To further standardize the supervision of medical advertisements by market regulatory authorities, maintain order in the medical advertising market, and promote the healthy and orderly development of the medical industry, these guidelines are formulated in accordance with the Advertising Law of the People’s Republic of China (“Advertising Law”), the Administrative Penalty Law of the People’s Republic of China (“Administrative Penalty Law”), the Regulations on Internet Advertising, the Regulations on the Administration of Medical Advertisements, and other relevant laws and regulations.

Except for legally established medical institutions, no entity or individual shall independently or by proxy release medical advertisements.

When handling illegal medical advertisement cases, market regulatory authorities shall comprehensively assess the facts, nature, circumstances, and social harm of the violation to ensure penalties are proportional.

If a medical advertisement is published without prior review, but the content is limited to the institution’s primary name, address, ownership type, institution category, medical departments, number of beds, consultation hours, and contact information—and aligns with the institution’s practice license or record—authorities may decide not to impose administrative penalties under the Administrative Penalty Law.

If the advertisement contradicts the practice license/record and could materially mislead consumers or patients, authorities shall handle the case according to the Advertising Law.

Advertisements using a name different from the institution’s primary name, or imitating a well-known hospital in a way that could have an impact, shall be dealt with according to relevant laws and regulations.

If a medical advertisement continues to be published after the expiration of its review certificate, but the advertisement is consistent with the certificate and the actual situation of the institution, authorities may decide not to impose administrative penalties under the Administrative Penalty Law.

Minor differences from the approved advertisement sample generally do not constitute noncompliance if they include:

Change of background color;

Change of font or color;

Adjustment of image aspect ratio;

Reduction of content without causing misunderstanding;

Addition or modification of the institution’s contact information or official website, provided it is accurate.

If the advertisement only contains information that medical institutions are required to proactively disclose, and this is supported by legally valid documents, authorities may decide not to impose administrative penalties.

Situations in which authorities may decide to reduce or exempt penalties include:

Promoting the name or contact information of other institutions within the same medical consortium, if accurate;

Displaying real images of the institution, if accurate;

Marking the exact location of the institution, if accurate;

Introducing approved departments and services using correct medical terminology;

Presenting legally documented information beyond proactive disclosure, not related to treatment effects or techniques.

Authorities that decide not to impose penalties must educate and guide the involved parties according to the Administrative Penalty Law.

Endorsements of medical institutions or services by celebrities are regulated under Article 58 of the Advertising Law.

Fictitious or misappropriated patients, doctors, institutions, or research institutes used for endorsements may be considered false advertising and handled under Article 55 of the Advertising Law, with criminal cases referred to public security authorities.

Claims of guaranteed efficacy, safety, cure rates, or success rates in medical advertisements shall be handled under Article 58 of the Advertising Law. Severe penalties apply for claims involving cancer, youth myopia prevention, or other major diseases.

Misrepresenting scientific data or lacking factual support may constitute false advertising under Article 55. Criminal cases are referred to public security authorities.

False or misleading claims about institutional affiliation, grading, doctor mentorship, or key medical techniques affecting patient choice are handled as false advertising under Article 55. Criminal cases are referred to public security authorities.

Medical advertisements targeting minors through mass media shall be handled under Article 57 of the Advertising Law.

Medical aesthetic advertisements creating appearance anxiety violate Article 9(7) and shall be handled under Article 57.

Promotions aimed at minors through non-mass media for non-therapeutic cosmetic services violate Article 10 and shall be handled under Article 57.

Absolute statements in medical advertisements shall comply with the Guidelines on Absolute Language in Advertising Enforcement.

If multiple violations occur in the same advertisement, they shall be considered a single violation for penalty purposes; multiple distinct violations may be aggregated for enforcement.

Non-medical institutions or unlicensed personnel claiming to provide medical services may constitute illegal medical practice and shall be referred to health authorities.

Internet platform companies must strengthen internal management and verify operators providing medical services or producing related content.

Platforms failing to verify and providing service for illegal medical advertisements may be penalized under Article 63 of the Advertising Law; serious cases may result in suspension of services.

Source: State Administration for Market Regulation Official Website