The Ministry of Culture, Sports and Tourism (MOCST) has proposed a regulation prohibiting the use of medical uniforms, images, names, or articles associated with healthcare institutions, doctors, pharmacists, and medical staff in advertisements for cosmetics.

The proposal is part of a draft decree detailing several provisions and implementation guidelines of the Advertising Law currently under review by the ministry.

The draft aims to update and refine regulations for advertising specific categories of goods, products, and services with direct impact on human health and the environment. It includes clear rules on required advertising content, health warnings, prohibitions, and the responsibilities of relevant ministries and agencies (such as the Ministry of Health, Ministry of Agriculture and Environment) in managing advertising practices.

The decree outlines 11 categories of goods and services considered "special," meaning they directly affect human health and the environment. These include cosmetics; food products; milk and nutritional products for infants not governed under Article 7, Clause 4 of the Advertising Law; insecticides and disinfectants; medical devices; medical services; plant protection drugs, veterinary medicines, animal feed, fertilizers, and crop seeds; alcoholic beverages.

For each group, the draft decree proposes specific advertising requirements.

In the case of cosmetics, advertisements must include the product name, features, uses, name and address of the responsible company or individual, and applicable health warnings in line with international agreements. Ads must not mislead consumers into thinking the product is a drug.

Most notably, ads for cosmetics must not feature imagery, uniforms, names, letters, or articles from healthcare organizations, doctors, pharmacists, or other medical personnel.

For food-related products, including functional foods, dietary supplements, medical nutrition, and foods for special diets, the advertisement must prominently state: “This product is not a medicine and does not replace medical treatment.” This disclaimer is mandatory unless the ad is under 15 seconds in audio format, in which case the warning must still be included in the content.

For milk and nutritional products for infants, ads must begin with the message: “Breast milk is the best source of nutrition for infants and supports their complete development,” and clearly state that the product is a supplement intended for children over six months of age, to be used alongside breast milk.

Advertisements for medical services must clearly state the name and address of the medical institution, as well as the scope of services as approved by the health authorities in accordance with medical practice laws.

The amended Advertising Law, passed by the National Assembly in mid-June, introduces stricter regulations regarding accountability for celebrities and influencers who participate in advertising.

Those who promote or endorse products - including public figures, professionals, or social media users with large followings - are now required to verify the credibility of the advertiser and review all product documentation.

If the individual has not used or does not fully understand the product, service, or good, they are prohibited from endorsing it. Additionally, they must clearly disclose that the content is an advertisement both before and during the promotion.

Tran Thuong