company or product. Think of the “Nothing is Impossible” slogan for Nike which is printed on their packages or shopping bags. In China this sentence on the packaging is subject to the Advertising Law. In practice, any word on the packages with the effect of promoting the producer or the product is subject to the Advertising Law.
When designing the packaging for your products to be sold in China, in addition to ensuring yur labels comply with mandatory rules for products in your respective industry, take some time to consider the implications of your slogan or other materials under China’s advertising law. Want to know more about China advertising law? Contact your China lawyer today!