[Food Labeling Advertisement Act] “Health Functional Food Advertisement” and “Experience Advertisement” Legal Review

Law firm Veat assisted A company, which seeks to sell health functional food, in minimizing legal risks and establishing an effective promotional strategy related to health functional food advertisements, including ‘health functional food advertisements’ and ‘experience review advertisements’.

Recently, as the health functional food market has grown rapidly, companies’ advertising activities have become more active. Particularly, there is a high volume of inquiries regarding ‘experience review advertisements’ that utilize genuine customer reviews.

Law firm Veat, upon request from A company seeking to sell health functional food, conducted a thorough review of various advertising matters, primarily focusing on the Health Functional Food Labeling Act.

1. Review of Potential Violations of the Health Functional Food Labeling Act Regarding Experience Review Advertisements

Based on the Food and Drug Administration guidelines and Food and Drug Administration Q&A, we categorized advertisements that could be considered ‘experience review advertisements’ and provided guidance on the points to be observed to ensure compliance with the Health Functional Food Labeling Act in future advertising activities.

2. Review of Advertisements Utilizing User Reviews on Company Websites and the Validity of User Reviews as ‘Experience Review Advertisements’

The company reviewed the Health Functional Food Labeling Act and other relevant regulations regarding the processing and publication of consumer reviews included in its website and SNS. We also provided detailed explanations regarding the management obligations for review posts voluntarily posted by individuals on private channels operated by the company.

3. Personal SNS Self-Written Reviews and Management Obligations

We meticulously reviewed the regulations regarding responses to requests for management and deletion of self-written reviews created on personal SNS and provided guidance.

4. Review of Advertisements Featuring Unidentifiable Product Reviews and the Potential Application of the Health Functional Food Labeling Act

We analyzed and provided information regarding whether reviews that have been processed to be unrecognizable as a product could be considered advertisements and whether the Health Functional Food Labeling Act could be applied.

Based on the request from A company, Law firm Veat helped A company establish an effective promotional strategy while minimizing legal risks related to health functional food advertisements.

If you need consultation on health functional food advertisements or other legal issues, please feel free to contact Law firm Veat at any time.