The defendant shall be innocent.

1. The summary of the facts charged is a person who operates a food manufacturing and processing company under the trade name of “D” in the Jeonju-gun of North Korea.

No one shall indicate or advertise that the food, etc. has efficacy or effect in preventing and treating diseases with regard to the name, manufacturing method, quality and nutrition labelling, etc. of food, etc.

Nevertheless, from December 2013 to May 21, 2014, the Defendant placed an advertisement stating that “the effect of preventing adult diseases, such as urology and high blood pressure, is effective in preventing such diseases,” on the said food, when selling the food produced by the said company, which is a food produced by the said company.”

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 foods, etc., genetic recooperative foods, etc., and the indication of food traceability, and no person shall make any exaggerated packaging with respect to packages. The same shall apply to nutritional values, raw materials, ingredients, and uses of foods or food additives." Meanwhile, "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."

B. Meanwhile, it cannot be deemed that the foregoing provision prohibits all labeling and advertising about the pharmacological efficacy of food, and even if such labeling or advertising is an indication or advertising, it shall be deemed permitted if it is the same as labeling or advertising that it is incidental to food or appears as a result of nutrition within the inherent limit of the efficacy of food. Therefore, the above provision is ultimately intended directly and mainly for the treatment, prevention, etc. of a specific disease as to food, etc.