Explaining Legal Regulations on Advertising Pet Products

The pet product market has been expanding year by year, and in 2018, the annual shipment value exceeded 1.5 trillion yen. In particular, pet food accounts for more than 40% of the market, leading to the implementation of the ‘Japanese Pet Food Safety Law’ in 2009, which targets dog and cat food.

With the expansion of the market, the variety of pet products has also increased. Generally, when we say “pet products”, the range is very wide, from pet food to animal medicines, quasi-drugs for animals, and medical devices for animals. Therefore, various regulations have been established regarding advertising expressions for pet products.

In this article, we will introduce in an easy-to-understand manner the legal regulations on advertising for pet products and the advertising expressions that are subject to regulation.

Legal Definition of Pet Products

While there is no legal definition for pet products, they are generally referred to as goods intended for pets and can be broadly classified into the following two categories.

Pet Food

• Complete and balanced diet (main meal type)
• General food (side dish type)
• Treats, snacks, and gums
• Raw meat
• Supplements
• Mineral water

General Pet Products

• Toiletries
• Miscellaneous goods (accessories, clothing, toys, tableware, etc.)
• Housing supplies
• Sanitary products
• Beauty products (excluding animal medicines and quasi-drugs for animals)

Animal medicines used for the prevention, treatment, and diagnosis of animal diseases are included in pet products in a broad sense, but they are legally distinguished from pet products. Therefore, expressions that could be mistaken for animal medicines cannot be used in advertisements for general pet products.

Regulations on Advertising Expressions for Pet Products

When advertising pet products, the expressions and content that can be used vary depending on the category of the product. Therefore, it is necessary to confirm in advance which of the following categories the product you plan to advertise falls under:

• Animal Medicines and Related Products (Japanese Animal Medicines, Japanese Animal Quasi-Drugs, Japanese Animal Medical Devices)
• Pet Food for Dietary Therapy
• Pet Food and General Pet Products other than the above

Definition of “Advertising”

Advertising refers to the act of widely informing consumers about products or services by advertisers, stimulating interest and encouraging purchases, as well as the media used for advertising and the content of the advertisements.

Under the “Japanese Pharmaceuticals and Medical Devices Act (Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices)”, an advertisement that meets all of the following three requirements is considered an “advertisement for pharmaceuticals and the like”:

• It is clear that the intention is to attract customers (to stimulate the customer’s desire to purchase).
• The product name of a specific veterinary medicine or similar is clearly stated.
• It is in a state that can be recognized by the general public.

Furthermore, displays that cause consumers to mistakenly believe that the quality or standards of a product are significantly superior to the actual product are prohibited as unfair displays under the “Japanese Act against Unjustifiable Premiums and Misleading Representations”. In addition, there are regulations under the “Japanese Act on Specified Commercial Transactions” for online shopping and catalog shopping.

Entities Regulated by ‘Advertising’

General advertisements for products and services are regulated when they are displayed by businesses (manufacturers, wholesalers, retailers, etc., or those who are recognized as supplying the product or service) that are ‘offering their own goods or services’. However, media such as advertising agencies, newspapers, publishers, and broadcasters are not subject to display regulations, even if they are involved in the production of advertisements, as long as they are not supplying the products or services advertised.

On the other hand, under the advertising regulations of the Japanese Pharmaceutical and Medical Device Act, all entities that advertise, regardless of whether they are corporations or individuals, are subject to regulation. Therefore, not only manufacturers, but also wholesalers, advertising agencies, and even affiliate businesses, are subject to regulation.

What expressions are subject to regulation?

If you do not imply or claim improvements or enhancements to specific parts of the body, stating nutritional supplementation to specific parts, such as “formulated with ○○ ingredient for eye health,” is not considered to have medicinal effects.

Also, for pet food for dogs, cats, etc., which is made for so-called “diet therapy” for specific diseases, etc., it is not considered to have medicinal effects if you clearly state the amount and ratio of nutrients and display the name of the disease or the structure/function of the animal’s body within a certain range.

