Multiple local market supervision departments clearly replied that if cross-border imported health food does not obtain health food registration or filing vouchers in China, it cannot be claimed for health functions, and will be identified as general food. The Interpretation of False Publicity Violations in the Health Industry formulated by Tmall Global also clearly points out that cross-border effective foods without domestic health food qualification certification are regarded as general food, whose advertising should not involve health functions.

So how should cross-border health food be promoted in compliance?

1. If the health food registration or filing voucher is not obtained in China, and the health function is only available in the place of origin, then at the time of sale, it will only be advertised in accordance with the requirements for general food, should not be claimed for health function, and should comply with the relevant provisions of food publicity on cross-border platform, should not be advertised disease treatment function or medical terms.

2. If the health food registration or filing voucher has been obtained in China, it should be advertised in accordance with the health function clarified by the voucher, and should not be advertised disease treatment function or medical terms.

3. Cross-border e-commerce enterprises should fulfill the obligation to remind consumers in accordance with the requirements of the Notice on Refining Administration on Cross-border E-Commerce Retail Import by coordinating with cross-border e-commerce platforms to provide a risk notice to consumers on the product ordering webpage or other prominent locations.

Cross-border sales does not mean that there is no legal and regulatory constraint, the compliance requirements of the industry will become increasingly strict, enterprises should fulfill their responsibilities and obligations, and defend food safety.

Source: Antion

Note: This article is compiled by Antion. Please indicate the source for reprint.