Defendants are innocent.

1. Defendant A is a general director of the business support division in charge of operating support by the LAB, and Defendant B is a corporation with the purpose of manufacturing and selling health foods and functional health foods in Chuncheon City.

A. No business operator who sells Defendant A’s health functional foods shall deceive consumers, or place any indication or advertisement that is likely to mislead consumers.

Nevertheless, from January 4, 2013 to February 1, 2017, the Defendant produced “H” products for improving male pre-sale skills (hereinafter “instant food”) by consignment from the LAB to sell them in multiple Internet shopping malls including 11 times, etc., and did not obtain a certification mark, which is the Excellent Health Functional Manufacturing Standard (GMP) from the LAB, but made false indications or advertisements (hereinafter “instant advertisement”) as if they were certified by the LAB.

B. Defendant B Co., Ltd. violated the Health Functional Foods Act by making false indications and advertisements while selling “H”, which is a health functional food, at the above date and place.

2. Determination

A. Article 18(1)2 of the Health Functional Foods Act prohibits “an advertisement with false or exaggerated indication concerning the name, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of history of health functional foods”, and Article 22 of the Enforcement Rule of the same Act and Article 5 subparag. 2 of the same Act delegated by the above provision.

Paragraph (1) prohibits the name of the relevant functional health foods, raw materials, manufacturing methods, dietitians, ingredients, intake methods, quality and quality of functional health foods, and other indication advertisement with contents different from tracking and managing history of functional health foods.

B. In the instant advertisement, although the sales salesperson of the instant food was indicated as “B Business Division of the Health Functional Foods Co., Ltd. / Chungcheongbuk-do J.,” the sales salesperson did not obtain the GMP certification, and the manufacturer of the instant food.