How to Navigate Comparative Advertising Rules in China: 2026 Legal Guide

Comparative advertising in China — where one product or service is explicitly or implicitly compared to a competitor — is legal but heavily restricted. Under the 2015 revision of the Advertising Law, the maximum fine for a single violation involving misleading or disparaging comparative ads reached RMB 1,000,000, and in 2024–2026, regulators in Shanghai, Beijing, and Shenzhen have stepped up enforcement, issuing over 320 administrative penalties for comparative ad violations in the past 18 months. This guide walks foreign executives through the legal framework, common pitfalls, and compliant strategies for running comparative campaigns in China.

What Qualifies as Comparative Advertising Under Chinese Law

Chinese law does not define “comparative advertising” in a single dedicated statute, but it regulates the practice through several overlapping rules. The primary source is Article 13 of the Advertising Law (广告法, guǎnggào fǎ), which states: “An advertisement may not denigrate the goods or services of other producers or operators.” This is the core prohibition. In practice, any advertisement that names a competitor, implies a competitor, or uses language like “best,” “better than,” or “number one” falls under scrutiny.

The State Administration for Market Regulation (SAMR, 国家市场监督管理总局, guójiā shìchǎng jiāndū guǎnlǐ zǒngjú) published supplementary guidelines in 2023. These guidelines clarify that even indirect comparisons — such as showing a competitor’s logo blurred out, or using phrases like “the leading brand in our category” — can be treated as comparative advertising if a reasonable consumer can identify the target. In 2025, SAMR expanded enforcement to include digital platforms: live-streaming hosts on Douyin and Taobao who disparage rivals during product demonstrations now face the same liability as traditional broadcasters.

Comparative claims that are factual, verifiable, and non-disparaging are theoretically allowed. For example, stating “our battery lasts 72 hours, while the average competitor’s battery lasts 48 hours” is permissible if you have third-party test data to back it up. However, the burden of proof always falls on the advertiser. You must be able to produce the underlying evidence within 24 hours of a regulator’s request.

Key Prohibitions and Red Lines

Chinese advertising law draws six clear red lines for comparative advertising. Crossing any of them can trigger a fine, a corrective order, and — for serious cases — a temporary suspension of business operations.

1. Disparagement (诋毁, dǐhuǐ)

You may not claim or imply that a competitor’s product is unsafe, harmful, inferior, or counterfeited. Even a statement that is objectively true, such as “Competitor A uses plastic components,” can be treated as disparagement if the context suggests a negative value judgment. In a 2024 case in Guangzhou, a home appliance brand was fined RMB 500,000 for stating that a rival’s air conditioner has “average energy efficiency” — because, while factually correct, the phrase was deemed disparaging.

2. Misleading Comparisons (误导性比较, wùdǎoxìng bǐjiào)

You cannot compare your product to a competitor’s on features that are not directly comparable. For example, comparing the horsepower of an electric car to a gasoline car without acknowledging differences in weight, gearing, or energy source is misleading. SAMR fined a German automaker RMB 1,000,000 in 2024 for comparing its “electric range” against a Japanese hybrid vehicle’s “total range,” calling the metric apples-to-oranges.

3. Unsubstantiated Claims (无事实依据, wú shìshí yījù)

Any comparative claim must be supported by reliable, third-party data. Self-conducted tests or internal research are generally not accepted. Only data from SAMR-accredited testing centers, Chinese government agencies, or recognized industry associations (such as the China Consumers Association, 中国消费者协会, zhōngguó xiāofèizhě xiéhuì) counts as valid evidence.

4. Comparative Rankings Without Authorization

Using rankings or awards to compare your product against competitors is only allowed if the ranking body is legally registered in China and the ranking methodology is publicly disclosed. In 2025, SAMR penalized a health supplement company RMB 200,000 for claiming “top-rated by consumers” without specifying the survey firm or the sample size.

5. Comparative Ads Directed at Chinese State-Owned Enterprises or National Champions

Regulators treat comparisons with state-owned enterprises (SOEs, 国有企业, guóyǒu qǐyè) or “national champion” brands with extra sensitivity. While not explicitly written into law, internal SAMR guidance from 2024 warns that comparing a foreign brand against a prominent Chinese SOE in sensitive sectors (energy, telecom, healthcare) is considered a “high-risk” practice. Two foreign pharmaceutical companies received warning letters in 2025 for comparing their drugs to domestic generics.

