MFDS: "It Is True That Food Labeling and Advertising Act Was Violated"
Hong Hyegul: "The Association and Gangnam District Office Said There Was No Problem"
The Ministry of Food and Drug Safety (MFDS) has determined that some advertisements for products sold on 'Esther Mall,' an online health functional food shopping mall operated by family medicine specialist and broadcaster Yeoh Esther, violated regulations. Yeoh's husband, Hong Hye-gul, protested, saying, "It is excessive to completely silence claims about the efficacy of health functional foods."
Regarding the MFDS's judgment, Hong wrote on his Facebook, "The issue was that a banner at the bottom of the product linked to a magazine corner explaining what glutathione is, which was interpreted as causing consumers to mistake general foods for health functional foods or medicines." He added, "The consistent interpretation from the Health Functional Food Association and Gangnam District Office was that advertising separated from product information is not problematic, and the Supreme Court has previously acquitted another company in a similar lawsuit. I question whether it is appropriate to suddenly issue a different authoritative interpretation."
He further argued, "While exaggerating the efficacy of foods or health functional foods is wrong, completely silencing such claims is excessive regulation and infringes on consumers' right to know."
The MFDS stated the previous day, "After investigating unfair advertising related to Esther Mall, it was found that the site sold general foods while advertising in a way that could mislead consumers into believing the products have disease prevention or treatment effects." They added, "This violates Article 8 of the Food Labeling and Advertising Act, which prohibits unfair labeling or advertising acts." The MFDS also said it instructed the relevant local government office, the Gangnam District Office in Seoul, to take necessary administrative actions.
According to the law, if a food product is found to have labeling or advertising that could cause consumers to perceive it as having disease prevention or treatment effects, the first violation may result in a two-month business suspension, and the second violation may lead to cancellation of business permits or registration, or closure of the business.
In response, Yeoh posted a statement on the Esther Mall website saying, "There is currently no confirmed specific violation or administrative action from the competent authority," and expressed, "We apologize for causing concern to our customers."
Earlier, a former MFDS official, identified as A, filed a police complaint against Yeoh, accusing her of making false and exaggerated advertisements claiming disease prevention and treatment benefits based on unverified information. A stated that Yeoh "is deceiving consumers by using her status as a doctor" and that the complaint was made "for the public interest."
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