In Japan as well as around the world, online advertising has become a cornerstone for businesses seeking to expand their reach. However, the arena of health and medical advertising is particularly sensitive due to its potential implications on public health and safety. To protect consumers from misleading or potentially harmful advertising practices in these sectors, stringent regulations are in place. Advertisers must navigate a complex web of laws and guidelines, including the Pharmaceutical and Medical Device Act, the Medical Advertising Guidelines, and the Act against Unjustifiable Premiums and Misleading Representations, to ensure compliance and maintain consumer trust.
Key Regulations Governing Online Health and Medical Ads
The Japanese legal framework sets clear boundaries through several key laws:
- Act on Specified Commercial Transactions: This law provides guidelines on transparency in advertising, requiring clear disclosure of advertiser information and service conditions to prevent misleading practices.
- Pharmaceutical and Medical Device Act: This regulates advertisements related to drugs and medical devices, prohibiting unverified claims about effectiveness and safety.
- Medical Advertising Guidelines: These guidelines ensure that advertisements for medical services and products do not mislead consumers regarding their benefits and risks.
Failure to adhere to these laws not only leads to legal penalties but can severely damage a company’s reputation and consumer trust.
Common Pitfalls in Online Health and Medical Advertising:
Several recurring issues highlight the challenges advertisers face:
- Misleading Claims: For instance, ads guaranteeing the effectiveness of health products like blackhead treatments without sufficient evidence can contravene the Pharmaceutical and Medical Device Act.
- Deceptive Presentation: Cases where ads mimic credible news sources (e.g., presenting product news in a format similar to Yahoo! News) can mislead consumers, violating the Act on Specified Commercial Transactions.
- Ambiguous Sales Tactics: Advertising that uses countdown timers suggesting limited availability without it reflecting the true situation may also mislead consumers under the same act.
Facebook’s Strict Advertising Policies
With over 2 billion active users, Facebook’s platform is a critical channel for digital marketing. The platform enforces strict policies on health and medical advertising to safeguard its users from misleading information and harmful products.
Prohibited and Restricted Items on Facebook Ads:
- Health Products: Any claims in ads must be substantiated, avoiding any content that could promote negative self-perception or unrealistic outcomes.
- Banned Products: Facebook does not allow ads for tobacco, weapons, adult products, and certain healthcare-related items like prescription drugs without prior permission.
- Image Use: Facebook restricts the use of certain types of images in ads, such as those depicting medical procedures, distressed individuals, or body parts.
Best Practices for Compliance on Facebook
To prevent restrictions or bans:
- Policy Awareness: Familiarize yourself with Facebook’s advertising policies to ensure your ads comply.
- Appropriate Targeting: Ensure ads are targeted to appropriate audiences and avoid sensitive content that could impact minors.
- Account Management: Use a single, official account to manage ad campaigns to avoid potential flags for suspicious activity.
- Content Accuracy: Maintain honesty and accuracy in advertising, avoiding sensationalism or unverified claims.
Facebook does not allow the advertising of the following products:
- Alcohol
- Binary Options
- Body Parts
- Cannabis
- Counterfeit Goods
- Dating
- Derogatory Personal, Political, and Religious Content
- Drug Tests and Exam-Taking Services
- Face Masks
- Fake Documents
- Fake Followers Services
- Gambling
- Hacking and Surveillance
- Illegal Automobile Modification Products
- Lottery
- Multi-Level Marketing
- Online Pharmacies
- Over-the-Counter Drugs
- Payday and Short-Term Loans
- Personal Loans
- Penny Auctions
- Politics
- Prescription Drugs
- Recreational Drugs
- Rehabilitation related
- Reproductive Health
- Spy Cams and Surveillance Equipment
- Spyware and Malware
- Subscription Services
- Tobacco Products
- Unauthorized Set-Top Boxes (Decoders)
- Unsafe Supplements
- Unregulated Investments
- Weapons and Explosives
If you violate any of Facebook’s advertising policies, your account may be restricted. This means that you won’t be able to run ads on Facebook or use your Facebook Page to promote your business.
There are a few things that can get your account restricted, such as:
- Advertising a restricted product or service
- Advertising false or misleading information
- Targeting your ads to minors
- Using personal multiple accounts to run ads for a business
- Using accounts that are considered as fake
Making inappropriate and offensive comments as one of the pages you manage
Conclusion
Understanding and adhering to the specific legal and platform-specific regulations is crucial for businesses engaged in online health and medical advertising in Japan. By fostering practices based on transparency, accuracy, and ethical advertising, businesses can thrive in a highly regulated environment while contributing to public health awareness. Advertisers should remain vigilant and adaptive to changes in regulations and platform policies to sustain their operations and reputation in the competitive digital marketplace. If you have any questions or need further assistance with your advertising strategies, feel free to reach out to Mondo Marketing.