The General Administration of Market Regulation seeks public comments on the “Enforcement Guidelines for Advertisement Citation Content (Draft for Comments)”

The Zhitong Finance App learned that on December 12, in order to further improve the advertising supervision system, the General Administration of Market Supervision drafted the “Enforcement Guidelines for Advertisement Citation Content (Draft for Comments)” and solicited public comments in response to the current problem of concentrated advertising market feedback. The “Guidelines” mention that if the citation advertisement contains content such as the performance, function, use, specification, expiration date, preferential conditions, etc. of the product, additional explanations must not be made using methods such as reducing the font size, changing the font, or using text with a color similar to the background, which may make it difficult for consumers to identify, to limit or explain the performance, function, use, specifications, expiration date, preferential conditions, etc. of the product.

Citation advertisements that use terms such as “best” in a segment, segment, or segment, or “number one” in sales volume, sales, or market share, etc., but the relevant industry or field is smaller than national standards or industry standard regulations such as the national economic industry classification, or the relevant region is smaller than a provincial administrative area, which may cause consumers to misunderstand the market position or competitive advantage of the business entity and its products or services, is not an exemption from the provisions of Article 6 (6) of the “Enforcement Guidelines for Absolute Advertising Terms”.

The original text is as follows:

Notice of the General Administration of Market Regulation seeking public comments on the “Enforcement Guidelines for Advertisement Citation Content (Draft for Comments)”

In order to implement the provisions of the “Advertising Law of the People's Republic of China” and further improve the advertising supervision system, the General Administration of Market Regulation has drafted the “Enforcement Guide for Advertisement Content (Draft for Comments)” in response to the current intensive use of advertising market feedback, citing third-party reports in the mass manufacturing segment, increasing the “internal volume” of the industry, and using “big characters to attract attention and exempt” issues such as “internal rolling” competition and “fueling the situation”, the General Administration of Market Regulation has drafted the “Advertising Citation Content Enforcement Guidelines (Draft for Comments)” to further regulate the supervision of advertising citation content by market supervisory authorities, and guide and help advertising campaign players improve advertising citation content Ability to comply. Comments are now being publicly solicited. All relevant units and the public are welcome to submit comments, and feedback to the General Administration of Market Regulation by January 12, 2026.

Feedback can be provided through the following channels and methods:

1. Go to the website of the State Administration of Market Supervision and Administration (URL: https://www.samr.gov.cn/)，在首页“互动”栏目中的“征集调查”提出意见.

2. 发送电子邮件至ggsjd@samr.gov.cn. Please indicate “XX Opinions on Enforcement Guidelines for Advertisement Citation Content” in the subject of the email.

3. Send a letter to the Advertising Supervision Department of the General Administration of Market Supervision, No. 9 Madian East Road, Haidian District, Beijing (postal code: 100088), and indicate the words “Opinions on Enforcement Guidelines for Advertisement Citation Content” on the envelope.

Ad Citation Content Enforcement Guidelines

(Draft for Solicitation of Comments)

In order to further improve the effectiveness of commercial advertisement (hereinafter referred to as advertisement) citation content supervision and enforcement work and effectively regulate advertisement citation content, this guide is formulated in accordance with the “Advertising Law of the People's Republic of China” (hereinafter referred to as the “Advertising Law”) and other laws and regulations.

1. The purpose of this guide is to provide guidelines for market supervisory authorities to carry out the enforcement of advertising citation content, so that local market supervisory authorities can refer to and apply them in their work.

2. Advertisement citation content referred to in this guide refers to data, statistics, survey results, abstracts, quotes, etc. quoted from a third party in advertisements and relating to the products or services being promoted (hereinafter collectively referred to as products).

Citation ads referred to in this guide refer to advertisements that use quoted content.

3. The content quoted in the advertisement shall be true, accurate, and legal, must not cite fictitious, falsified or unverifiable content, and must not deceive or mislead consumers.

Advertisers shall be responsible for the authenticity, accuracy, and legality of all advertising content, including citation content, and bear the burden of proof according to law.

4. If the data quoted in the advertisement is obtained by means of experiments or tests (hereinafter collectively referred to as experiments), measurements, inspection and testing, etc., the agency that issues relevant experimental conclusions, measurement results or inspection and testing data (including results, conclusions, etc., the same below) shall have corresponding legal qualifications and professional capabilities, and its measuring instruments, facility environment, etc. shall comply with relevant national requirements such as laws, regulations, mandatory national standards, measurement technical specifications, etc.

