The defendant shall be innocent.

1. The Defendant is C representative of the facts charged.

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, from December 12, 2016 to April 18, 2017, the Defendant sold “uous sugar” products at the Internet Csite (C) sites, i.e., e., Tyuri food, and made a false and exaggerated advertisement by inserting in the product description the phrase “original opportunity clothes, improvement of emotional ability, high calcium, effect, prevention of adult diseases, etc.”

2. Determination

(a) Article 13(1) of the Food Sanitation Act provides that no person shall use any false, exaggerated, or negative labelling or advertising 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 no person shall use any 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 “Any indication or advertisement that may cause mistake or confusion as to whether a person has efficacy or effect in the prevention and treatment of a disease, or as to pharmaceutical products or health functional foods,” shall constitute such an act.

In doing so, in interpreting the meaning of the above provision, the above provision prohibits all labeling advertisements as to the pharmacological efficacy of food.

It cannot be seen, and even if such content is indicated advertisement, it shall be deemed permitted in the same case as advertising that it is an effect incidental to food or appearing as a result of taking nutrition within the essential limit of the efficacy of food, which is the efficacy of the food. Accordingly, the above provision of the Act and subordinate statutes is ultimately to prevent the treatment of a specific disease against food, etc.