New Changes To The Draft PRC Advertising Law Released

On December 24, 2014, the second amendment to the draft PRC Advertising Law (Amendment) was released, proposing more requirements for advertising companies and endorsers in the PRC. The key additions to the existing draft amendment are as follows:

There is a new definition of "Advertising" that will be covered by the PRC Advertising Law: Any commercial advertisement released on any media or in any form for the purpose of directly or indirectly introducing a product or service. This new definition indicates that free advertisements will be regulated by PRC Advertising Law, as it removes any reference to payment from the prior definition.

The Amendment also imposes new restrictions on endorsers, as follows: (i) Endorsers (i.e. celebrities and other notable persons) may not endorse pharmaceuticals, medicinal food products, or medical devices, (ii) Minors (under 10 years of age) may not act as endorsers, and (iii) Endorsers would not have enhanced liability, i.e., if