The Guidance specifies situations that current provisions on absolute terms do not apply. E.g., absolute terms can be used to express the objective situation (like product sales performance) in a specific time period and territory. But advertisers shall be able to prove the authenticity of relevant absolute terms. Direction is given to help market supervision authorities issue punishment. E.g., for the first time using absolute terms in advertising, the consequences of harm are minor, and the misconduct is corrected in a timely manner, there can be no administrative penalty.
On December 7, 2022, China’s State Administration for Market Regulation (SAMR) opened Enforcement Guidance on Absolute Terms in Advertising1 (hereinafter the Guidance) for consultation. Feedbacks can be sent to ggsjd@samr.gov.cn prior to January 6, 2023.
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