Fair Trade Commission Disposal Directions (Guidelines) on Cases of
Weight Loss and Body Care Activities

Passed by the 777th Commissioners' Meeting on September 28, 2006
Promulgated by Order (95) Kung San Tzu No. 0950008783 on October 12, 2006
Amended by the 807th Commissioners' Meeting on April 26, 2007
Promulgated by Order Kung San Tzu No. 0960003889 on May 9, 2007
Amended by the 1057th Commissioners' Meeting on February 8, 2012
Promulgated by Order Kung Jing Tzu No. 1011460181 on March 3, 2012
Amended by the 1217th Commissioners' Meeting on March 4, 2015
Promulgated by Order Kung Jing Tzu No. 1041460186 on March 12, 2015
Amended by the 1304th Commissioners' Meeting on November 2, 2016
Promulgated by Order Kung Jing Tzu No. 10514613221 on November 14, 2016

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  1. (Purpose)
    These guidelines ("Guidelines") are enacted by the Fair Trade Commission (hereinafter called the "FTC") to maintain trading order, protect consumer's rights and interests, and efficiently handle cases involving weight loss and body care.
  2. (Definition)
    The term "weight loss and body care" set forth in these Guidelines shall refer to a non-medical treatment with comprehensive instructions and measures carried out by hand, machine, tools, materials, cosmetics and food to maintain or improve physical or visual beauty.
  3. (Coordination with Other Agencies)
    Complaints involving weight loss and body care shall be initially received by the Ministry of Health and Wealth (hereinafter called "MOHW"). MOHW shall directly handle these complaints subject to health regulations and laws. With regards to complaints not involving treatment effectiveness, MOHW shall provide professional authentication opinions regarding whether the complaints involve exaggerated, untrue or misleading representations prior to transferring such cases to the FTC to handle in accordance with the Fair Trade Law.
  4. (Types of False, Untrue or Misleading Representations or Symbols) 
    No enterprise shall have any of the following acts with respect to its advertisements concerning weight loss and body care activities:

    (1)using any exaggerated or misleading word to claim the effect of a product or service without any medical or clinical basis: uproot fat, eliminate fat, dissolve fate, sculpt fat, burn fat, shatter fat, break down accumulated fat, avoid fat accumulation, facilitate dissolution of fat, enhance metabolism of fat, soften fat, suppress fat absorption, facilitate dissolution or contraction of fat cells, facilitate lymph metabolism, lymph circulation, remove toxicant, or shatter toxicant remaining in the body.
    (2)claiming any of the following effects when no medical equipment, tools, material, clothing or handcraft subject to the Pharmaceutical Affairs Law is employed and without any medical or clinical basis:

    A. no intense exercise is required to lose weight or reduce the size of waist, belly, thigh, and leg within short period of time
    B. it is able to stimulate breast growth or prevent, improve or eliminate shrinking, sagging or drooping breasts.
    C. it is able to increase height within short period of time

    (3)employing real person advertisement to describe the effect without clearly explaining the program and products taken to achieve such effect, time required for general consumer, percentage of success or failure, and relevant scientific bases
    (4) No anticipated effects will be achieved during the claimed period of time in the advertisement.

  5. (Other Deceptive or Obviously Unfair Actions)
    An weight- loss-and-body-care enterprise shall not have any of the following acts concerning its marketing measures :

(1)employing promotions in the advertisement such as preferential or low prices or complimentary products to attract the consumer but considerably increasing other costs afterwards, causing differences in the expenses originally recognized or anticipated by the consumer
(2)failing to expressly inform the scope of trial to the consumer accepting free trials according to the advertisement and trading with such a consumer before completing the trial as well as using the opportunity to collect fees
(3)promoting for any activity that will increase the expenses during the provision of weight loss and body care services, or collecting extra charges than originally agreed; forcing or bothering the consumer to accept promotions that will increase the expenses when the consumer is embarrassed or in the middle of the weight loss and body care services; or promoting other programs of the same nature prior to the completion of the original program

  1. (Penalty)
    Liability in case of violation of the Fair Trade Law:

(1)an enterprise, which meets the descriptions set forth in Article 4, is in violation of Article 21 of the Fair Trade Law.
(2)an enterprise, which meets the descriptions set forth in Article 5 and is able to affect trading order, is in violation of Article 25 of the Fair Trade Law.

  1. (Supplementary Provisions)
    Except for the principles mentioned above, advertisements concerning weight loss and body care activities are still subject to the Article 21 of the Fair Trade Law and related guidelines.