In connection with health care products such as health foods and supplements, cosmetics, health or beauty goods, and pet foods etc., there are prohibitions or requirements on labeling of the packages or advertisements of products prescribed in the Pharmaceutical and Medical Device Act (previously known as the Pharmaceutical Affairs Act), the Premiums and Representations Act, the Health Promotion Act, the Food Labeling Act, the Food Sanitation Act, the Japanese Agricultural Standard Act, the Household Goods Quality Labeling Act, the Electrical Appliance and Material Safety Act, the Act on Ensuring of Safety of Pet Food, and the Act on Specified Commercial Transactions, etc. If companies violate these regulations, there might be a risk to be subject to criminal penalty, administrative guidance, administrative disposition, etc.
Therefore, it is important to comply with these regulations on advertisement and labeling in selling health care products. However, the criteria of legality is not always clear , and there are many cases that it is not easy to judge whether the advertisement and labeling are legal or not.
Our firm has been dealing with a variety of issues regarding advertisement and labeling of health care products. We conduct legal check on legality of the advertisement and labeling based on extensive knowledge and experience regarding regulations in this area, and suggest possible alternative expressions which do not violate regulations if there is violation.
Also, our firm can provide legal advice regarding how to respond to administrative authorities such as the Ministry of Health, Labour and Welfare, the Consumer Affairs Agency, prefectures or healthcare centers, as well as accompanying clients to summons from administrative authorities. Our firm can also provide legal advice regarding how to respond to consumer organization, or deal with criminal actions such as arrest or house search for violations of regulations on advertisement and labeling.