Hello, I am Lee Young-gyeong from Cheongchul Law Firm.

Article 56, Section 2, Clause 3 of the Medical Law prohibits 'advertising that displays false content.' Let us examine what false (misleading) advertisements are prohibited by health authorities and what actual cases of violations exist.

[Question]

What are the false (misleading) advertisements prohibited under the Medical Law?

[Answer]

1. Basis of the Law

As previously mentioned, Article 56, Section 2, Clause 3 of the Medical Law is detailed in Article 23, Section 1, Clause 3 of the Enforcement Decree of the Medical Law, which defines it as “advertising false content that is different from objective facts regarding medical professionals, medical institutions, medical services, and various medical-related matters.”

2. Cases of Violations

Common violations are advertisements that use expressions that are different from objective facts or are difficult to objectively prove. Advertisements using expressions like 'the world’s first,' 'the first in the world,' 'cured in one hour,' 'perfect solution,' or using expressions like 'safety without side effects,' 'the highest effectiveness among existing treatments and procedures' are considered to have advertised with misleading content, or content that is different from the truth.

It should be noted that the expressions subject to this legal provision include matters related to medical advertising, including 'medical institutions, medical practices, medical professionals’ experience, and all matters related to medical services.'

Additionally, such expressions may also fall under false advertising according to the Act on Fair Labeling and Advertising, and the Fair Trade Commission states in their notice on the types and criteria for unfair labeling and advertising practices that “advertising activities that may mislead consumers by using terms with exclusivity, such as 'the best,' 'the highest,' 'the first,' 'the only,' etc., to indicate that one’s own products or services are significantly superior or more advantageous than those of competing businesses” are considered unfair labeling and advertising practices and should be noted.

Cheongchul Law Firm provides consultation related to medical law and medical advertising to numerous healthcare companies and medical institutions based on the expertise and experience accumulated through large domestic law firms like Kim Jang Law Office, Pacific, Plaza, Sejong, and Yulchon and corporate in-house lawyers.

If you work with Cheongchul, we will focus on accurately grasping the essence of the case and achieving the best possible outcome. Trust us, and we will be a reliable support for you.