Misleading Representation of Quality for Imported Food — Advertising and Labeling Restrictions under Japan's Premiums and Representations Act
Interlink編集部What Is a Misleading Representation of Excellence
A misleading representation of excellence refers to a statement or depiction that causes general consumers to mistakenly believe that a product or service's quality, standards, or content is significantly better than it actually is. It is a type of false advertising prohibited under the Act against Unjustifiable Premiums and Misleading Representations.
In the food sector, misleading representations often arise from claims emphasizing ingredients, origin, manufacturing methods, quality, functionality, safety, or health benefits. The scope of scrutiny includes not only packaging but also sales pages, advertisements, social media, flyers, in-store POP, ranking displays, and text within images.
When dealing with misleading representations of excellence, it is important not to judge based solely on isolated text excerpts but to consider the overall impression that general consumers receive from the entire presentation. Even if the business operator did not intend to mislead, if there is a significant discrepancy between the actual product content or supporting evidence and the impression created by the display, it may become problematic.
Scope Covered in This Article
Misleading representations of excellence relate to several laws and regulations including the Act against Unjustifiable Premiums and Misleading Representations, the Food Labeling Act, the Health Promotion Act, the Pharmaceutical and Medical Device Act, regulations on functional food labeling, specified health foods, imported food advertisements, and e-commerce labeling. This article focuses mainly on misleading representations commonly seen in food and imported food sales advertisements, while detailed discussion on misleading representations regarding price displays and drug classification are covered in related articles.
| Item | Content Covered in This Article | Content Covered in Other Articles in More Detail |
|---|---|---|
| Basics of Misleading Representations of Excellence | Organizes representations that make quality, standards, content, ingredients, origin, manufacturing methods, etc., appear significantly better than they are. | The overall system structure of the Act against Unjustifiable Premiums and Misleading Representations is addressed in the “Act against Unjustifiable Premiums and Misleading Representations” article. |
| Issues in Food Advertising | Handles expressions related to health effects, functionality, safety, additive-free claims, natural claims, top quality, doctor recommendations, etc. | Details on health foods, functional food labeling, and specified health foods are covered in their respective regulatory articles. |
| Unsubstantiated Advertisement Regulations | Organizes situations in which reasonable supporting materials are required regarding effect and performance claims. | Procedures, submission materials, and operational guidelines related to unsubstantiated advertisement regulations are covered in the “Unsubstantiated Advertisement Regulations” article. |
| Difference from Misleading Representations of Advantage | Compares misconceptions related to quality/content with those concerning price or transaction conditions. | Details on discount rates, dual pricing, limited period offers, quantity limits, etc., are addressed in the “Misleading Representations of Advantage” article. |
| Imported Food Practicalities | Addresses checks when using overseas manufacturers’ advertising materials and packaging expressions for the Japanese market. | Individual confirmation of import food notifications, the Food Sanitation Act, and food labeling standards are covered in related articles. |
| Involvement of Freight Forwarders and Customs Brokers | Focuses on raising awareness of deficiencies in display materials and delivery impacts, rather than judging legality of advertising expressions. | Customs declarations, confirmation of other laws, and practical work on import permits are handled in articles on customs and other import-related laws. |
Purpose and Background of the System
The purpose of regulating misleading representations of excellence under the Act against Unjustifiable Premiums and Misleading Representations is to protect an environment where general consumers can make correct choices regarding products and services. Advertisements and displays provide important information that influences consumers’ purchase decisions. If this information appears significantly better than reality, consumers may choose products they would not have otherwise selected.
In the food sector, factors such as quality, ingredients, origin, manufacturing methods, safety, health benefits, and functionality strongly influence purchasing decisions. Particularly in health foods, supplements, natural foods, premium foods, and imported foods, even slightly exaggerated expressions may give consumers an impression of higher quality or efficacy than actually exists.
Misleading representations of excellence are not limited to outright false claims. Even if some elements of the display are factual, if the overall impression created by the display is significantly better than the actual product, it may be problematic. Therefore, business operators need to review the entire advertisement including text, images, comparison tables, rankings, testimonials, expert comments, and social media posts.
