What claims am I not allowed to make in Chinese advertisements?
China’s advertising regulatory framework is one of the most restrictive in the world, imposing explicit prohibitions on a wide range of claims that are commonplace in other markets. The State Administration for Market Regulation (SAMR) enforces these restrictions strictly, and ignorance of the rules is not considered a defense. In 2024, SAMR handled over 28,000 cases of illegal advertising claims, imposing fines exceeding ¥3.2 billion. For foreign businesses entering the Chinese market, understanding exactly which claims are prohibited is essential to avoid costly enforcement actions and reputational damage.
Absolute Prohibitions: Superlatives and Extreme Language
The most well-known restriction in Chinese advertising law is the prohibition on absolute superlatives and extreme language. Article 9 of the Advertising Law explicitly prohibits the use of terms such as “best” (最好), “number one” (第一), “national-level” (国家级), “top-quality” (极品), and “most advanced” (最先进). This prohibition is categorical — there are no exceptions for claims that can be factually substantiated. Even if you have third-party certification that your product is the best in its category, you cannot use the word “best” in Chinese advertising.
According to a 2024 SAMR enforcement report, absolute superlative claims accounted for 23 percent of all advertising violation cases — the single largest category. Common examples of prohibited language include “the best quality in China,” “number one seller on Tmall,” “highest customer satisfaction,” and “most innovative product.” Foreign brands frequently violate this rule when translating global marketing slogans that include “ultimate,” “premium,” “leading,” or “first-class.”
A notable 2024 case involved a European luxury brand fined ¥1.8 million for using the phrase “the finest Italian leather” in its WeChat advertising. SAMR ruled that “finest” constitutes a superlative claim under Article 9, even though the description was arguably subjective rather than quantitative. The brand was also ordered to run corrective advertising on its WeChat Official Account for 30 days.
Health and Medical Claims: What Is Not Permitted
Health and medical claims are among the most heavily restricted categories in Chinese advertising. The Advertising Law, together with the Food Safety Law, the Drug Administration Law, and the Special Food (Health Food) Registration regulations, creates a multi-layered prohibition framework. The following types of health claims are explicitly prohibited:
- Disease treatment or prevention claims for ordinary foods. You cannot claim that a food product can treat, prevent, or cure any disease. This includes implied claims through images of medical professionals, hospitals, or pharmaceutical imagery. SAMR’s 2024 guidance specifically warns against using “functional food” language for products not registered as health foods.
- Efficacy claims for non-registered health foods. Only products registered with SAMR as “health food” (保健食品, baojian shipin) with a valid “Blue Hat” registration number can make specific health function claims. Making efficacy claims for unregistered products — even if scientifically accurate — is illegal. Penalties range from ¥100,000 to ¥5 million.
- Medical claims for cosmetics. Cosmetics advertising cannot claim “therapeutic” or “medical” effects. Common violations include claiming products can “treat acne,” “cure dermatitis,” or “heal skin damage.” The National Medical Products Administration (NMPA) issued 1,240 warning letters for cosmetic advertising violations in 2024.
- Weight loss claims without approval. Weight management products must obtain specific advertising approval before making weight loss claims. Making unapproved weight loss claims carries fines of up to ¥2 million and potential product suspension.
- Height increase or vision improvement claims for children. Products claiming to increase children’s height or improve vision — common in the dietary supplement and medical device categories — face special scrutiny and require pre-approval from both SAMR and the NHC.
A 2024 enforcement action against a foreign nutritional supplement company illustrates the risks. The company was fined ¥4.5 million for making unsubstantiated “immune-boosting” claims for a product that was registered only as a general food item under China’s food classification system. The company’s advertising also used images of doctors in white coats, which SAMR cited as an aggravating factor.
False and Misleading Claims: The General Prohibition
Beyond specific category restrictions, Article 4 of the Advertising Law establishes a general prohibition: “The contents of advertisements shall be true and lawful, and shall not contain false or misleading information.” This broad provision gives SAMR significant discretion to penalize any claim that could mislead consumers, even if it does not fall under a specific category restriction.
False advertising cases in China have surged. According to SAMR’s 2024 annual report, 46 percent of all advertising enforcement actions involved false or misleading claims. The most common violations include: (1) fabricating product origin (e.g., claiming a product is imported when it is domestically produced); (2) falsifying sales data or consumer ratings; (3) using fake awards or certifications; (4) misrepresenting product ingredients or specifications; and (5) creating fictitious customer testimonials.
Foreign brands face particular scrutiny on origin claims. A 2024 case involved a foreign apparel brand fined ¥1.2 million for labeling products as “made in Italy” when only design and finishing occurred in Italy, with manufacturing in Southeast Asia. SAMR ruled that the origin claim was misleading to Chinese consumers, who place high value on “made in” designations.
Claims Related to Intellectual Property and Awards
Advertising claims involving patents, trademarks, copyrights, and awards must be accurate and verifiable. Article 12 of the Advertising Law requires that any advertising claiming a patent must specify the patent number and type. Claims such as “patented technology” without providing the patent registration number are prohibited. Similarly, claims of “award-winning” must specify which award, the issuing organization, and the date of receipt.
