Food Information in Chinese Food Law: Legal Systematic Analysis of Labeling and Advertisement Requirements of Food Products in the People’s Republic of China

Abstract

This paper discusses the general rules on labeling and advertisement of food products in the People’s Republic of China. The framework of food labeling rules is set first of all by the Food Safety Law 2015. Technical implementations of those rules can be found in the Pre-packaged Product Labeling Standard (GB 7718-2011) and the Standard for Nutrition Labeling of Pre- packaged Foods (GB 28050-2011). More specific requirements can be found in the Standard on Pre-packaged special dietary food labels (GB 13432-2013), the Standard for the Labeling of Food Additives (GB 29924-2013), as well as other product-specific standards. Food advertisements are mainly regulated under the Advertisement Law. Compliance should not be taken lightly since non-compliance is not only treated with administrative sanctions, but may also be subject to civil actions. Consumers are encouraged to claim damage up to ten times the purchase price of the food in question or three times the losses suffered, which has led to the phenomenon of the ‘professional consumer’. This paper introduces the general framework of labeling and advertisement requirements and concludes with a discussion on the professional consumer.

Keywords: People’s Republic of China, 2015 Food Safety Law, Food Law, Systematic Analysis, Labeling, Advertisement, Professional Consumer

JEL Classification: K20, K23, K30, K32, Q18