3·15 Feedback | Online Food Sold as "Miracle Drug"! State Administration for Market Regulation: Strict Punishment for False Advertising

The series of actions to improve online food safety compliance is here.

Although it is a food product, some e-commerce platforms have been promoting it as a “miracle drug” and selling it as medicine. This behavior is now being cracked down on.

Recently, the State Administration for Market Regulation (SAMR) issued a statement on its official website, saying that to further clarify the responsibilities of online food trading platforms and operators, starting from March 16, the SAMR has launched a series of actions to enhance online food safety compliance and quality.

The key issues addressed in this series focus on three major problems strongly reflected by consumers: First, strict regulation of chaotic live-streaming sales, urging live-streaming platforms, rooms, and hosts to strictly implement the “Supervision and Management Regulations on Food Safety Responsibilities for Live E-commerce Operators” which officially took effect on March 20, clarifying responsibilities, enforcing the sales ban list, and preventing misleading marketing language. Second, strict inspection of online food qualifications, urging platforms to rigorously perform substantive reviews to prevent foods that lack production and operation licenses, use false qualifications, or impersonate others’ credentials from being listed and sold online. Third, severe punishment for false advertising, urging online food operators to truthfully display information such as origin, ingredients, and functions, and strictly prevent the use of inappropriate language related to disease prevention or treatment to deceive consumers.

Under the intertwined trends of the silver economy and new consumerism, the health supplement industry continues to heat up. The “Blue Hat” is a special mark for health foods in China, primarily used to distinguish health products from medicines. It indicates that the product has health functions but cannot replace medical treatment. According to the “Directory of Health Functions Allowed for Health Foods (2023 Edition)” jointly issued by the SAMR, the National Health Commission, and the State Administration of Traditional Chinese Medicine, only 24 health functions are permitted, including boosting immunity, antioxidant effects, and aiding memory improvement.

However, on some e-commerce platforms, there are repeatedly foods that have not obtained the “Blue Hat” qualification, which are not only packaged as health foods but also further promoted for disease prevention and treatment effects.

A recent report by First Financial titled “Treating Gastritis in 7 Days, Clearing HPV in 30 Days? Cross-border and Overseas Nutritional Supplements Promoted as ‘Miracle Drugs’” exposed violations in the promotion of cross-border or overseas nutritional supplements sold on e-commerce platforms. These products are not registered or filed as health foods in China but are promoted with health functions. Some claims are as exaggerated as miracle cures, such as HPV (human papillomavirus) definitely clearing in a certain period or improving stomach issues in just seven days.

Deng Yong, director of the Health Law Research and Innovation Transformation Center at Beijing University of Chinese Medicine, told First Financial that Chinese law classifies foods into three categories: general foods, health foods, and medicines. There is no legal category of “dietary supplements.” Products from abroad that have not obtained the “Blue Hat” registration or filing in China are regulated as general foods, and it is strictly prohibited to label them with health functions or disease prevention and treatment claims. Claims about health functions in health foods must be based on scientific evidence; labels, instructions, and promotional materials for general foods must not involve disease prevention or treatment. Violators will be punished according to law.

The SAMR stated that this series of actions directly targets industry pain points, focusing on prominent issues such as live-streaming sales, online food sales, and “internet celebrity” foods. It aims to strictly regulate chaotic live-streaming, investigate online food qualifications, and punish false advertising, addressing the serious problems strongly reflected by consumers. At the same time, it promotes online trading platforms to sign self-discipline agreements, strengthen cross-regional and online-offline joint supervision, and achieve traceability and risk control at the source of food safety. This not only implements existing laws and regulations more thoroughly but also urges platform companies to enhance compliance management and improve quality and safety standards, laying a solid foundation for the industry’s sustainable and healthy development.

Additionally, it is worth noting that to further promote the rule of law in market regulation, the SAMR is also deploying key legislative tasks for 2026. According to the SAMR’s announcement on March 19, in improving market operation rules and maintaining good market order, the regulations to be revised include the Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formula Foods.