Situations Where the System Applies
Misleading representations of excellence may be a problem in nearly all sales displays that emphasize the quality or content of food. Confirmation applies not only to container and packaging displays but also to e-commerce sites, social media advertisements, videos, brochures, sales materials, in-store POP, and campaign pages.
| Scenario | Common Problematic Claims | Key Points for Verification | Practical Considerations |
|---|---|---|---|
| When selling health foods | Claims strongly emphasizing health maintenance, constitution improvement, immunity, intestinal environment, and fatigue recovery | Basis of claims, ingredients, test data, relationship with the Pharmaceuticals and Medical Devices Act and the Health Promotion Act | Check whether the expressions are recognized as food-related and do not appear to suggest pharmaceutical-type efficacy. |
| When selling natural foods | Completely additive-free, only natural ingredients, safe and secure, no chemical substances, etc. | Raw materials, additives, manufacturing process, basis of claims | Avoid overly strong expressions if additives or similar substances are involved in any part of the process or raw materials. |
| When selling premium foods | Highest quality, rare, sole domestic producer, world top class, emphasis on awards | Quality standards, comparison targets, award records, origin certification | Even subjective expressions require evidence if they strongly suggest objectively superior quality. |
| When emphasizing origin or production method | Authentic origin, traditional manufacturing, handmade, use of domestic raw materials, organic impression | Origin certification, manufacturing process, raw material ratios, presence of certification | Ensure that features of partial raw materials are not presented as characteristics of the whole product. |
| When using comparative claims | Superior to other companies' products, industry top level, Japan's first, major improvement from conventional products | Comparison targets, comparison conditions, survey methods, survey timing | If comparison conditions are unclear, there is potential to give an impression that is more favorable than reality. |
| When using overseas advertising for imported foods | Packaging of overseas manufacturers, product descriptions, efficacy claims, translated reviews | Permissibility under Japanese law, supporting documents, consumer impression | Advertising expressions permissible overseas may not be directly usable as-is in Japan. |
Applicable Requirements and Common Exemptions
Whether a claim constitutes a misleading representation of excellence is judged not only based on the wording but also considering the target of the claim, the media used, the impression it creates for general consumers, the actual product contents, and the relation to supporting documents. Even if it appears to be a mere abstract image expression, caution is needed if it gives an impression of specific quality or effect.
| Category | Concepts Likely Requiring Verification for Misleading Claims of Excellence | Concepts Often Exempt or Subject to Separate Verification | Documents / Information to Confirm |
|---|---|---|---|
| Claim Target | Claims showing quality, contents, specifications, or effects about products or services supplied by oneself | Internal documents or technical materials not intended for consumers | Media used, sales target, advertising distribution channels, product pages |
| Quality / Content Claims | Claims highlighting highest quality, natural, additive-free, origin, manufacturing method, ingredient amounts, compliance with standards | General image expressions that do not lead to specific quality judgment | Specifications, origin certificates, ingredient lists, manufacturing process documents |
| Effectiveness / Performance Claims | Claims indicating health effects, functionality, improvement, prevention, proven effects, doctor recommendations | Claims made appropriately within notified or approved scopes under applicable systems | Test data, notification documents, authorized claims, expert supervised materials |
| Comparative Claims | Claims such as superior to other products, Japan's first, sole domestic, industry top level, ranked #1 | Claims with clear comparison conditions, scope, and survey methods backed by evidence | Comparison targets, survey methods, survey periods, survey organizations, original data |
| Testimonials / Reviews | Displaying personal experiences that imply general effects | Clearly indicating these are individual opinions and do not guarantee effects | Posting standards, review collection methods, disclaimers, overall presentation |
| Use of Overseas Advertising | Direct translation of overseas efficacy, quality, or certification claims | Expressions modified after verification under Japanese law for the Japanese market | Original overseas materials, Japanese translations, supporting documents, revision history for Japan |
Comparison between Misleading Representations of Excellence and Other Systems
Misleading representation of excellence involves claims that lead consumers to mistakenly believe that the quality, standards, or contents of goods or services are significantly better than they actually are. In contrast, advantageous misrepresentation, the Food Labeling Act, the Health Promotion Act, and the Pharmaceuticals and Medical Devices Act each have different perspectives for verification. In food advertising, these often overlap, so it is important to separately organize the purposes of each system.
