"Try It If You Have an Incurable Disease"... YouTuber Acquitted in First Trial for Promoting 'Heo Kyungyoung Milk'

Promoted Bullouyu Six Times on YouTube
"Does Not Constitute a Violation of the Food Labeling and Advertising Act"

Court image stock photo.

The court has ruled that promoting "Bullouyu," also known as "Heo Kyungyoung Milk," as if it has efficacy in treating incurable diseases or cancer does not constitute a violation of the Food Labeling and Advertising Act.

According to the legal community on November 20, Kwon Soonbeom, the sole criminal judge of the Namyangju Branch of Uijeongbu District Court, acquitted Defendant A (67), who was indicted on charges of violating the Food Labeling and Advertising Act, on November 18.

From October 2022 to March 2023, A was indicted without detention for allegedly promoting Bullouyu as if it were effective in preventing and treating diseases through a total of six instances on his YouTube channel, with statements such as "Try the Heo Kyungyoung Milk experiment" and "Incurable disease and cancer patients, please try it." Bullouyu refers to milk sold on the market that has a sticker of Heo Kyungyoung, the Honorary Representative of the National Revolutionary Party, or is labeled as a spiritual product from the religious facility "Sky Palace."

The prosecution judged that A had violated the Food Labeling and Advertising Act and indicted him without detention. Previously, A had been summarily indicted and fined 10 million won, but he opposed the summary order and requested a formal trial.

The court stated, "Based solely on the submitted evidence, it is difficult to conclude that the defendant's promotion of Bullouyu constitutes labeling or advertising it as effective in preventing or treating diseases." According to the court, A's promotional activity on YouTube was not directed at consumers but rather recommended a method that could potentially harm viewers' health, and therefore it does not fall under the scope of the Food Labeling and Advertising Act. The legislative purpose of this law is to prohibit unfair labeling or advertising by food manufacturers or sellers to ensure consumers' right to know and to establish sound business practices. The court noted that A is neither a manufacturer nor a seller.

The prosecution stated that it would analyze the written judgment and decide next week whether to appeal.