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About Advertising and Marketing Law in Zhengzhou, China

Zhengzhou, the capital city of Henan province, follows the national legal framework of the People’s Republic of China for advertising and marketing. National laws set the basic rules - local government departments and market supervision authorities in Zhengzhou enforce those laws and issue implementing regulations, guidance and administrative decisions. Advertising and marketing in Zhengzhou covers traditional media, outdoor advertising, point-of-sale materials, e-commerce promotion, influencer marketing and data-driven targeted advertising. Businesses operating in Zhengzhou must comply with national statutes as well as local requirements and permitted practices specific to regulated sectors such as pharmaceuticals, medical devices, foods and tobacco.

The practical effect is that marketers need to combine an understanding of China-wide legislation with local administrative practices and enforcement priorities in Zhengzhou. Regulatory focus commonly includes truthfulness of claims, protection of minors, proper handling of endorsements and influencers, protection of personal information in marketing activities, and legal permits or pre-approvals for certain product categories.

Why You May Need a Lawyer

You may need specialized legal help if you face any of the following situations - or want to avoid them. A lawyer can provide practical advice, draft compliant materials, negotiate with regulators, and represent you in administrative, civil or criminal proceedings.

- Regulatory compliance - you need advice on whether your ad copy, claims or promotions comply with the Advertising Law, E-commerce laws and sector-specific rules. A lawyer helps you structure claims, disclaimers and evidence to reduce risk of penalties.

- Pre-approval and licensing - certain products such as drugs, medical devices, medical services, and tobacco require permits or pre-approval for advertising. A lawyer can guide you through the approval process and documentation.

- Influencer and endorsement arrangements - lawyers draft influencer contracts, advise on disclosure obligations for paid promotions, and manage intellectual property and right-of-publicity issues.

- Data privacy and targeted marketing - when you collect or use personal information for marketing you must comply with the Personal Information Protection Law and cybersecurity rules. Lawyers can help with consent procedures, privacy policies and cross-border data transfer issues.

- Disputes and enforcement - if you receive an administrative penalty, cease-and-desist order, or a consumer complaint, a lawyer can represent you before the Zhengzhou Market Supervision and Administration Bureau, negotiate remedies, or bring civil litigation for damages or injunctions.

- Contract disputes and intellectual property - advertising often involves third-party content, trademarks, music and images. A lawyer helps clear rights, draft contracts with creators and agencies, and respond to infringement claims.

Local Laws Overview

Key legal frameworks that govern advertising and marketing in Zhengzhou include national statutes implemented locally by Henan and Zhengzhou authorities. Relevant themes that businesses must consider are summarized below.

- Truthfulness and anti-fraud - Advertising must not be false or misleading. Claims must be substantiated with objective evidence. Misleading pricing, exaggerated efficacy and hidden conditions are prohibited.

- Regulated product categories - Advertising for pharmaceuticals, medical services, medical devices, special foods, health foods and tobacco is subject to strict rules - including bans, content restrictions or mandatory pre-approval. Medical and health claims require scientific support and often prior administrative approval.

- Endorsements and influencer marketing - Paid promotions and endorsements must be clearly disclosed. Influencers and KOLs are increasingly subject to enforcement for undisclosed sponsorships or deceptive practices.

- Comparative advertising - Comparative claims are permitted only if they are objective, verifiable and do not unfairly denigrate competitors. Comparative advertising that confuses consumers or uses misleading comparisons is restricted.

- Protection of minors - Advertising directed at children is subject to special restrictions. Products or content harmful to minors or that exploit their inexperience are banned.

- E-commerce and platform responsibility - E-commerce platforms operating in Zhengzhou must take measures against illegal advertising by merchants on their platforms. Platforms have obligations to verify merchant qualifications and cooperate with regulators.

- Personal data - Collection, use and sharing of personal information for marketing must comply with the Personal Information Protection Law and related cybersecurity rules. Consent, data minimization and secure storage are key requirements.

- Local administration and enforcement - The Zhengzhou Market Supervision and Administration Bureau enforces advertising rules locally. Other bodies - such as the Public Security Bureau for cybercrime, cultural or urban authorities for outdoor advertising, and consumer protection offices - also play a role in supervision and penalties.

Frequently Asked Questions

Can I use an influencer or KOL to promote products in Zhengzhou without special steps?

You can use influencers, but paid endorsements must be clearly disclosed as advertisements. Contracts should state the nature of payment, the required disclosures and the influencer’s obligations to avoid false claims. Failure to disclose sponsorships can lead to administrative penalties and reputational harm.

Do I need pre-approval to advertise health foods, medicines or medical services?

Yes - many healthcare-related categories require pre-approval or have strict content rules. Advertising medicines, medical devices, and certain health products often requires regulatory review and approval before distribution. Consult a lawyer or regulatory specialist to determine whether your product needs pre-clearance.