| System / Type of Indication | Main Targets | Difference from Misleading Indications of Superior Quality | Points to Note in Food Advertising |
|---|---|---|---|
| Misleading Indications of Superior Quality | Quality, standards, contents, ingredients, place of origin, manufacturing method, effects, performance | Indications that cause consumers to mistakenly believe the product content is significantly superior to reality. | Common issues relate to health foods, additive-free, natural, highest quality, and place of origin claims. |
| Misleading Indications of Advantageous Conditions | Price, discount rate, transaction terms, campaign conditions, quantity limits, time limits | Indications misleading consumers about transaction conditions, rather than product content, making them appear more advantageous than actual. | Problems often arise regarding regular prices, dual pricing, first-time offers, and subscription terms. |
| Food Labeling Act | Ingredient names, additives, allergens, nutritional contents, origin of raw materials, etc. | A system that establishes mandatory labeling and methods for food products. | Even if food labeling is correct, advertising expressions may still constitute misleading indications of superior quality. |
| Health Promotion Act | False or exaggerated claims about health maintenance and enhancement effects as food | A system primarily focused on regulating exaggerated health effect claims. | Often overlaps with health food and supplement efficacy claims. |
| Pharmaceutical and Medical Device Act | Pharmaceutical-like effects and efficacy, disease prevention/treatment, effects on body structure/functions | Regulates indications making foods appear pharmaceutical. | Special caution is required for expressions like "cure," "prevent," and "improve." |
| Foods with Functional Claims / Specified Health Use Foods | Functionality and health use claims based on the system | A framework allowing displayed claims within approved limits. | Expressions beyond notified or approved scopes may constitute misleading indications or violate other laws. |
Expressions That Often Cause Problems in Food Advertising
When food advertising uses expressions such as "highest quality," "completely additive-free," "only natural ingredients," "recommended by doctors," "proven effects," "industry leading standards," or "the only one domestically," it is necessary to verify the basis for these claims. Although these may appear as mere promotional phrases, they can give consumers the impression of specific quality, efficacy, or superiority.
Moreover, expressions strongly promoting health effects—such as "become healthy just by drinking," "short-term physical improvement," "disease prevention," or "improving internal environment"—may not only be seen as misleading indications of superior quality under the Act against Unfair Competition and Indications but also risk violations relating to false or exaggerated health claims under the Health Promotion Act or pharmaceutical-like efficacy under the Pharmaceutical and Medical Device Act.
Expressions that create a better impression than actual facts regarding origin, raw materials, manufacturing method, nutritional ingredients, functionality, or comparative indications may also fall under misleading indications of superior quality. When creating advertisements, it is important to comprehensively check the strength of the expressions, supporting materials, and consumer impressions.
Relation to Regulation on Unsubstantiated Advertisements
In misleading indications of superior quality cases, having reasonable supporting evidence backing the claims is essential. The Act against Unfair Competition and Indications may require businesses to submit materials demonstrating reasonable grounds for claims about product or service effects and performance to the Consumer Affairs Agency.
This framework is known as regulation on unsubstantiated advertisements. If a business cannot submit the requested materials, or if the submitted materials are not recognized as reasonable evidence backing the claims, then under orders for measures, the indication could be considered an unfair indication.
Examples of verification materials include analytical certificates, test results, specification sheets, manufacturing process documents, origin certificates, evaluations by third-party organizations, and sales records. However, simply having such documents is not sufficient if the scope of the materials does not align with the advertisement content. For instance, if claiming "proven effects," the referred effects, target subjects, intake conditions, duration, and testing methods must correspond to the advertisement expressions.
Relation to Comparative Indications
When using comparative indications such as "superior to other companies’ products," "industry-leading standards," "Japan’s first," "domestically unique," or "significantly improved from conventional products," it is necessary to clarify the comparison targets, conditions, survey methods, and supporting materials.
If the comparison basis is unclear or advertisements express special superiority despite presence of equal-level products, the indication may be subject to misleading indications of superior quality rules. For comparative indications, documentation showing what is being compared, as of when, and the market scope of comparison must be available.
