Measures for the Administration of Alcohol Advertisements (Order No. 39 of the Administration of Industry and Commerce)

Article 1 In order to strengthen the management of alcohol advertisements, protect the legitimate rights and interests of consumers, and maintain good social practices, according to the "Advertising Law of the People's Republic of China" (hereinafter referred to as "Advertising Law"), "Advertising Management Regulations" and "Advertising Management Regulations for the implementation of the regulations, the formulation of these measures.

Article 2 The term “alcohol advertisements” as mentioned in these Measures refers to advertisements containing the names of alcoholic products, trademarks, packaging, and the names of wine-making enterprises.

Article 3 The release of alcohol advertisements shall comply with the provisions of the Advertising Law and other relevant laws and administrative regulations.

Article 4 Advertisers who own or entrust other people to design, produce, and publish alcohol advertisements shall possess or provide the following true, legal, and valid certification documents:

(1) Business licenses and other production and business qualification documents;

(2) The inspection certificate issued by the food quality inspection agency above the provincial-administered municipality that has been stipulated by the state or approved by the government, which meets the quality standards;

(3) to issue advertisements of alcoholic products produced overseas, there shall be a sanitation certificate issued by an import food sanitation supervision and inspection institution;

(4) Other certification documents confirming the authenticity of advertising contents.

No unit or individual may forge or alter the above documents to publish advertisements.

Article 5 For alcohol advertisements with inaccurate contents or incomplete documents, advertisement operators may not operate, and advertisement publishers may not publish advertisements.

Article 6 Alcoholic advertisements shall meet the requirements of the hygiene license, and shall not use medical terminology or phrases that are easily confused with drugs.

The medical products for alcoholic beverages that have been approved by the administrative department of health shall be advertised in accordance with the Measures for the Examination of Drug Advertisements and the Examination Standards for Drug Advertisements.

Article 7 The following content shall not appear in alcohol advertisements:

(1) Encourage, advocate, and induce people to drink or promote uncontrolled drinking;

(b) the act of drinking;

(c) the image of a minor;

(d) performance of potentially dangerous activities such as driving cars, ships, and aircraft;

(5) Unscientific manifestation or suggestion such as "eliminating tension and anxiety" and "increasing physical strength";

(6) Attributing personal, commercial, social, physical, sexual, or other aspects of success to the explicit or implicit use of alcohol;

(7) The results of various appraisals, awards appraisals, appraisal of famous brands, and recommendations on alcoholic products;

(8) It is not in conformity with the requirements of socialist spiritual civilization construction, and it is contrary to the social good manners and other content that is unscientific and untrue.

Article 8 In all types of temporary advertising campaigns and in advertisements with gifts accompanying gifts, alcoholic goods may not be presented as prizes or gifts.

Article 9: Mass media advertisements shall not violate the following provisions:

(1) TV: The daily alcohol advertisements issued by each program shall not exceed 2 during special hours (19:00-21:00), and not more than 10 in ordinary hours;

(b) Broadcasting: The number of alcohol advertisements issued per hour per program shall not exceed 2;

(3) Newspapers, periodicals: The advertisements of alcoholic beverages issued in each period shall not exceed two, and shall not be published in the first edition of the newspaper or the cover of the periodical.

Article 10 Whoever violates the second paragraph of Article 4 of these Measures shall be punished in accordance with Article 37 of the "Advertising Law."

Article 11 Whoever violates the provisions of Article 5 of these Measures shall be punished in accordance with Article 27 of the Detailed Rules for the Implementation of Advertising Administration.

Article 12 Whoever violates the provisions of Article 6 of these Measures shall be punished in accordance with Article 41 and Article 43 of the Advertising Law.

Article 13 Whoever violates the provisions of Articles 7, 8 and 9 of these Measures shall be punished in accordance with the provisions of Article 39 of the Advertising Law.

Article 14 The Measures shall be interpreted by the State Administration for Industry and Commerce.

Article 15 The present Measures shall come into force on January 1, 1996.