A 2024 case highlights the risks. A foreign electronics company advertised its product as winning the “Red Dot Design Award” without specifying the award category or year. SAMR fined the company ¥600,000, ruling that the vague claim could mislead consumers about the nature and significance of the award. The company was also required to publish a clarification on its Chinese website.
Foreign brands should also be aware that claiming “first in China” or “first in the industry” requires substantiation from authoritative third-party sources. Self-claimed first-mover status — even if factually correct — is treated as a superlative claim under Article 9 if the language implies superiority over competitors.
Data and Statistics: What Usage Is Not Allowed
Using data, statistics, or research findings in Chinese advertising is permitted but subject to strict requirements. Article 10 of the Advertising Law requires that any data, statistics, or survey results used in advertisements must be accurate and clearly attributed to their source. The source must be authoritative, and the data cannot be used out of context or in a manner that distorts its meaning.
Prohibited data practices include: (1) using outdated data without disclosing its vintage; (2) citing unverifiable studies or proprietary research that cannot be independently validated; (3) conflating correlation with causation; (4) using small sample sizes without disclosing limitations; and (5) presenting hypothetical or projected data as factual results.
SAMR’s 2024 guidance on data claims in advertising established a “reasonableness standard” — the claim must be what a reasonable consumer would understand, not merely technically accurate. A foreign toy company learned this lesson in 2024 when it was fined ¥800,000 for claiming “9 out of 10 children prefer our product” based on a survey of only 20 children. SAMR ruled that the sample size was too small to support the general claim and that the survey methodology was not disclosed.
Prohibited Comparative and Superlative Framing
Beyond individual words, Chinese advertising law prohibits certain framing strategies that imply superiority or disparage competitors. You cannot use language such as “superior to,” “better than,” “more effective than,” “preferred over,” or “outperforms” without verifiable, third-party substantiation. Even with substantiation, such comparative framing can violate Article 13 of the Advertising Law if it is deemed disparaging.
The “no risk” or “risk-free” framing is also prohibited for many product categories. Financial services advertising cannot claim “guaranteed returns” or “no risk.” Health product advertising cannot claim “no side effects” or “100 percent safe.” These absolute safety claims are treated as false advertising because no product can guarantee zero risk.
A 2024 case involving a foreign investment platform illustrates this. The company advertised “guaranteed 8 percent annual returns” for a wealth management product. SAMR fined the company ¥3 million for violating both the Advertising Law (prohibition on guaranteed returns) and the Securities Law. The company’s Chinese operations were suspended for three months.
Celebrity Endorsements and Testimonials: What Is Restricted
China’s Advertising Law imposes special restrictions on celebrity endorsements and customer testimonials. Under Article 38, celebrities who endorse products must have actually used the product and cannot make claims they cannot substantiate. If a product is later found to be defective or its advertising false, the endorsing celebrity may be jointly liable — a provision that has made Chinese celebrities increasingly cautious about endorsements.
Fictional testimonials — creating quotes from fake customers or using actors without disclosure — are explicitly prohibited. Any testimonial must come from a real user of the product, and the advertiser must maintain records verifying the testimonial’s authenticity for at least two years. A 2024 SAMR enforcement action fined a foreign skincare brand ¥2.1 million for using fabricated customer testimonials in its Douyin advertising, including photos and quotes from actors presented as satisfied customers.
Prohibited Claims by Industry: A Quick Reference
The following table summarizes prohibited claims by major industry categories:
| Industry | Prohibited Claims | Regulatory Basis |
|---|---|---|
| Food & Beverage | Disease treatment claims, “health” for non-registered products, “all-natural” without certification | Food Safety Law, Advertising Law Art. 17 |
| Cosmetics | Therapeutic/medical effects, “whitening” without special approval, permanent results | Cosmetics Supervision & Administration Regulation |
| Pharmaceutical | OTC advertising without approval, “no side effects,” unsubstantiated efficacy rates | Drug Administration Law, Advertising Law Art. 16 |
| Financial Services | “Guaranteed returns,” “no risk,” “highest returns in the market” | Advertising Law Art. 25, Securities Law |
| Education | Exam score promises, “guaranteed admission,” comparative student performance | Advertising Law Art. 24, “Double Reduction” policy |
| Real Estate | Investment return guarantees, “best location,” false floor area ratios | Advertising Law Art. 26 |
| Automotive | Unverified safety claims, “world’s safest car,” misleading range figures for EVs | Advertising Law, Quality Law |
Consequences and Risk Mitigation
Foreign businesses can protect themselves by implementing a rigorous pre-publication review process. Every advertisement intended for the Chinese market should be reviewed by a qualified China advertising law specialist before publication. The review should check for: absolute superlatives, unsubstantiated health or performance claims, improper data usage, competitor references, unverified origin claims, and proper disclosure language.
Budget for legal review: ¥5,000–¥20,000 per campaign depending on complexity. This cost is minimal compared to the potential fines (¥100,000–¥5 million per violation), corrective advertising expenses, and reputational damage from SAMR enforcement actions. Foreign brands should also subscribe to SAMR’s regulatory updates in Chinese (available at www.samr.gov.cn) and consider joining industry associations such as the China Advertising Association’s foreign enterprise committee for compliance guidance.
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