Where methods such as testing, measurement, inspection and testing have national standards or industry standards, they shall comply with national standards or industry standards; where there are no national standards or industry standards, methods generally recognized by the relevant industry or field shall be used.

5. Statistics or survey results quoted in advertisements shall be obtained through scientific methods, and the scope of statistics and surveys shall be broad and reasonable. Where statistics or surveys are carried out using sampling methods, the survey samples shall meet scientific, representative and general requirements, and the deviation of the results shall be within a reasonable range.

6. The content of the advertisement citation shall be accurate and consistent with the expression of meaning of the experimental findings, measurement results, inspection data, statistics, survey results, literature, data, etc. on which it is based.

7. Abstracts and quotes quoted in advertisements should be quoted in the original text. The quoted documents and materials should exist and be searchable, and their opinions should be in line with common scientific knowledge.

8. According to law, citation advertisements shall truthfully indicate the origin of the quoted content.

The sources referred to in the preceding paragraph include information such as the name (name) of an experiment, measurement, inspection and testing, statistics, or investigation agency, or the title of the document or data and the name (name) of its author.

If quoted from a journal, the name, issue number, etc. of the journal should be indicated.

Quoted from an Internet web page, the path of acquisition or access should be indicated. If the relevant Internet content or access path changes, the advertisement content shall be adjusted accordingly.

9. Where the content of the advertisement quotation has the scope of application and expiration date, it shall be clearly stated in accordance with the following requirements:

(1) Where the quoted statistics or survey results apply only to a specific region, industry, or period, the relevant region, industry or period shall be clearly indicated;

(2) Where the experimental findings, measurement results, or inspection data, results, conclusions, etc. quoted can only be reproduced under laboratory conditions or specific conditions, the conditions for their reproduction shall be clearly indicated;

(3) Where the inspection data, results or conclusions quoted are valid only for the sample, or the issued inspection report or certificate is only responsible for the sample, it shall be clearly stated;

(4) Other situations where the scope of application or period of validity should be clearly indicated.

10. Where the source, scope of application, expiration date, etc. of the quoted content of the advertisement is indicated by means of text, images, audio, video, etc., the font, font size, color, etc. of the text shall meet the requirements of the public to be clearly recognizable under normal circumstances, and the voice shall maintain the same speed, tone, and clarity of speech as the rest of the advertisement.

11. Where the citation advertisement contains content such as the performance, function, use, specification, expiration date, preferential conditions, etc. of the product, additional explanations may not be made using methods such as reducing the font size, changing the font, or using text with a color similar to the background that may make it difficult for consumers to identify, limit the performance, function, use, specifications, expiration date, preferential conditions, etc. of the product or explain that it is not in line with common sense.

12. Where the content of advertisement citations involves factual information such as sales volume, sales, market share, etc., it shall be true, complete, and accurate.

Factual information referred to in the preceding paragraph refers to objective information that can be obtained through statistics, surveys, etc., and can be verified.

13. Citation advertisements that use terms such as “best” in a segment, segment, or segment, or “number one” in sales volume, sales, or market share, but the relevant industry or field is smaller than the requirements of national standards or industry standards such as the national economic industry classification, or the relevant region is smaller than the provincial administrative region, which may cause consumers to misunderstand the market position or competitive advantage of the business entity and its products or services, is not an exemption from the provisions of Article 6 (6) of the “Enforcement Guidelines for Absolute Advertising Terms”.

14. In any of the following circumstances, it shall be determined that the content of the advertisement is false or misleading:

(1) Using fictitious, falsified, or unverifiable data, scientific research results, statistical data, survey results, abstracts, quotes, etc. as advertising references;

(2) Where it is impossible to explain the source of the advertisement citation content or the relevant citation content cannot be queried;

(3) Exaggerating content beneficial to advertisers or concealing content that is unfavorable to advertisers through tampering, partial citations, etc.;

(4) Using advertisement references, it is clear or implied that the products being promoted have disease prevention, disease treatment, health care or other functions that are inconsistent with reality;

(5) Other situations where it should be determined that the content of the advertisement is false or misleading.

15. Any of the following circumstances shall be an important factor to consider when determining that the content of the advertisement is false or misleading:

(1) Abstracts or quotes quoted in advertisements are inconsistent with opinions generally accepted by the relevant industry;

(2) The quoted data or conclusions can only be reproduced under laboratory conditions or specific conditions, but the conditions for reproduction are not clearly indicated in the advertisement;

(3) The quoted inspection data, results or conclusions are only valid for the sample, or the issued inspection report or certificate is only responsible for the sample, but the sampling method is not clearly stated or indicated in the advertisement;

(4) The quoted statistics or survey results apply to a specific region, time and space, industry, or period, but the scope of application and expiration date are not clearly indicated in the advertisement;

(5) The content quoted in the advertisement does not meet the requirements stipulated in Articles 4 and 5 of these Guidelines, and the scientific and authentic nature of the content cannot be guaranteed;

(6) Other circumstances that should be considered.

