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False or Misleading Advertising | Launch of the Ministry of Food and Drug Safety's Emergency Response Team, “Expanding Enforcement to Cover AI and Social Media Advertising”

To address false or misleading advertising and deceptive practices against consumers, the Ministry of Food and Drug Safety launched the “Emergency Response Team for Unfair Food Practices” on March 24, 2026.

CONTENTS
  • 1. Structural Changes in the Response System for False or Misleading Advertising
    • - Principal Enforcement Targets and Regulatory Direction
  • 2. The Expansion of Regulation on False or Misleading Advertising and Its Impact on Businesses
    • - Pre-Review Checklist for Advertising
  • 3. The Need to Manage the Risk of False or Misleading Advertising
    • - Daeryun Law Firm LLP's Assistance

1. Structural Changes in the Response System for False or Misleading Advertising

On March 24, 2026, the Ministry of Food and Drug Safety officially launched the “Emergency Response Team for Unfair Food Practices” in order to address false or misleading advertising and deceptive practices against consumers, which have been spreading primarily online.

This measure is regarded as a policy shift toward managing, in a structural manner, the problem of false or misleading advertising within the recently surging digital-based advertising environment.

In particular, the move appears to reflect a determination that the existing regulatory framework alone is insufficient to respond, given that new types of deceptive practices, such as false recommendations generated through artificial intelligence (AI) and advertising that imitates the names of pharmaceuticals, are spreading rapidly.

The core of this Emergency Response Team's launch is that the approach to false or misleading advertising has shifted from one centered on after-the-fact sanctions to one of advance monitoring and integrated response.

Whereas the previous approach consisted mainly of imposing administrative dispositions on individual violations, going forward the response will be connected as a single system spanning from the information-gathering stage through enforcement, inspection, and institutional improvement.

The Emergency Response Team will be organized as an organization reporting directly to the Director General of the Food Safety Policy Bureau, and it will integrate the function of gathering information through consumer reports and online monitoring with the functions of on-site enforcement, testing and inspection, and institutional improvement.

Principal Enforcement Targets and Regulatory Direction

From the early stage of the response team's launch, the Ministry of Food and Drug Safety has signaled that it will focus its enforcement on the types of false or misleading advertising most likely to cause consumer confusion.

In particular, advertising that emphasizes specific ingredients so as to imply efficacy similar to that of pharmaceuticals, as well as advertising that imitates the names of pharmaceuticals so that consumers may be confused, are expected to be the principal targets.

In addition, advertising disguised as expert recommendations and exaggerated advertising that uses reviews and testimonials are highly likely to be included among the subjects of regulation.

Recently, advertising content that uses AI technology to feature experts who do not actually exist, or that feigns credibility, has been increasing, and such types are also expected to be actively enforced against.

Going further, regular planned enforcement is to be conducted each month, and for violations, criminal complaints and notifications to relevant agencies are to be pursued alongside administrative dispositions, indicating that the intensity of regulation is also expected to be strengthened further.

2. The Expansion of Regulation on False or Misleading Advertising and Its Impact on Businesses

The Expansion of Regulation on False or Misleading Advertising and Its Impact on Businesses

This measure should be understood not as a problem confined to the food industry, but as a regulatory change that may affect every industry that uses online-based marketing.

In particular, for businesses that use social media, influencer marketing, and content-based advertising, the likelihood that a single advertising expression will translate directly into legal risk has increased.

Expressions that may constitute false or misleading advertising include not only false statements but also cases that, even if based on fact, may mislead consumers.

Accordingly, businesses need to re-examine their overall marketing structure, including functional claims, emphasis on efficacy, comparative advertising, and the use of reviews.

In addition, where an external agency, an influencer, and a platform operator are jointly involved in the process of producing advertising content, the allocation of responsibility can become complex, and as a result the importance of the contractual structure and internal review procedures is growing even greater.

Pre-Review Checklist for Advertising

If any one of the items below applies, the advertising may be found to be false or misleading, so a prior review is necessary.

1. Expressions Implying Pharmaceutical Efficacy or Treatment of Disease

2. Use of Names or Expressions That May Be Mistaken for Pharmaceuticals

3. Advertising With Expert Recommendations or Endorsements

4. Advertising Using Reviews or Testimonials

5. Expressions Emphasizing Comparison or Superiority

6. Exaggerated or Potentially Misleading Expressions in General

7. Advertising Structure and Liability Risk

3. The Need to Manage the Risk of False or Misleading Advertising

The launch of this Emergency Response Team means that regulation of false or misleading advertising is shifting not to a temporary strengthening of enforcement but to a system of constant surveillance.

In particular, as the scope of regulation expands to encompass online and AI-based advertising, this is the point at which businesses must shift their strategy from after-the-fact response toward advance risk management.

Ultimately, advertising is no longer a matter belonging solely to the marketing domain but is being incorporated as a core area of legal risk management, and whether a business responds to this in a systematic manner is expected to have a direct effect on its competitiveness as well.

Daeryun Law Firm LLP's Assistance

For regulation of false or misleading advertising, the key lies not merely in complying with the statutes but in designing a structure that can control risk from the advertising-planning stage onward.

In particular, as the scope of regulatory application expands beyond the food, bio, and healthcare industries to platform, commerce, and content businesses as a whole, the importance of advance response is growing even greater.

Daeryun Law Firm LLP comprehensively diagnoses a business's advertising risk by connecting the fields of food and labeling-and-advertising regulation, fair trade, and data and platform regulation.

It provides practice-oriented advisory services, including prior legal review of advertising copy and expressions, examination of contractual risk in influencer and outsourced marketing structures, and the formulation of strategies for responding to administrative investigations and enforcement.

In addition, it supports businesses in managing regulatory risk in a structural manner by identifying in advance the areas that may become problematic as false or misleading advertising, establishing internal guidelines, and designing an internal control system in which a business's marketing organization and legal organization are connected.

In an increasingly strict regulatory environment, advertising is no longer a mere means of promotion but an area directly linked to legal liability.

In response to the changing regulatory environment, Daeryun Law Firm LLP will provide practical legal advice and strategic response measures so that businesses can conduct their operations on a stable basis.

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*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

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