식품위생법위반
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
The summary of the facts charged is that no person may indicate or advertise that foods, etc. have efficacy or efficacy in the prevention and treatment of diseases, or that such foods, etc. may mislead or confuse them as medicine or health functional foods, the defendant, while operating the Health Institute at Pyeongtaek-si B from October 22, 2015 to December 11, 201 of the same year, he/she has efficacy in treating urine of "D" and preventing high blood pressure, etc.
Advertisement was made.
As a result, Defendant made an exaggerated advertisement as if the general food had efficacy to prevent and treat diseases such as urology, high blood pressure, etc., which are specific diseases.
Article 13 (1) of the Food Sanitation Act on the market shall not apply to the name, manufacturing method, quality and nutrition labelling, genetic materials association food, etc., and the indication of tracking and management of food history falling under any of the following subparagraphs, and shall not apply to the indication of the name, manufacturing method, quality and nutrition labelling, genetic materials association food, etc., and the indication of tracking and management of food history:
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 above provision prohibits all labeling and advertising about the pharmacological efficacy of food in interpreting the meaning of the above provision.
It cannot be seen, and even if it is an indication or advertisement of such contents, it shall be deemed that it is permitted if it is the same as an indication or advertisement that it is an effect incidental to food or appearing as a result of nutrition within the essential limit of the efficacy that it is a food. Accordingly, the above statutory provision is ultimately to treat and prevent a certain disease in relation to food, etc.