No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling of foods, etc. or food additives have efficacy and effect in the prevention and treatment of diseases with respect to the nutritional value of foods or additives, raw materials, ingredients, and uses thereof.

Nevertheless, on July 3, 2017, the Defendant advertised 'E' on his Internet site (D) operated by himself, and caused 'E' to prevent the outbreak of infection, the prevention of the outbreak of infection, the mitigation of infection, the mitigation of infection, and the prevention of the outbreak of infection, and the urology, while advertising 'E' on the Internet site (D) operated by himself.

The contents of "health learning" were posted to advertise that there is efficacy and effect in preventing and treating diseases.

Judgment

Article 13 (1) of the Food Sanitation Act provides that "No person shall use any false, exaggerated or secret labelling or advertisement with respect to the name, manufacturing method, quality or nutrition labelling, genetically modified foods, etc. of food, etc., and the indication of tracking and control of food history, and no person shall use an exaggerated package for packaging:

The same shall also apply to the nutritional value, raw materials, ingredients, and uses of food or additives, and Article 1 (1) 1 of the same Act provides that "an indication or advertisement that has efficacy or effect in the prevention and treatment of diseases, or that is likely to mislead or confuse as medicine or health functional foods."

In doing so, the above provision prohibits all labeling and advertising about the pharmacological efficacy of food in interpreting the meaning of the above provision.

It can not be seen, and even if it is an indication or advertisement of such contents, it is allowed if it is the same as an indication or advertisement that it is incidental to food or appears as a result of nutrition within the essential limit of efficacy as a food.