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Explainer · August 5, 2016

Supplement Advertising Claims in Vietnam: What Is Allowed

By the editorial team · Vietnam Trusted Brands

Supplement advertising claims in Vietnam must be true, must match the product label, and must never promise to treat or cure a disease. A supplement is food, not a medicine, so an ad cannot sell it as one. This guide explains the basic rules in plain words and shows readers how to spot an ad that goes too far.

The two documents that matter most are the Law on Advertising and the Ministry of Health circular on functional food. Together they answer most questions a reader has when looking at an ad.

What an advertisement may and may not say

An advertisement for a supplement may describe the product. It may not mislead. Vietnam's Law on Advertising (No. 16/2012/QH13) bans false and misleading ads. The law took effect on January 1, 2013, and it applies to every ad in Vietnam, in print, on television, online and on a shop sign.

In plain terms, every statement in an ad must be true and must be something the advertiser can back up. A claim about what is inside the product has to match the label. A claim about what the product does has to match the documents filed with the authorities. If the ad says more than the paperwork says, the ad is the problem.

Buyers can use the same test. Ask a simple question about any ad: where is this written down?

Source: Law on Advertising, No. 16/2012/QH13, National Assembly of Vietnam, in force from January 1, 2013.

Why an ad cannot promise a cure

A supplement is food. It is not a medicine. That one fact explains most of the rules.

Medicines go through a different approval path and may be sold for treating illness. Supplements are sold to add to a normal diet. Because of that, an ad for a supplement should not say it treats a disease, stops a disease, or works as well as a drug. It should not tell readers to stop taking medicine they were given by a doctor.

Watch for words such as "treats", "heals", "removes for good" and "100 percent effective". They promise an outcome. A food product cannot honestly promise one, because bodies differ and no label can know who is reading it.

Source: Law on Advertising, No. 16/2012/QH13, provisions on false and misleading advertising; Ministry of Health, Circular 43/2014/TT-BYT on the management of functional food.

What the not a medicine line means

Many supplement packs and ads carry a short line saying the product is not a medicine and does not replace medicine. This line is not a trick of the trade. It follows the way Vietnamese rules describe functional food. Circular 43/2014/TT-BYT from the Ministry of Health treats functional food as food that supports the body. It does not treat it as a drug.

The line has a job. It tells the reader what kind of product this is. A good ad shows the line clearly, in readable type, and does not bury it. An ad that shows the line in tiny grey letters while its big headline promises relief is working against the rule, even if the small print is technically there.

The line also works the other way. If an ad says the product is not a medicine and then talks like a medicine, the two parts do not agree. Trust the stronger message, which is usually the headline.

Source: Ministry of Health, Circular 43/2014/TT-BYT on the management of functional food.

How to spot overreach

Here is a short checklist that readers can use in a minute.

  • Does the ad name a disease and say the product helps with it? That is a warning sign.
  • Does it promise a result in a fixed number of days? Food cannot promise that.
  • Does it use a doctor, a white coat or a hospital setting to suggest approval? Ask who the person is and what they said.
  • Does it use "number one", "best in Vietnam" or "only" without saying who measured it? The law bans claims that mislead.
  • Does it show before and after stories with no way to check them? Treat them as stories, not proof.

One warning sign is a reason to look closer. Several together are a reason to walk away.

Source: Law on Advertising, No. 16/2012/QH13.

What a careful buyer does next

Start with the label. Read the ingredients, the maker, the address and the declared uses. Then compare the ad to the label. The two should say the same thing.

Next, ask the seller for the registration or declaration papers for the product. A real seller can show them. Keep a photo of the ad and the date you saw it. If the product does not match what the ad said, you have a record to show the seller or a consumer office.

Last, speak to a doctor or pharmacist if you take medicine or have a health condition, before you add any supplement. This article is general information, not medical advice.

Source: Law on Advertising, No. 16/2012/QH13; Ministry of Health, Circular 43/2014/TT-BYT.

Sources

  • Law on Advertising, No. 16/2012/QH13, National Assembly of Vietnam.
  • Circular 43/2014/TT-BYT on the management of functional food, Ministry of Health of Vietnam.

A place on this register is not for sale.

Filed August 5, 2016 · All news · Methodology