Recent Development
The Ministry of Trade (“Ministry“) amended the Regulation on Commercial Advertisements and Unfair Commercial Practices (“Regulation“). The amendments revise advertisers’ obligations under the Regulation.
What’s New?
The Ministry introduced new obligations for advertisers regarding advertisements using marketing tools such as raffles, competitions and promotions for the provision of goods or services. In this respect, the Ministry required promoters to use effective methods to ensure that consumers can easily access or obtain the relevant promotional product/service.
The Ministry also amended the provision on advertisements aimed at children to increase the sale of products not recommended for excessive consumption. The amended provision regulates that promotional products based on children’s interests and likes cannot be given as gifts together with the original product. While the previous version of the provision explicitly prohibited the use of both promotional products aimed at children and “similar marketing tools“, the amended provision only refers to promotional products given as gifts together with the original products.
Moreover, the Ministry introduced an exemption to the advertising ban for firearms and non-firearm weapons. Accordingly, arms manufacturers and dealers authorized by the relevant authorities for their operations may advertise through (i) the use of materials published on their official websites and prepared in accordance with the relevant legislation for the promotion of their products and participation in fairs; and (ii) advertisements featured on platforms broadcasting thematic content regarding hunting and shooting activities.
Conclusion
The Ministry continues to take legislative actions for the protection of consumers. All relevant companies must carefully review the amendments to the Regulation and take necessary steps to ensure full compliance with the relevant legislation regarding their commercial advertising activities.
