Functional foods are not medicines, yet many advertisements exaggerate their effects until consumers believe the product can cure disease. Vietnamese law tightly controls advertising for this product group: advertising content must be confirmed before release, and any wording that misleads consumers may trigger enforcement. This article clarifies the required procedure and the violation boundaries businesses must avoid.
1. Why functional food advertising is strictly controlled
Consumers easily confuse functional foods with curative medicines, especially when advertisements stress effects such as “supports treatment” or “recover from illness”. Misleading advertising causes not only economic loss but may also make patients miss the right time for proper treatment, directly harming public health. The Law on Advertising 16/2012/QH13 therefore requires all advertising to be truthful and accurate, and treats food advertising as a conditional activity — businesses may not publish at will. Regulators prioritise inspections in this area, particularly for advertisements on social media and e-commerce platforms.
2. Content confirmation procedure before advertising
Under Decree 15/2018/ND-CP (Article 27), health supplement advertising may only run after the advertising content confirmation is granted by the competent state authority. The application dossier includes the intended content, format and media, together with documents evidencing the lawfulness of the content. Businesses may advertise strictly within the confirmed content; any change to scripts, images or messages requires a fresh confirmation.
The confirmation acts as a mandatory pass: advertising without it, or advertising content that differs from what was confirmed, constitutes a violation. Note that as of the writing date (20/10/2026), content confirmation continues under Decree 15/2018/ND-CP; the status of Decree 46/2026/ND-CP is detailed in the research note at the end for QA Council review.
3. Common violation boundaries
Businesses should avoid the following conduct:
- Advertising that misleads consumers into believing the product works like a curative medicine — the most common violation. Health supplement advertisements must carry the disclaimer that the product is not a medicine and does not replace medicines.
- Using the images or titles of doctors, medical establishments, health workers, or patient thank-you letters to build trust in the product.
- Advertising unproven effects, exaggerating efficacy, or using absolute terms such as “cures”, “eliminates at the root” or “100% effective”.
- Running advertisements without a content confirmation, or with actual content differing from the confirmed version.
Consequences go beyond administrative penalties. Businesses may be ordered to remove the violating advertisements and correct the misleading information, and a violation record can affect future content confirmation applications.
Conclusion
Functional food advertising is a conditional activity, not an absolute freedom of the business. Completing the content confirmation procedure, keeping messages truthful, and avoiding any wording evocative of curative medicines is the only way to communicate safely and sustainably.
Frequently asked questions
1. Does advertising functional foods on Facebook require a content confirmation?
Yes. The confirmation obligation applies to every advertising medium, including social networks, websites and e-commerce platforms. Online advertisements published without a confirmation face the same enforcement as press or television advertisements.
2. Which phrases risk being treated as misleading consumers about medicinal effects?
Treatment-suggesting phrases such as “cures”, “specially treats”, “replaces medicine” or “recover after a few days” all sit in the danger zone. The safest approach is to state only the effects recorded in the product announcement dossier and always include the not-a-medicine disclaimer.
3. Must a change of illustrative images be re-confirmed?
Yes, if the new images alter the message or the communicated content. The rule is to advertise only what was confirmed; any change to scripts, images or messages requires a new procedure.
4. May customer reviews be used in advertising?
With great caution. If a review suggests the product cures disease, or uses a patient’s identity to build trust, the advertisement may be found in breach of prohibited-content rules.
5. How are advertising violations handled?
Businesses may face administrative penalties, orders to remove the advertisements, and correction of misleading information. Where serious harm to consumer health results, higher levels of liability may be considered under the law.
This article has been quality-reviewed by the FLAW AI Legal Council.
