2016-05-26 15:04
Food and drug administration asked part of the health care products changed its name to the enterprise is very tangled
Direct reporting network Beijing May 26th (food partner network) into May, a number of health food companies began to be in a tangle of state. State Food and Drug Administration "on further regulate the naming of health foods related matters notice (2015 No. 168)" provisions, since May 1 this year, not production name contains representations of product function Related words of health food. This means, "a certain slimming capsule" certain improve sleep oral liquid "" XX Hugan tablet "a large number of production name contains a representation of product function Related words of health food products will gradually withdraw from the market. The release of this announcement caused great repercussions in the industry, a lot of health food companies said that the name may affect the market for many brands of enterprises.
Six months two times issued a document urging product name change
August 25, 2015, the State Food and Drug Administration announcement (2015 168th) released, caused great repercussions in the industry. On November 5 of the same year, the China Health Care Association to solicit business, to the State Food and Drug Administration submitted the China Health Care Association about the Announcement No. 168 reflect letter, "pointed out that the announcement suddenly, regulatory changes too fast; enterprises ask for compensation for losses; announcement execution, there are problems such as confused, and puts forward the postponed the announcement of the implementation of the recommendations.
And on February 26 this year, the State Food and Drug Administration released again the administration about the naming of health foods related matters notice (2016 No. 43) ", called on all localities to strictly enforce the State Food and Drug Administration announced (2015 No. 168), since May 1 this year, the health food name may not contain statements of related text, including not containing has approved such as enhanced immunity, hypolipidemic, specific health functions of text, not contain misleading consumers of content of the text. In addition, define the product name after the approval of the change, production enterprises can label the original product name in the name of the new product and original product font names shall not be greater than new product name of the font used 1 / 2, the trade name shall not be greater than 5 words. Product sales to the end of the shelf life, shelf life logo shall not exceed the provisions of the original product warranty period. Since January 1, 2017, production enterprises shall not label the name of the original product.
Half a year, the State Food and Drug Administration issued a document two times, urging enterprises to change the name of the product, resolute attitude. Reporters learned that, even after the two issued a document stressed the name, there are still companies to the State Food and Drug Administration submitted a temporary change of name to apply.
The intention to avoid misleading introduced too hasty
An unnamed industry sources told reporters that the State Food and drug administration to regulate the name of health food, is to curb the behavior of health food sales in the process of unfair propaganda. At present, some products containing the name of the product functions related to the text of the health food products exaggerated propaganda, the efficacy of the efficacy of the consumer, to mislead the consumer. For the purpose of effective supervision, the State Food and Drug Administration for health food naming norms.
However, the State Food and Drug Administration's announcement did not support the upper law. Article eightieth of the legislative law of the people's Republic of China stipulates that matters prescribed by the departmental rules shall be in the enforcement of the law or the administrative regulations, decisions and orders of the state council. Without the basis of laws or the State Council administrative regulations, decisions and orders, departmental rules and regulations shall not be set detract from citizens, legal persons and other organizations, rights or increase the standardization of its obligations shall not increase or reduce the statutory duties of the Department by the authority of the Department. Amendments to the food safety law and the State Council, the relevant legal documents are not specified in the name of health food products shall not contain statements of product function. Therefore, the announcement of the current health food registration management approach (Trial), the provisions of the provisions of the health food and other departments of the negative, from the citizens, legal persons and other organizations related rights.
At the same time, the announcement of the release of the lack of relevant comments on the procedures. Article sixty-seventh of the legislative law of the people's Republic of China stipulates that the administrative rules and regulations should be widely listened to the opinions of the relevant organs, organizations, the people's Congress and the public. Listen to the views can be taken to the forum, seminars, hearings and other forms of. The provisions of the State Food and drug administration legislative procedure, Article 17 stipulates that: the drafting department shall, in the process of drafting, listen to the relevant departments and relevant units, industry associations and grass-roots law enforcement officers and citizens advice. Comments can be taken to the forum, seminars, hearings, field research, Internet access and other forms of public solicitation. Drafting department on the draft law to the public for comments, it should be accompanied by the drafting instructions. Twenty-fourth provisions: send reviewers by the legal department to review the changes, basically mature, the State Food and Drug Administration in charge of the leadership of the State Administration of supervision. State Food and Drug Administration in charge of the consent of the leaders, the Chinese government legal information on the Internet for public comment, and reproduced in the official website. The time for comments is generally not less than 30 days.