In the food sector, comparative indications often involve amounts of ingredients, nutritional content, manufacturing methods, origin, quality ranking, awards, sales records, or rankings. When using these in advertisements, verify that the comparison target and scope of supporting materials match the advertisement expressions.
System Application Flow
To verify misleading indications of superior quality, it is important not just to read the advertisement text but to sequentially check the actual product content, supporting materials, media used, and consumer impressions. This verification is especially necessary when importing foods, as foreign manufacturer advertising materials are modified for the Japanese market.
| Step | Points to Check | Judgment Criteria | Next Actions |
|---|---|---|---|
| 1. Confirm Display Media | Containers and packaging, e-commerce pages, advertisements, social media, flyers, in-store POP, videos | All consumer-visible displays should be widely checked. | Create a list of advertising materials to prevent omissions. |
| 2. Separate Promotional Claims | Quality, ingredients, origin, manufacturing method, health effects, functionality, comparative claims | Organize which claims indicate which product features. | Link supporting evidence to each promotional claim. |
| 3. Check Supporting Evidence | Ingredient lists, test results, specifications, origin certificates, manufacturing processes, research materials | Verify that the evidence reasonably supports the displayed claims. | Remove or soften expressions with weak support. |
| 4. Check Consumer Impression | Whether overall display gives an impression more favorable than reality | Review wording, images, graphs, reviews, and expert comments comprehensively. | Correct any excessive expressions, definitive statements, or misleading images. |
| 5. Cross-check with Other Laws and Regulations | Food Labeling Act, Health Promotion Act, Pharmaceutical and Medical Device Act, Functional Food Notification System | Confirm not only false or misleading representations but also violations of other regulatory frameworks. | Consult with display supervisors and experts as needed. |
| 6. Post-Sale Management | Changes to displays, updates to supporting evidence, expiration dates of rankings or comparative info | Even after ad publication, check if supporting evidence remains valid. | Periodically review displays and related materials. |
Common Misunderstandings
With false or misleading advertising claims, common misunderstandings include "It's fine because it states facts," "Expressions from overseas manufacturers can be used as is," and "Adding a small note is sufficient." In actual logistics practice, it is necessary to confirm the relationship between the overall consumer impression from advertising and the supporting evidence.
| Common Misunderstanding | Actual Perspective | Practical Notes |
|---|---|---|
| If facts are stated, it cannot be false or misleading | Even if part is factual, the overall display may be considered problematic if it gives an impression of being significantly better than reality. | Check not only the wording but also images, layout, emphasis, and notes. |
| Translating overseas ads means they can be used in Japan as is | Even expressions permitted overseas may be problematic under Japan's Act against Unjustifiable Premiums and Misleading Representations, Health Promotion Act, or Pharmaceutical and Medical Device Act. | Redesign advertisements specifically for the Japanese market. |
| One piece of supporting evidence is sufficient | Evidence must appropriately correspond to the claimed content. | Confirm alignment of test conditions, target products, ingredient amounts, and scope of displayed claims. |
| Testimonials are exempt from advertising regulations | Even testimonials or reviews can become problematic if they generalize product effects. | Check the overall impression even if personal differences or exceptions are noted. |
| Adding a note allows use of strong claims | Small notes may not negate the strong impression from main text or images. | Do not rely on footnotes; appropriately adjust the main display. |
| If it's about quality, the Pharmaceutical and Medical Device Act does not apply | If health effects or bodily function impacts are indicated, the Pharmaceutical and Medical Device Act and Health Promotion Act may also be relevant. | Multiple laws should be checked concurrently for food advertising. |
Cases Commonly Problematic in Practice
In false or misleading advertising within the food sector, problems often arise when expressions that strongly promote product benefits exceed the scope of supporting evidence. For imported foods, expressions may give Japanese consumers an exaggerated impression when overseas manufacturer ads or packaging are localized into Japanese.
