The purpose of the Health Promotion Act is stipulated in Article 1 of the Act.<\/p>\n\n\n\n
\n(Purpose)<\/p>\nArticle 1: This Act aims to establish basic matters for the comprehensive promotion of the health of the nation, taking into account the rapid aging of the population and changes in disease structure in our country, and the increasing importance of health promotion. It also aims to take measures to improve the nutrition of the nation and other health promotion measures, and thereby improve national health.
Health Promotion Act Article 1
<\/cite><\/blockquote>\n\n\n\nThe Health Promotion Act aims to establish basic matters for the comprehensive promotion of the health of the nation, take measures to improve the nutrition of the nation and other health promotion measures, and thereby improve national health.<\/p>\n\n\n\n
In simple terms, the Health Promotion Act is a law aimed at promoting the health of the nation.<\/p>\n\n\n\n
<\/span>Prohibition of Exaggerated Claims<\/span><\/h3>\n\n\n\n<\/span>Content of the Prohibition of Exaggerated Claims<\/span><\/h4>\n\n\n\nThe Health Promotion Act prohibits exaggerated claims in Article 65.<\/p>\n\n\n\n
\n(Prohibition of Exaggerated Claims)<\/p>\nArticle 65: No person shall make a claim that is significantly different from the facts or that significantly misleads people about the health maintenance and promotion effects and other matters prescribed by Cabinet Office Ordinance (referred to as “health maintenance and promotion effects, etc.” in the next article) when advertising or otherwise displaying items for sale as food.
2 The Prime Minister must consult with the Minister of Health, Labour and Welfare in advance when establishing, amending or abolishing the Cabinet Office Ordinance referred to in the preceding paragraph.
Health Promotion Act Article 65<\/cite><\/blockquote>\n\n\n\nFor example, if an influencer or YouTuber makes a claim that is significantly different from the facts or that significantly misleads people about the health maintenance and promotion effects of a food, it would be a violation of Article 65 of the Health Promotion Act.<\/p>\n\n\n\n
A case that could be considered a violation of Article 65 of the Health Promotion Act would be an advertising and promotional activity that claims, “Eating this food will prevent you from getting the coronavirus, and it will prevent the coronavirus,” even though there is no such effect in reality.<\/p>\n\n\n\n
<\/span>Those Subject to the Prohibition of Exaggerated Claims<\/span><\/h4>\n\n\n\nIn the above-mentioned Article 65, paragraph 1 of the Health Promotion Act, the subject of regulation is not limited by the phrase “no person shall”.<\/p>\n\n\n\n
Therefore, all those who “advertise or otherwise display items for sale as food” are included in the scope of regulation.<\/p>\n\n\n\n
Therefore, it is considered that not only the companies that requested stealth marketing, but also the influencers and YouTubers involved in stealth marketing activities are subject to the regulations of the Health Promotion Act.<\/p>\n\n\n\n
This is different from the Act against Unjustifiable Premiums and Misleading Representations, which targets businesses that supply goods and services, so caution is required.<\/p>\n\n\n\n
<\/span>Measures for Violations of the Health Promotion Act<\/span><\/h3>\n\n\n\nFor those who have violated Article 65, paragraph 1 of the Health Promotion Act and made exaggerated claims, it is stipulated in Article 66, paragraph 1 of the Health Promotion Act as follows:<\/p>\n\n\n\n
\n(Recommendations, etc.)<\/p>\nArticle 66: The Prime Minister or the governor of a prefecture may, when there is a person who has made a display in violation of the provisions of the preceding article and it is recognized that there is a significant impact on the maintenance and promotion of the health of the nation and the accurate transmission of information to the nation, make a recommendation to that person to take necessary measures concerning the display.
Health Promotion Act Article 66, paragraph 1<\/cite><\/blockquote>\n\n\n\nFurthermore, for those who do not comply with the recommendation stipulated in Article 66, paragraph 1 of the Health Promotion Act, it is stipulated in Article 66, paragraph 2 of the Health Promotion Act as follows:<\/p>\n\n\n\n
\n2 The Prime Minister or the governor of a prefecture may, when a person who has received the recommendation referred to in the preceding paragraph has not taken the measures related to the recommendation without justifiable reason, order that person to take the measures related to the recommendation.<\/p>\n
Health Promotion Act Article 66, paragraph 2<\/cite><\/blockquote>\n\n\n\nAnd for those who do not comply with the order to take measures related to the recommendation stipulated in Article 66, paragraph 2 of the Health Promotion Act, it is stipulated in Article 71 of the Health Promotion Act as follows:<\/p>\n\n\n\n
\nArticle 71: A person who has violated an order based on the provisions of Article 66, paragraph 2 shall be punished by imprisonment for not more than six months or a fine of not more than one million yen.<\/p>\nHealth Promotion Act Article 71<\/cite><\/blockquote>\n\n\n\nIn other words, if you violate Article 65, paragraph 1 of the Health Promotion Act, you will be recommended to take necessary measures, if you do not voluntarily comply with the recommendation, you will be ordered to take measures related to the recommendation, and if you do not comply with the order, you will be punished by imprisonment for not more than six months or a fine of not more than one million yen.<\/p>\n\n\n\n
<\/span>Summary<\/span><\/h2>\n\n\n\nWe have explained the legal regulations concerning stealth marketing in the food industry.<\/p>\n\n\n\n
Stealth marketing in the food industry may not only violate the Japanese Premiums and Representations Act, but also potentially conflict with the Japanese Health Promotion Act. Therefore, companies that request stealth marketing and influencers or YouTubers who engage in advertising and promotional activities such as stealth marketing need to be careful not to violate the Premiums and Representations Act and the Health Promotion Act.<\/p>\n\n\n\n
Furthermore, there is a possibility that consumers may suffer significant damage as a result of purchasing and consuming food due to illegal advertising and promotional activities.<\/p>\n\n\n\n
It is important for not only companies that request influencers or YouTubers for advertising and promotional activities such as stealth marketing, but also influencers or YouTubers who engage in such activities, to have accurate knowledge about advertising and promotional activities including stealth marketing in the food industry.<\/p>\n\n\n\n
Legal regulations concerning advertising and promotional activities including stealth marketing in the food industry require legal knowledge and professional judgment. Therefore, please consult a law firm for detailed information.<\/p>\n","protected":false},"excerpt":{"rendered":"
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