The State Administration for Market Regulation (SAMR) has issued the Law Enforcement Guide for Cited Content in Advertisement (Draft for Comment) (the "Draft") to solicit public opinions by January 12, 2026.
The Draft, drawing on the main forms of cited content in advertisements, provides detailed interpretations and explanations of Article 4 and Paragraph 2 Article 11 of the Advertising Law of the People's Republic of China (Amended in 2021). It mainly involves: (1) clarifying the scope of application; (2) introducing regulatory requirements for cited content; (3) refining supervisory rules; and (4) addressing other relevant issues. Notably, the Draft makes detailed explanations of the provisions under Paragraph 2 Article 11, which require that "the source of cited content shall be indicated" and that, "where the cited content has applicable conditions or a validity period, such conditions or period shall be clearly indicated". It also enumerates circumstances that may constitute false advertising and the factors to be considered in determining whether an advertisement is false. In response to the evolving business forms in advertising, Articles 13 and 18 of the Draft further clarify that business entities engaged in advertising creativity and planning shall also be included in the regulatory scope.