Registering to advertise functional foods – Instructions for implementation

Registering to advertise functional foods is a mandatory requirement according to the law for organizations and individuals who want to promote this product in the media. The registration process ensures that advertising of functional foods complies with quality, food safety and hygiene standards and does not mislead consumers about the product’s uses. This article will guide customers in detail about the conditions and procedures for registering to advertise functional foods.

What are functional foods? Conditions for registering to advertise functional foods

According to the provisions of Point a, Clause 3, Article 1 of Circular 09/2015/TT-BYT, functional foods are a type of food and food additive.  Functional foods are foods added to the daily diet to help improve health, prevent and reduce the risk of disease.

However, according to the Law on Advertising 2012, functional food advertisements need to ensure certain conditions to avoid causing misunderstandings about the product’s uses.

Conditions for registering to advertise functional foods are specifically stipulated in Point đ, Clause 4, Article 20 of the Law on Advertising 2012, accordingly:

• Advertising requirements for functional foods must have a food hygiene and safety quality registration certificate;
• Or receipt of a dossier announcing standards from a competent state agency.

Content for registering to advertise functional foods

The content for registering to advertise functional foods must be clear and comply with the regulations regarding product information. According to Article 5 of Decree 181/2013/ND-CP, advertising of functional foods must include:

1. Advertising content for food and food additives: Advertising content must be consistent with the Receipt of Declaration of Conformity or Certificate of Compliance with Food Safety Regulations.
2. Basic content requirements of food and food additive advertising:

• Name of food, food additive.
• Name and address of the organization or individual responsible for bringing the product to market.

3. Advertising of functional foods must comply with the following requirements:

• Main effects of the product and side effects (if any).
• Clear warning: “This product is not a medicine and does not replace medicine.”

4. Prohibition of misleading advertising of functional foods: Do not advertise functional foods in a way that misleads that the product is a medicine.
5. Advertising functional foods on audio and video newspapers: When advertising functional foods on audio or video media, the content must be read clearly, including the information specified in Point a, Clause 2 and Clause 3 of this Article.

Procedure for registering to advertise functional foods

Registration documents

To register for functional food advertising, businesses need to prepare a set of documents including:

• Written request for confirmation of advertising content as prescribed in Appendix 01 Circular 09/2015/TT-BYT.
• Business registration certificate of the enterprise or license to establish a representative office of a foreign trader.
• Content requested for advertising confirmation: Depending on the advertising medium, documents such as a record of advertising content, proposed advertising script, color copy of advertising content, or advertising sample used in the event program are required.
• The product label sample has been approved by a competent health agency (if any).
• Reference documents proving information in advertising, such as documents in English, must be translated into Vietnamese.

CSPL: Article 13 Circular 09/2015/TT-BYT.

Execution order

The process to apply for a permit to advertise functional foods follows these steps:

• Step 1: Submit documents to the competent authority (Department of Food Safety under the Ministry of Health).
• Step 2: The agency receiving the application will review and request amendments if the application is invalid. The amendment period is a maximum of 90 days from notification.
• Step 3: After the application is valid, within 10 working days, the competent authority will issue a certificate confirming the advertising content.
• Step 4: Announce products on the electronic information portal of state agencies.

CSPL: Article 20 Circular 09/2015/TT-BYT.

Guidelines for registering to advertise functional foods

To quickly and legally register to advertise functional foods, customers need to prepare complete documents as stated above. At Long Phan, we support you with the following services:

• Consult information on conditions and regulations related to functional food advertising.
• Consulting on regulations on the content of functional food advertising programs.
• Support customers in drafting and preparing all necessary documents in the registration dossier for functional food advertising.
• Representing customers to submit documents to competent authorities.
• Consulting on solving problems that arise during the advertising process of functional foods.

Registering dietary supplement advertising is a necessary process to protect consumer rights and ensure advertising transparency. Customers need to fully comply with regulatory requirements and procedures to avoid unwanted risks. If you need further assistance with the registration procedure for functional food advertising, customers can contact Long Phan via the hotline 0906735386 for detailed advice and support.