| Case | Common Issues | Documents to Check | Practical Notes |
|---|---|---|---|
| When emphasizing effects in health foods | Strong impression of health improvement, constitution improvement, prevention, or recovery | Test data, ingredient info, notification documents, ad drafts | Check not only the Act against Unjustifiable Premiums and Misleading Representations, but also the Pharmaceutical and Medical Device Act and Health Promotion Act. |
| When emphasizing 'additive-free' or 'natural' | Appears safer or higher quality than it actually is | Raw material lists, additive info, manufacturing process charts, specifications | Check if any exceptions exist for ingredients or processes. |
| When emphasizing origin or manufacturing method | Gives impression that some ingredient characteristics apply to the whole product | Origin certificates, composition ratios, manufacturing process documents, certifications | Clearly specify which ingredients or processes the claims refer to. |
| When displaying doctor recommendations or expert endorsements | Gives impression of professional backing | Information about endorsers, scope of recommendation, contractual relations, investigation methods | Check basis, scope, and conflicts of interest for recommendations. |
| When using rankings or awards | Gives impression of being superior in the entire market | Research organizations, survey targets, survey periods, award criteria | Clarify the scope and timing of rankings. |
| When reusing overseas advertising materials | Expressions common overseas may become excessive claims in Japan | Original overseas materials, Japanese translations, supporting evidence, Japan-specific revisions | Confirm as Japan-specific ads rather than simple translations. |
4-Column Judgment Checklist
When verifying misleading representations, it is important not to check only at the final stage of advertisement creation, but to conduct checks at each stage including product selection, pre-import, label creation, advertisement publication, and post-sales. It is necessary to share supporting materials among those responsible for labeling, sales, import, overseas manufacturers, and advertising agencies.
| Verification Stage | Persons to Confirm With | Items to Confirm | Actions if Issues Are Found |
|---|---|---|---|
| At Product Adoption | Importer / Sales Personnel | Planned claims on quality, ingredients, origin, functionality, health benefits | Claims lacking verifiable evidence should be reconsidered before adoption. |
| Upon Receipt of Overseas Materials | Overseas Manufacturer / Exporter | Package, advertising copy, product description, certificates, test data | Do not directly translate overseas expressions; revise them appropriately for the Japanese market. |
| During Advertisement Creation | Advertising Staff / Labeling Staff | Emphasized expressions, images, graphs, comparison tables, rankings, testimonials | Review overall impression and remove or moderate excessive expressions. |
| When Verifying Supporting Materials | Quality Control Staff / Manufacturer / Experts | Test conditions, target product, validity of materials, consistency with labeling content | Do not use materials that do not correspond to the labeling as evidence. |
| Pre-Publication Check | Sales Personnel / Legal Staff / Advertising Agency | Consistency across EC pages, SNS, flyers, in-store POP, container packaging | Unify expressions if there are discrepancies among media. |
| Post-Sales / Update | Importer / Sales Personnel | Validity period of supporting materials, ranking information, stock specifications, label changes | Correct or suspend ads based on outdated evidence or specifications. |
Comparison Table of Freight Forwarder Involvement Scope
Freight forwarders and customs brokers are not in a position to judge the legality of misleading representations. However, in imported foods, overseas packaging and advertising materials are sometimes used as-is for domestic sales in Japan, and delays in label verification could affect delivery or sales start.
| Category | What Support Can Be Provided | What Should Not Be Concluded | Practical Response |
|---|---|---|---|
| Understanding Overseas Labeling Materials | Confirm with the shipper the presence of product labels, catalogs, sales pages, and advertising materials | Judging that advertising expressions do not violate the Act against Unjustifiable Premiums and Misleading Representations | Inform that label and advertisement confirmation for the Japanese market may be necessary. |
| Raising Awareness for Imported Foods | Identify cargo likely requiring ad verification, such as health foods, natural foods, premium foods | Concluding that normal foods are exempt from advertising regulations | Encourage confirmation with labeling personnel before sales. |
| Supporting Document Acquisition | Encourage obtaining origin certificates, specifications, ingredient lists, manufacturing process documents | Guaranteeing that advertising will definitely be lawful if documents are available | Clarify that documents form part of evidence and final judgments rest with the importer. |
| Managing Sales Start Schedule | Share the possibility that sales start may be delayed due to ad and label revisions | Promising that sales can start without ad verification | Allow sufficient time for pre-sale verification especially for initial imports. |
| Logistics Response when Labeling Deficiencies are Found | Organize logistics information for shipment suspension, stock holding, returns, label replacement | Unilaterally deciding on recall necessity or administrative responses | Follow judgments of importer, sales destination, and specialized personnel for logistics responses. |
| Sharing Connections with Other Laws | Inform possibilities of overlap with Pharmaceutical and Medical Device Act, Food Labeling Act, Health Promotion Act | Comprehensively guaranteeing overall advertising regulation compliance | Encourage consultation with legal, labeling, and experts as needed. |
Typical Situations Where the System Becomes an Issue
Typical situations where misleading representations become problematic are when expressions intended to make products look good exceed the actual product content or supporting materials. Especially when translating overseas advertisements, ranking displays, expert comments, health claims, or non-use statements, careful review of the impressions consumers receive is necessary.