What are the consequences of running false or misleading ads in Zhengzhou?

Consequences range from administrative fines, orders to stop the ad and corrective notices, to civil liability for damages and, in severe cases, criminal liability if the conduct constitutes fraud. Local authorities may also require public apologies and seize illegal promotional materials.

Are comparative ads allowed in China and in Zhengzhou?

Comparative advertising is permitted if it is objective, factual and not misleading. Comparisons must be based on verifiable facts, avoid confusing consumers, and must not unfairly disparage competitors. Prepare solid evidence for any comparative claims.

Can I collect personal data for targeted advertising?

Yes, but you must comply with personal data protection laws. Obtain clear consent, explain the purpose and scope of data use, implement security measures, and provide consumer rights such as access and deletion where required. High-risk processing and cross-border transfers may trigger additional obligations.

What should I do if a competitor runs a deceptive ad about my product in Zhengzhou?

Document the ad, collect evidence and consult a lawyer. Remedies include filing a complaint with the Zhengzhou Market Supervision and Administration Bureau, sending a cease-and-desist letter, pursuing civil claims for unfair competition or defamation, and seeking injunctive relief to stop the misleading advertising.

Are there special rules for outdoor and public-space advertising in Zhengzhou?

Yes - outdoor advertising often needs permits from municipal or district authorities, and must comply with local planning, safety and cultural standards. Certain locations may be restricted, sizes and lighting controlled, and content subject to review by cultural or urban management departments.

How do e-commerce platform responsibilities affect advertising done on online marketplaces?

E-commerce platforms have obligations to supervise merchants on their platforms, remove illegal content, verify qualifications for regulated products and cooperate with regulators. If a merchant posts illegal ads, both the merchant and the platform can face administrative action depending on the circumstances and the platform’s response.

Can I use a foreign trademark, image or celebrity in ads shown in Zhengzhou?

You must secure intellectual property and publicity rights before using trademarks, copyrighted material, or a person’s image. Using a trademark or image without permission can trigger infringement claims, takedown actions and liability for damages. Clearance and written licenses are recommended.

What immediate steps should I take if Zhengzhou regulators notify me of a violation?

Respond promptly and cooperate with inquiries. Preserve all relevant evidence and marketing materials, consult a lawyer experienced in advertising law, and consider administrative remedies or settlement negotiations. Avoid destroying materials or making public statements without legal advice.

Additional Resources

For guidance and help in Zhengzhou, consider these types of organizations and administrative bodies - they can provide information, accept complaints and offer official procedures.

- Zhengzhou Market Supervision and Administration Bureau - local enforcement of advertising and consumer protection rules.

- Henan Provincial Market Supervision and Administration - provincial oversight and coordination on market regulation.

- State Administration for Market Regulation - national regulator responsible for advertising law enforcement and national policy.

- Zhengzhou Public Security Bureau - for online fraud, cyber-enabled criminal activity and related investigations.

- Zhengzhou Cultural and Urban Management Departments - for outdoor advertising permits and local planning rules.

- China Consumers Association and local consumer councils - for consumer complaints and mediation services.

- China Advertising Association and local industry groups - industry guidance, codes of practice and training.

- Legal aid centers, bar associations and private law firms - for professional legal advice and representation in advertising, e-commerce and IP matters.

Next Steps

If you need legal assistance with advertising or marketing in Zhengzhou, take these practical steps - they will help you prepare for an effective consultation and reduce regulatory risk.

- Gather documentation - collect copies of the advertisement, promotional materials, contracts with agencies or influencers, approvals and any consumer complaints or regulator notices.

- Identify the product category and jurisdiction - note whether the product is subject to special rules such as healthcare, food, tobacco or financial services, and where the advertisement was displayed - online, outdoor, broadcast or point-of-sale.

- Preserve evidence - keep screenshots, drafts, invoices and correspondence. Accurate records are critical for defending compliance or pursuing enforcement actions.

- Consult a specialist lawyer - choose counsel with experience in Chinese advertising law, e-commerce regulation, data protection and the local enforcement environment in Zhengzhou. Ask about their experience with regulators, administrative procedures and litigation.

- Consider immediate risk mitigation - if a regulator has raised concerns you may need to pause the ad, issue clarifications, correct claims or remove content pending legal advice.

- File complaints or seek remedies - a lawyer can help you file administrative responses, negotiate with regulators, pursue consumer mediation or initiate civil litigation for damages or injunctive relief.

Seek professional legal advice early - proactive compliance and properly documented marketing practices significantly reduce the risk of penalties and business disruption in Zhengzhou. A local lawyer can map national rules to the municipal enforcement landscape and guide you through approvals, disclosures and dispute resolution.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.