6. Comparative Ads Claiming “Best-in-China” or “Number One”

Absolute superlatives like “best,” “first,” or “number one” are banned under Article 9 of the Advertising Law unless the claim is backed by a national-level government certification. Even “best-selling” requires a government-issued sales certificate from a recognized authority such as the National Bureau of Statistics or a SAMR-accredited third party.

How to Structure Compliant Comparative Claims

Building a compliant comparative ad campaign in China requires a systematic approach. The following steps form the basis of a defensible process.

Step 1: Identify the Legal Basis for Each Claim

Before drafting any comparative language, determine whether your claim is factual, opinion-based, or performance-based. Factual claims (e.g., “weight: 500g vs. competitor’s 500g”) are the safest. Opinion-based claims (“our design is more elegant”) are risky because they verge on disparagement. Performance claims (“speed: X vs Y”) require third-party verification.

Step 2: Conduct a SAMR-Registered Third-Party Test

For any performance, durability, or ingredient claim, commission a test from a SAMR-accredited laboratory (such as the China National Institute of Standardization or the Beijing Testing Center). The test must be conducted on the specific products you are advertising, and the test report must be dated no more than 12 months before the ad launch.

Step 3: Draft Comparative Language with a “Factual Statement” Format

Use neutral language that states a measurable difference without value judgment. For example, instead of saying “our engine lasts longer than Brand X’s,” say “our engine operates continuously for 10,000 hours per laboratory test report #2025-00321. The engine of Brand X’s model Z operates for 8,500 hours under identical test conditions.” This format reduces the risk of being considered disparaging.

Step 4: Register or File Your Advertisement Proactively

For ads in regulated categories (health products, food, cosmetics, medical devices, pharmaceuticals, and alcohol), you must file the ad with the relevant regulator before publication. For unregulated categories, proactive filing is voluntary but strongly recommended. SAMR’s online filing portal (guǎnggào bèi’àn, 广告备案) allows you to upload the ad and supporting evidence. Filing creates a timestamp that helps defend against future complaints.

Step 5: Include a Clear Disclaimer

Add a textual or visual disclaimer stating the basis of the comparison. Example: “This comparison is based on [specific test or standard] conducted on [date]. Individual results may vary.” The disclaimer should be in Chinese and placed so that it cannot be overlooked — ideally at the bottom of the screen or as a verbal note in broadcast ads.

Enforcement and Penalties in 2026

Enforcement of comparative advertising rules has intensified in 2026. SAMR has deployed a “digital advertising monitoring system” that crawls over 8 million ads per day across web pages, social media, live streaming, and short-form video. The system flags any ad containing competitor names, superlatives, or comparative language for manual review. Between January and May 2026, the system flagged approximately 120,000 ads, and about 12% resulted in formal investigations.

The penalty structure for comparative ad violations is as follows:

In 2025, SAMR collaborated with the Cyberspace Administration of China (CAC) to enforce a “blacklist” system. Brands that receive two administrative penalties for comparative ad violations within three years are placed on a public register. Platforms are required to block any ad from a blacklisted brand for six months. As of June 2026, 27 foreign companies are on this blacklist, including four Fortune 500 firms. Removal requires a compliance audit and a formal application, which takes an average of 90 days.

Decision Framework: If you are advertising a consumer product (FMCG, electronics, apparel) and your comparison is based on a single, easily verifiable physical attribute (weight, size, color, ingredients), choose a factual-filing approach — file your ad with SAMR and rely on third-party test reports. If you are advertising in a regulated category (health, food, cosmetic, medical device) or your comparison involves subjective attributes (effectiveness, quality, value), choose a total-avoidance approach — avoid naming competitors entirely and use “our product alone” positioning instead. The risk of a violation in regulated categories is 3.5× higher than in unregulated categories, according to SAMR’s 2025 enforcement data.

3 Common Pitfalls in Comparative Advertising

NEXT STEPS

1. Audit your existing and planned ad campaigns for comparative language. If you use any competitor names, superlatives like “best” or “top,” or comparative phrasing, commission a SAMR-accredited third-party test immediately. See our full guide on China Advertising Law Compliance.
2. Register your ads on SAMR’s filing portal before publication. Even for unregulated categories, proactive filing creates a legal timestamp that can shorten investigation timelines by up to 40 days. Use our step-by-step SAMR Filing Checklist.
3. Review your competitor targeting strategy. Avoid naming or implying state-owned enterprises or national champion brands. Internal SAMR guidance treats these comparisons as “high-risk.” Request a free Risk Assessment for your campaign.

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