| Typical Situation | Common Issues | Parties/Materials to Confirm | Practical Measures |
|---|---|---|---|
| Using overseas packaging as-is | Effectiveness and quality claims based on overseas standards may be considered excessive in Japan | Importer, overseas manufacturer, advertising drafts, supporting materials | Review and adjust phrasing to suit Japanese labeling requirements. |
| Claiming "Proven Effectiveness" | Mismatch between test conditions and advertising claims | Test reports, test conditions, target products, advertising drafts | Limit expressions to what is substantiated by the materials. |
| Claiming "Only one in Japan" or "Japan’s first" | Unclear market survey scope and timing | Market survey data, survey date, comparison targets, research institutions | Confirm that the basis for the claim is still valid at the time of display. |
| Claiming "Recommended by doctors" | Unclear recommenders or survey methods, overusing authority | Information on recommenders, survey methods, contract relations, recommendation scope | Clarify the basis and scope of the recommendation. |
| Claiming "Completely additive-free" | Inconsistency with raw materials, processing aids, carryovers, or manufacturing processes | Raw material lists, additive data, manufacturing process documents, specifications | Soften expressions if exceptions exist or misunderstandings are possible. |
| Stronger claims only in SNS advertisements | Health or quality claims stronger than container packaging or official website | SNS drafts, text in images, videos, LPs, official displays | Manage expressions uniformly across media. |
Application Scenario 1: Translating Advertisements for Overseas Supplements
Overseas supplement advertisements sometimes use strong health claims such as "improves constitution," "boosts immunity," or "prevents disease." Even if these are common advertising expressions abroad, they could raise issues under Japan's Act against Unjustifiable Premiums and Misleading Representations, Health Promotion Act, and Pharmaceutical and Medical Device Act.
In such cases, importers should not simply translate overseas ads literally but revise expressions to those permissible as food labeling in Japan. Even when ingredient documents, test data, and manufacturer explanations exist, it is necessary to confirm whether these directly support the advertising content.
In practice, expressions that assert definite health effects should be avoided, and claims should be organized within the legally allowed ranges or common nutrition/food information. Freight forwarders and customs brokers are not responsible for judging advertising legality, but they may caution importers that advertising content must be confirmed when using overseas advertising materials for sales in Japan.
Application Scenario 2: Imported Foods Emphasizing "Completely Additive-Free"
When using phrases like "completely additive-free," "only natural ingredients," or "no chemicals" for imported foods, it is necessary to verify that the labeling matches the actual raw materials and manufacturing processes. Giving the impression that the entire product is completely additive-free when only some additives are absent could cause issues with misleading representations.
In this case, importers should review raw material lists, additive information, breakdowns of compound ingredients, processing aids, carryovers, and manufacturing process details. Even if the overseas manufacturer indicates "no additives," it’s important to check whether this is adequate considering Japanese food labeling regulations and consumer perception.
If supporting materials are limited, definitive expressions such as "completely," "absolutely," and "only" should be avoided, adjusting claims to the verifiable scope of facts. Advertisements should be assessed based on how consumers perceive them, not solely on what the business wants to convey.
Application Scenario 3: Claims of "Only One in Japan" or "Industry's Highest Standard"
If the sales page for imported foods includes claims such as "only one in Japan," "Japan’s first," or "industry’s highest standard," it is necessary to clarify the comparison targets and market scope. Making such claims when similar products exist can give an impression of special superiority, which may cause misleading representation problems.
