SAMR ON PUBLIC CONSULTATION OPINIONS ON THE NAMING OF HEALTH FOODS (DRAFT FOR COMMENT)

In order to further standardize the name of health food products, according to the "Regulations on the Registration and Recording of Health Foods" and the "Detailed Rules for the Examination and Approval of Health Food Registration and Review" (2016 Edition), the SAMR organized the drafting of the Health Food Naming Guide. (Draft for Comment), is now open for comments.

Health Food Naming Guide (draft for comments)

In order to standardize the registration and filing of health food product names, in accordance with the “Regulations on the Registration and Filing of Health Foods” (hereinafter referred to as the “Measures”), “Working Rules for the Examination and Approval of Health Food Registration and Review” (2016 Edition), etc., develop this guide. This guide applies to the registration and filing of health food products within the territory of the People's Republic of China.

1. The basic principles of health food naming

(1) It complies with relevant national laws and regulations.

(2) Follow the rule of one product only corresponding with one name.

(3) Reflecting the true attributes of the product,using concise, easy to understand  lines with Chinese language habits.

(4) It shall not involve the claims such as prevention and treatment of diseases, and shall not mislead or deceive consumers.

2. The health food name composition

The name of the health food consists of the trade name, the common name, and the attribute name.

3. The health food content may not contain:

(1) The trade name and common name shall not contain the following contents:

i)       Words that are false, exaggerated, or absolute;

ii)     Words that express or suggest disease prevention and treatment functions;

iii)    Vulgar or words with feudal superstition;

iv)    Words such as human tissues and organs;

v)     Symbols other than "®";

vi)    Other words that mislead consumers.

The name of the health food shall not contain the names of people, places, Hanyu Pinyin, letters and numbers, etc., except that the registered trademarks have the names of the raw materials containing the letters and numbers that conform to the state regulations.

(2) The generic name may not contain the following contents:

i)        The generic name of the registered drug, except for the name of the raw material or the approval of the health food registration;

ii)       The name of the health function or the text related to the health function of the product;

iii)     Abbreviated names of raw materials that are misleading;

iv)      Other words prohibited by laws and regulations.

4. The health food name declaration and review requirements

(1) Health food name and brand name declaration and review requirements

(2) Requirements for the declaration and review of the generic name of health food products

(3) Health food name and property name declaration and review requirements

(4) The same formula and the same name declaration and review requirements

(5) Declaration and review requirements for special labelling of health food names

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Source: Global Foodmate