China Proposes Sweeping New Rules for Drugs, Medical Devices, and Special Foods Advertising

On May 15, 2026, China’s State Administration for Market Regulation (SAMR) released draft measures that would significantly tighten oversight of healthcare advertising, particularly across livestreaming, short-video platforms, and other digital marketing channels. 

The proposed “Measures for the Examination and Administration of Advertisements for Drugs, Medical Devices, Health Foods, and Foods for Special Medical Purposes (Draft for Public Consultation)” would replace the current interim rules and overhaul China’s advertising review framework for regulated healthcare products. 

The draft — open for public consultation until June 15, 2026 — reflects growing regulatory concern over how pharmaceutical, medical device, and health food companies promote products online. 

Regulators are paying closer attention to: 

• Livestreaming and short-video advertising 
• Influencer and KOL promotions 
• Disguised advertising in health education or scientific content formats 
• Scientific and academic content used to endorse products 

For manufacturers, the proposal signals a clear shift: digital marketing activities that once operated in a regulatory grey area are likely to face far greater scrutiny. 

Promotional Claims and Online Marketing Face Greater Scrutiny 

The draft places particular emphasis on the nature and attribution of promotional claims. 

Ban on Institutional and Professional Endorsements 

The draft explicitly prohibits the use of the names or images of research institutions, academic bodies, industry associations, healthcare professionals, and patients for recommendations or testimonials in advertising. For pharmaceutical and medical device companies, this directly targets common promotional practices such as KOL doctor endorsement, patient testimonials, and claims attributed to hospitals or academic institutions.  

This is a distinct and more specific prohibition than a general restriction in citing scientific data. The compliance question is not whether overseas clinical data exists in promotional materials, but whether the ad uses the authority of an institution or professional as a form of endorsement. Companies should review all promotional materials, including digital, livestream, and print, for any content that attributes a recommendation to a named or implied professional or institutional source. 

Advertising Disclosure and Format Requirements 

The draft carries forward existing mandatory disclosure requirements relating to: 

• Font size 
• Color contrast 
• Display timing 
• Audio presentation 

These requirements are not new, but companies with active campaigns should confirm that the current materials remain compliant with standards already in force under the 2020 Interim Measures.  

On format changes, the draft introduces a targeted relaxation: minor adjustments to aspect ratio, font type, or background color, where these do not affect the visibility of mandatory disclosure elements, will no longer require re-submission for advertising review. Similarly, changes limited to price, contact information, delivery details, or links and QR codes will not trigger re-review. This reduces administrative burden for companies managing multiple active ad approvals. 

New Liability for Linked Content in Ads 

The draft introduces a new provision holding advertisers responsible for the truthfulness and legality of all linked content embedded in ads, including links to third-party platforms such as pharmacy or e-commerce pages. Where linked content itself constitutes advertising subject to review, it must be submitted for separate review approval. 

Companies using digital ads that link through to product or purchase pages, including on WeChat, e-commerce platforms, or short-video channels, should audit their link destinations and confirm that all linked advertising content has been independently approved. 

Companies using livestreaming, influencer marketing, cross-border e-commerce campaigns, or educational content strategies should expect increased enforcement risk if the measures are adopted. 

Proposed SAMR Reforms Could Reduce Some Administrative Burdens 

While the proposal strengthens controls in several areas, it also seeks to improve efficiency within the advertising review system and reduce unnecessary administrative burdens. 

Proposed Changes to Advertising Review Procedures 

Key proposed changes include: 

• Optimized validity period requirements for approved advertisements. 
• Mandatory disclosure information displayed on company-owned websites, apps, and digital platforms, such as product name, price, label, specifications, package insert, and delivery terms, will be exempt from advertising review, provided the display is objective and contains no promotional language. This exemption applies to required information only; promotional content on own platforms continues to require prior review approval. 
• Minor advertising format changes (aspect ratio, font type, background color; price, contact, and link updates) will no longer require re-approval, provided mandatory display elements are not affected. 
• Additional procedural adjustments intended to streamline advertising review and administration. 

If implemented, these reforms could help reduce the operational burden associated with maintaining approved advertising materials. 

What Manufacturers Should Review Now 

Companies should not wait for final adoption of the rules. Digital marketing practices should be reviewed immediately, with priority given to the following specific risks under the draft: 

• Any content using the name, image, or implied authority of a healthcare professional, research institution, academic body, industry association, or patient for endorsement or testimonial purposes. 
• Livestreaming, influencer collaborations, and health education formats that function as product promotion, which the draft would classify as disguised advertising subject to review. 
• Linked content embedded in digital ads — including third-party pharmacy or e-commerce links — that may itself constitute advertising requiring separate approval. 
• Promotional content on company-owned digital platforms that go beyond mandatory product disclosure and has not been submitted for ad review. 
• Alignment with approved Chinese product registration and labelling remains a baseline requirement, but the more immediate gap for most pharma companies will be in endorsement practices and digital channel structure.   

As the draft moves toward implementation, companies will need to rapidly identify gaps, adjust active campaigns, and strengthen internal review processes to avoid disruption. Cisema supports companies in preparing these changes through regulatory monitoring, compliance gap assessments, and targeted reviews of digital marketing and promotional content to help reduce exposure under evolving SAMR requirements. 

For support in interpreting the draft measures or submitting comments ahead of the June 15, 2026 consultation deadline, contact Cisema today. 

References 

• Announcement by SAMR on Public Consultation on the “Measures for the Administration of Advertisement Review for Drugs, Medical Devices, Health Foods, and Foods for Special Medical Purposes (Draft for Comments)”
• SAMR Publicly Solicits Comments on the “Measures for the Administration of Advertisement Review for Drugs, Medical Devices, Health Foods, and Foods for Special Medical Purposes (Draft for Comments)”
• New Rules to Strengthen Advertising Regulation for “Three Products and One Device” Open for Public Comment