On March 21, China’s State Administration for Market Regulation (SAMR) issued the Guide for Law Enforcement Concerning Absolute Language in Advertising (the "Guide").

The Guide touches upon the following contents: the first to further clarify the scope of the law application. The Guide combines the legislative intent of the Advertising Law of the People's Republic of China (Amended in 2021) and regulatory and law enforcement practices, makes a detailed list of exceptions to the prohibition of use of absolute language in advertising provided for in the Item 3 of Article 9 of the Advertising Law, to avoid the mechanized "one size fits all" approach of enforcement. The second is to clarify the general principles of law enforcement and regulation. The Guide requires market regulatory authorities at all levels to make judgments in a holistic manner based on the advertising content and specific contexts when carrying out law enforcement concerning absolute language in advertising, to achieve the coordinated political, social, and legal effects. The third is to regulate discretion, subject to the Law of the People's Republic of China on Administrative Penalties (Revised in 2021) and other laws, regulations, and rules, as well as the Guiding Opinions on Regulating the Discretion in Imposition of Administrative Penalties for Market Regulation, the Guide refines the rules applicable to situations where penalties will not be imposed as well as mitigated, lighter, and heavier penalties should be imposed.

(Source: China’s State Administration for Market Regulation)