However, the following expressions may be considered as veterinary drugs, etc., and cannot be used for general pet products, so careful attention is needed.

(A) If you are using the expression “prescription diet,” which means a medicinal expression.

Products intended for use as dietary therapy for specific diseases, etc., in pet food for dogs, cats, etc., are not considered to have medicinal effects within a certain range. Therefore, it is acceptable to use expressions such as “therapeutic diet,” “diet therapy food,” and “special therapy food,” but “prescription diet” is considered a medicinal expression.

(B) If you are using an expression that implies the prevention or treatment of diseases.

Examples of displays related to “prevention and treatment of diseases,” which are considered to have medicinal effects, include the following:

• Displays that are mainly intended for use in the treatment of animal diseases (e.g., for the treatment of ○○ disease, containing ingredients effective for arthritis, effective for respiratory inflammation, etc.)
• Displays that are mainly intended for use in the prevention of animal diseases (e.g., for the prevention of ○○ disease, for measures against ○○ disease, recommended for antibacterial cleaning, containing ingredients to prevent ○○ disease, etc.)
• Displays that are mainly intended to affect the structure of the animal’s body (e.g., ○○ ingredient was developed as a result of medical research and reached the pharmaceutical stage, effective for strengthening joints, etc.)
• Displays that are mainly intended to affect the function of the animal’s body (e.g., reducing stress, improving immunity, strengthening metabolism, extending lifespan, having a deodorizing effect on teeth and gums, etc.)
• Displays that imply that it is a drug (e.g., developed based on ○○ herbal medicine, formulated with health herbs recognized in oriental medicine, for veterinary use, etc.)
• Displays that imply that it is a drug by quoting or posting articles from newspapers, magazines, etc., comments from veterinarians, scholars, etc., theories, experiences, etc. (e.g., breeder’s experience “When I gave ○○, the condition improved and it is energetic.”)

If you want to know more about the regulation of supplement advertisements, please see the detailed description below in addition to this article.

https://monolith.law/corporate/supplement-advertisement[ja]

Important Regulations under the Japanese Pharmaceuticals and Medical Devices Act

While it is, of course, prohibited to use advertising expressions that fall under animal drugs for general pet products, there are also regulations under the Japanese Pharmaceuticals and Medical Devices Act even if they do fall under animal drugs.

The most important item is the “Exaggerated Advertising, etc.” stipulated in Article 66, which prohibits the following three actions:

• Advertising, describing, or spreading false or exaggerated articles about the name, manufacturing method, efficacy, and performance of animal drugs.
• Advertising, describing, or spreading articles that may give the misunderstanding that a doctor or similar professional has guaranteed them.
• Prohibition of the use of documents or drawings suggesting abortion or obscenity.

If you want to know more about the advertising of quasi-drugs, please see the detailed description below in conjunction with this article.

https://monolith.law/corporate/quasi-drug-advertisement-guidelines[ja]

Summary

When advertising pet products, it is crucial to identify whether the product in question falls under ‘Animal Medicines’, ‘Animal Quasi-Drugs’, ‘Animal Medical Devices’, ‘Prescription Diets’, or ‘General Pet Supplies’. Care must be taken to ensure that none of the prohibitions for each category are violated.

As multiple laws such as the ‘Japanese Pharmaceutical and Medical Device Act’, ‘Japanese Act against Unjustifiable Premiums and Misleading Representations’, and ‘Japanese Act on Specified Commercial Transactions’ are involved in pet product advertising, it is recommended to consult with a lawyer who has extensive knowledge and experience in this field, rather than making judgments on your own.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the Internet, and law. In recent years, the need for legal checks surrounding online advertising has been increasing. Taking into account various legal regulations, our firm analyzes the legal risks associated with businesses that have already started or are about to start. We aim to legalize the business as much as possible without stopping it. Details are described in the article below.