In these situations, importers should verify the survey timing, scope, comparison targets, survey methods, research institutions, and data update periods. Even if a product was once uniquely positioned domestically, it does not guarantee that this is still true. When using rankings or awards, it is important to clarify the scope and survey method.
In practice, before making comparative claims, determine how long the claim can be used, who is responsible for updating the claims, and where supporting documents will be stored. When the same expressions appear across sales pages, advertisements, SNS, and store POP, confirm that the basis and expressions are consistent in all media.
Points to Note in Imported Food Operations
For imported foods, simply translating overseas manufacturer-created product descriptions, advertisements, and packaging as-is into Japanese can cause problems under Japan’s Act against Unjustifiable Premiums and Misleading Representations. Even health or quality claims accepted abroad require checking under Japan’s Food Labeling Act, Health Promotion Act, Pharmaceutical and Medical Device Act, and Act against Unjustifiable Premiums and Misleading Representations.
Special attention is needed for supplements, health foods, natural foods, premium foods, and functionally marketed foods. Overseas advertising materials may include expressions that are difficult to use as-is in Japan, such as disease prevention, constitution improvement, doctor recommendations, scientifically proven, highest quality, or completely additive-free.
Importers and sellers should not use promotional claims from overseas manufacturers without reviewing how Japanese consumers might perceive them. Food sanitation confirmation at import and advertising confirmation at sales should be managed as distinct operational processes.
Documents Importers and Sellers Should Prepare
To prevent misleading representation, it is important to check supporting materials corresponding to the claims before creating advertising. Having materials does not always guarantee adequacy if the scope, conditions, or targets of the materials do not match the advertising claims.
| Documents | Contents That Can Be Verified | Main Sources | Impact if Missing |
|---|---|---|---|
| Ingredient List / Specification Sheet | Contained ingredients, specifications, quality, raw material details | Overseas manufacturers, raw material suppliers, importers | Lack of basis for claims regarding ingredients and quality. |
| Test Results / Analysis Certificates | Inspection results related to ingredient amounts, quality, functionality | Testing agencies, manufacturers, quality control departments | Weakened basis for claims of proven effects and ingredient emphasis. |
| Place of Origin Certificates / Certification Documents | Proof of origin, certifications, organic, specific origin, production methods | Exporters, manufacturers, certification bodies | Origin and certification claims may appear better than in reality. |
| Manufacturing Process Documentation | Basis for production methods, additive-free, natural, handmade, traditional methods | Manufacturers, factories, quality control departments | Insufficient support for production method claims or additive-free labeling. |
| Comparative Research Materials | Basis for comparisons with competitors, rankings, domestic exclusivity, Japan-first, industry top-level | Research institutions, sales personnel, advertising representatives | Premises for comparative claims become unclear. |
| Advertising Drafts / List of Display Media | Content displayed on product packaging, e-commerce pages, social media, landing pages, POP, flyers | Sales representatives, advertising agencies, importers | Display discrepancies across media and risk of management oversight. |
Summary
A misleading representation of excellence refers to advertising or labeling that causes general consumers to mistakenly believe a product or service’s quality, specifications, or content is significantly better than it actually is. In the food sector, such issues commonly arise from claims emphasizing ingredients, origin, production methods, quality, functionality, safety, and health benefits.
When checking for misleadingly superior representation, it is necessary not only to examine the wording of the claims themselves but also to verify consistency between the overall impression given to consumers and the actual product content and supporting documentation. Claims regarding effects or performance without reasonable supporting evidence may be subject to false advertising regulations.
For imported foods, it is important not to simply translate overseas manufacturers’ advertising materials or packaging claims into Japanese, but rather to review them from the perspectives of Japan’s Act against Unjustifiable Premiums and Misleading Representations, Food Labeling Act, Health Promotion Act, and Pharmaceuticals and Medical Devices Act. Before sales start, the content displayed across all points—including packaging, e-commerce pages, advertising, social media, and in-store POP—should be reviewed to ensure alignment between supporting documents and the displayed claims.