State Food and drug administration two announcement, the current the health food registered management approach (Trial) "" health food named regulations, departmental rules made substantial changes, belongs to the departmental rules, is the legislative documents, but before the release did not in accordance with the provisions for public comment.
Insiders pointed out that the State Food and Drug Administration issued the two announcement is one size fits all law enforcement, law enforcement has brought convenience to the regulation, but the objective is to some brand enterprise development brings trouble.
The loss of enterprise brand advertising in vain
Reporters in the State Food and Drug Administration database query, the name contains the expression of product functions related to the text of health food is not a few. Domestic health food, the name of the word "weight loss" of the product has 217; with "enhanced immunity," the words of the product has 71; with "auxiliary lowering blood fat," the words of the product has 50...... Many of them "Tongrentang brand auxiliary reduced lipid film" "Sanqi hall brand health liver tea" "Pitt students slimming tea" "ruinian enhanced immunity capsule" and other well-known enterprises in the production of brand products. These products have already formed the brand influence, the enterprise has carried on the massive investment to the brand cultivation, the development of the enterprise and the product name already highly related, the name once the change, will receive the significant loss.
Beijing sanqii pharmaceutical technology research responsible person said, cancel "invigorating health liver tea" in the name, the enterprise will have effect of brand influence, revenue and profits, business losses decline, facing the plight of the operation and development. If you want to achieve the existing brand awareness, brand planning, marketing strategy and media delivery, sales layout and other aspects of increased investment, but also through a long market and consumer awareness process. Beijing outsell health product development Co., Ltd.is responsible person said, flagship product, "Pitt students slimming tea" 2015 accounted for the Chinese market all in the market share of retail pharmacies selling weight loss products 42.26%, for 6 consecutive years topped the list, later renamed the market share will likely fall sharply, enterprises are facing huge risks of business and competition.
Industry experts pointed out that the birth of China's health food 20 years, many excellent products formed a representative brand of local health industry. These brands in the context of the policy and the market, the time to declare the product is used to contain the expression of product features, change the name to the brand of health food businesses hurt huge. For businesses, for the brand into a lot of advertising, spent years established his reputation, cultivate the consumers of the products brand cognitive, once the name change, the disappearance of the brand, a lot of advertising investment in vain. For consumers, will change the name of the public to change the public's consumption habits, virtually deprived of consumers' awareness of quality products. For the market, some unfair competition of enterprises will take the opportunity to malicious speculation, in the name of the brand disappeared in the name of defamation of quality products and norms of enterprises, disrupting the market.
Set up the delay mechanism and other personalized policy
It is understood that the State Food and Drug Administration in the two announcement, the definition of product features related to the text contains the concept is not clear, or produce a variety of ambiguity. For example, 27 specific health care function name cannot be used for product name; in addition to 27 specific health functions, and promotional products supply and marketing related words can not be used for product name; notice provisions not only limited to the generic name and limits brand name. State Food and Drug Administration on the health food named related matters notice (No. 43, 2016) "appeared" the approved name contains and the health care function approximation, the harmonics and the implied the naming of efficacy and other content shall be prescribed separately. " Of the provisions, but the State Food and Drug Administration announcement (2015 168th) how the specific implementation of the enterprise mind and unknown.
China Health Care Association in the letter reflected on the State Food and Drug Administration announced (2015 No. 168) is proposed to suspend the implementation of the announcement, verification of a clear notice of the number of enterprises and products involved, assessment notice and social influence, listen to the views of all parties before making a decision. Some enterprises also through a variety of channels to reflect their own demands.
Insiders pointed out that China's health food industry in the growth of continuous norms and self-discipline, quality more and more enterprises, illegal phenomenon continued to decline, companies are willing to in the healthy growth of law-abiding premise. In this context, the government departments should strengthen scientific supervision, to avoid the simple and brutal law enforcement. For product name change so that the impact of larger, more involved in the brand enterprises regulations, in the implementation process should be in-depth investigation, careful shot, refinement as. For some of the higher brand value, the impact of the larger enterprises can be considered to give delay implementation and other personalized policies to ensure the effectiveness and feasibility of the regulations.
At present, the State Food and drug administration did not make a more detailed explanation of the two announcement, nor the introduction of a detailed implementation of the measures. Some well-known enterprises, said to resolutely implement the national laws and regulations, it is recommended for the notice issued related to the implementation of the measures, for outstanding, with brand influence and credibility of products, through certification, giving special policy support, temporarily not be changed.
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