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Government Legislation

  • Partial Amendment to the Standards on the Content of Misleading Labeling or Advertising of Food, etc.
    • Competent Ministry : Ministry of Food and Drug Safety
    • Advance Publication of Legislation : 2022-11-28
    • Opinion Submission Deadline : 2023-01-27

1. Reasons for Amendment

The Amendment increases the scope of names similar to herbal prescriptions that are prohibited from use due to the risk of foods being perceived as medicines. It also prohibits labeling/advertising that specifies the names or content, etc. of tetrahydrocannabinol (THC) or cannabidiol (CBD) and therefore poses the risk of the relevant food, etc. being perceived as having the functions, effects, or efficacy, etc. of the substances, thereby aiming to prevent consumer deception.

 



2. Major Provisions

A. Increase the scope of names similar to herbal prescriptions that may result in foods being perceived as medicines([Table 1])

 

B. Newly insert provisions to prohibit the labeling/advertising of food specifying the name or content of tetrahydrocannabinol (THC) or cannabidiol (CBD)(subparagraph 3 (q) of Article 2)

 

C. Exclude labels/advertisements that display full test certificates from the scope of labels/advertisements that emphasize the fact that a product meets harmful substance limits and specifications in thereby implies that other products are relatively less conforming(subparagraph 3 (h) of Article 2)

 

D. Reflect amendments to other regulations

1) Clarify regulations on advertisements that emphasize nutritional components (subparagraph 3 (f) of Article 2)

2) Change names of food types in the “Standards and Specifications for Food” (natural casing → edible casing), reflect newly inserted provisions in labeling standards for natural flavors in the “Standards on the Labeling of Food” (subparagraph 3 (j) of Article 2)

 


Regulatory effect assessment
  • 식품등의 부당한 표시 또는 광고의 내용 기준(규제영향분석서)_20221117.hwp [download]
Legislative proposal (draft)
  • 221117 ☆「식품등의 부당한 표시 또는 광고의 내용 기준」 일부개정고시(안)_최종본.hwpx [download]