16. Where an advertiser directly or indirectly publishes or publishes relevant news, academic documents, research reports, etc. through paid news, academic fraud, etc., and then uses data, conclusions, etc. as advertising references, the market supervision department shall notify the competent department in the press, publication, technology, etc. industry.

17. In addition to citation content, advertisers can also use self-evidential content such as data, statistics, and survey results obtained through experiments, measurements, statistics, surveys, etc. in advertisements.

Where self-certified content is used in advertisements, there is no need to indicate the source according to law, but it shall comply with the requirements of sections 9 to 13 of these guidelines.

Advertisements that use artificial intelligence (AI), deep synthesis, etc. to generate and synthesize content such as data, data, conclusions, etc. should be considered self-certifying content.

18. A natural person, legal person or other organization that is commissioned by another person to carry out activities such as experiments, measurements, statistics, surveys, etc., and knows or should know that data or findings generated by actual testing, measurement, statistics, surveys, etc. are used in advertising content shall be deemed to be participating in advertising design or production activities and is an advertising operator as stipulated in Article 2 (3) of the Advertising Law.

19. Advertisers and advertisement publishers shall, in accordance with law, inspect the supporting documents of advertisements and check the content of advertisements.

Advertisement design, production, agency, or publication services shall not be provided according to law if the content of the advertisement has no source, does not clearly indicate the scope of application, expiration date, etc., or is inconsistent with the experimental findings, measurement results, statistical data, survey results, literature, etc. on which it is based.

20. In the following circumstances, the market supervisory authority shall investigate and punish in accordance with law:

(1) Those that do not meet the requirements of sections 8 and 9 of these Guidelines shall be found to be in violation of the provisions of Article 11 of the Advertising Law and investigated and punished in accordance with the provisions of Article 59 of the Advertising Law;

(2) Whoever does not meet the requirements of Article 10 and Article 17 of these Guidelines or falls under the circumstances stipulated in Article 11 of these Guidelines shall be found to have violated the provisions of Article 8 of the Advertising Law and investigated and punished in accordance with the provisions of Article 59 of the Advertising Law;

(3) Under the circumstances stipulated in Article 13 of these Guidelines, those promoting the “highest level” or “best” in a segment of an industry, segment, or subregion shall be found to be in violation of the provisions of Article 9 (3) of the Advertising Law and investigated and punished in accordance with the provisions of Article 57 of the Advertising Law;

(4) Where the circumstances stipulated in Article 14 of these Guidelines are found to be in violation of the provisions of Article 28 of the Advertising Law, they shall be investigated and punished in accordance with the provisions of Article 55 of the Advertising Law;

(5) Where it falls under the circumstances stipulated in Article 15 of this Guide and the content of the advertisement is false, it shall be determined that it violates the provisions of Article 28 of the Advertising Law and shall be investigated and punished in accordance with the provisions of Article 55 of the Advertising Law; if it falls under the circumstances stipulated in Article 15 (2), (3) and (4) of this Guide and does not constitute a false advertisement, it shall be found to be in violation of Article 11 of the Advertising Law and investigated and punished in accordance with the provisions of Article 59 of the Advertising Law;

(6) Those that do not meet the requirements of Article 19 of these Guidelines shall be found to have violated the provisions of Article 34 of the Advertising Law and investigated and punished in accordance with the provisions of Article 60 of the Advertising Law.

21. When carrying out citation advertising supervision and enforcement work, market supervisory authorities shall exercise their discretionary powers of punishment in accordance with the provisions of laws and regulations such as the “Advertising Law” and other laws and regulations, taking into account the content of the advertisement and actual circumstances such as the facts, nature, circumstances, degree of social harm, and subjective fault of the parties concerned.

If the circumstances of the violation were minor, the advertisement was posted for a short period of time, the number of viewers was small and promptly corrected, and no harmful consequences were caused, no administrative punishment shall be imposed according to law; where the violation was minor and the harmful consequences were minor and promptly corrected, no administrative punishment may be imposed according to law.

22. Where no administrative punishment is imposed on the offense of the person concerned, the person concerned shall be educated according to law.

This article was selected from the official website of the “State Administration of Market Supervision and Administration”. Zhitong Finance Editor: Jiang Yuanhua.