The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

1. The Defendant is a person who runs a telecommunications sales business under the trade name of “C” in Daegu-gu, Seo-gu.

No one shall indicate or advertise food that has efficacy or effect in preventing and treating diseases, or that such food is likely to mislead or confuse as medicine or health functional foods.

Nevertheless, from May 27, 2016 to June 2, 2016, the Defendant posted an Internet shopping mall (D) product “niti: Ed/Lro/Spl” for the purpose of selling “niti” products, and advertised the content of “non-art” to prevent ed/ELro/Sro/sporo/spli storage, and to ensure the clear blood and production of red blood cells. Marribage: marith: Recovery of math, the prevention of neutism and mathy infection, and the promotion of immunity.” The Defendant advertised the total sales of approximately 1,260,000 won with the effect and effect in preventing and treating diseases.

2. Determination

A. Article 13(1) of the Food Sanitation Act provides, “No person shall display or advertise any of the following false, exaggerated, or secret labels with respect to the name, manufacturing method, quality, nutrition labelling, genetically modified foods, etc. of foods, etc., and the indication of food traceability, and no person shall do so with respect to packages. The same shall apply to nutrition, raw materials, ingredients, and uses of foods or food additives.” Article 13(1) of the same Act provides, “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 provision, it cannot be deemed that the above provision prohibits all labeling and advertising about the pharmacological efficacy of food, and even if such labeling and advertising is an indication and advertising, it is the essential limitation of the efficacy of food.