[Background]

As the Act on Labeling and Advertising of Foods has been amended (Act No. 21707, promulgated on May 26, 2026; to be enforced on November 27, 2026) to explicitly define—as unfair advertising practices—advertisements utilizing virtual audio, images, or videos generated using artificial intelligence systems that are difficult to distinguish from reality, which may mislead people into believing that experts in related fields such as doctors, pharmacists, or university professors guarantee, designate, officially recognize, recommend, guide, or use foods, etc., this amendment aims to prescribe matters delegated by the Act and matters necessary for its enforcement, such as establishing criteria for administrative dispositions for such violations. Furthermore, it seeks to promote equity in law enforcement by reinforcing the administrative disposition criteria for identical violations committed by actual humans to the same level.

Additionally, it intends to expand the scope of foods subject to allergen labeling as a mandatory labeling requirement for consumer safety, and to improve and supplement some deficiencies that have emerged during the operation of the current system.

[Main Points]

A. Expansion of the Scope of Allergen Labeling Targets (Draft Attached Table 2)

'Sesame', 'perilla seeds', 'almonds', and 'cashew nuts' are added to the list of mandatory allergen labeling targets, comprehensively considering allergy prevalence rates, severity, and harmonization with international standards.

B. Improvement of Administrative Dispositions for Unfair Labeling or Advertising Practices of Foods, etc. (Draft Attached Table 7)

Clarifies the disposition criteria for advertisements utilizing terms such as "Oriental medicine (Hanbang)", "special manufacturing method", "flood of orders", "group recommendation", or similar expressions.

Reinforces the disposition criteria in cases where a doctor, dentist, oriental medical doctor, veterinarian, pharmacist, oriental pharmacist, university professor, or any other person labels or advertises that they guarantee the functionality of a product, or that they designate, officially recognize, recommend, guide, or use the product (excluding labeling or advertising that merely indicates the fact that a doctor, etc., directly participated in the research and development of the corresponding product).

Establishes new disposition criteria for advertisements utilizing virtual audio, images, or videos generated using an artificial intelligence system pursuant to Article 2, Subparagraph 2 of the "Framework Act on the Development of Artificial Intelligence and the Establishment of a Trust Foundation" that are difficult to distinguish from reality, which may mislead people into believing that a doctor, dentist, oriental medical doctor, veterinarian, pharmacist, oriental pharmacist, university professor, or other expert in a related field guarantees, designates, officially recognizes, recommends, guides, or uses foods, etc.