No one shall indicate or advertise that the name, manufacturing method, quality and nutrition labelling, genetic materials, cooperatives, foods, etc., and food history tracking and management with respect to the indication of the name, manufacturing method, quality and nutrition labelling, food, etc. of foods, etc., have efficacy or effect in preventing and treating diseases, or that such indication or advertisement may lead to mistake or confusion as medicine or health functional foods

Nevertheless,

1. On the Internet on September 30, 2015, Defendant A, while advertising the first call letter called E and F on September 30, 2015, had both the two second call letters representing grance, thereby having good health, such as aviation cancer, immunity improvement, and prevention of skinization.

'The content of the advertisement is as if it had the effect of preventing and effective diseases.

2. The Defendant Company, as a corporate body, had Defendant A commit the above-violation despite its duty of management supervision.

Judgment

1. Article 13(1) of the Food Sanitation Act of the Standards for Determination of Violations of the Food Sanitation Act provides that no person shall use any of the following false, exaggerated or secret labels or advertisements with respect to the name of food, etc., manufacturing method, quality or nutrition labelling, genetic materials, associations of food, etc., and the indication of tracking and control of food history, and shall use no exaggerated packaging for packages:

The same shall also apply to the nutritional value of foods or additives, raw materials, ingredients, and uses.

Article 2(1)1 of the Act provides that "an indication or advertisement that has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as pharmaceutical products or health functional foods," shall constitute such an act.

In doing so, the meaning of the above statutory provisions shall be interpreted.