No one shall place any indication or advertisement with a content that has the efficacy or effect in preventing or treating diseases, or that is likely to mislead or confuse foods as medicine or health functional foods.

Nevertheless, from May 2015 to May 9, 2016, the Defendant sold dogs manufactured and processed through the Internet homepage (D) of the above C, and on the Internet homepage, the Defendant advertised that “I will dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump dump, and have the efficacy of prevention of dementia also dump dump dump dump.”

As a result, the Defendant advertised that food has efficacy in preventing and treating diseases.

2. Determination

A. Article 13(1) of the Food Sanitation Act provides that "no person shall make any false, exaggerated, or secret labelling or advertisement falling under the following subparagraphs with respect to the name, manufacturing method, quality and nutrition labelling of food, etc., genetic modified food, etc., and the indication of food traceability, and no person shall make any exaggerated packaging with respect to packages. The same shall apply to nutrition prices, raw materials, ingredients, and uses of food or food additives." In addition, Article 13(1)1 of the same Act provides that "an indication or advertisement that is likely to have efficacy or effect in the prevention and treatment of diseases, or to mislead or confuse them as medicine or health functional foods."

However, in interpreting the meaning of the above statutory provision, the above provision is a food.