Key Summary of Hong Kong Medical Advertising Regulations (Based on the Undesirable Medical Advertisements Ordinance)

Core Principle: Negative List System

Hong Kong's Undesirable Medical Advertisements Ordinance aims to regulate medical-related advertisements and protect the public from inappropriate or misleading medical information. Its core principle is not to specify "what can be advertised," but rather adopts a "negative list" approach that clearly outlines "what is prohibited from being advertised."

For small and medium-sized clinics, understanding these prohibited areas is crucial to ensure all marketing activities (including websites, social media, flyers, etc.) are legal and compliant.

Practical Guide for Small and Medium-sized Clinics

While complying with regulations, clinics still have room for professional and effective marketing.

✓ What You Can Do (Safe Advertising Content)

Item	Description	Example
Basic Information	State objective facts like clinic name, address, phone, consultation hours, website, etc.	"HelloClinic
Doctor Qualifications	List doctor's name, registered specialty, recognized qualifications, and alma mater.	"Lead Doctor: Dr. Chan Yat Sum (MBBS HKU, HKCFP Fellow)"
Service Scope	Factually list available services without any therapeutic claims.	"Services include: General practice, annual check-ups, vaccinations, wound care, health consultations."
Price Transparency	Under the Private Healthcare Facilities Ordinance, publishing price lists or historical fee statistics is exempted.	Clearly display "Service Fee Schedule" on clinic website or prominent locations.
Health Education	Publish objective, non-promotional health information, preventive knowledge, or lecture notices.	Blog posts or leaflets on "Winter Flu Prevention Tips" or "How to Measure Blood Pressure Correctly."

✕ What You Can't Do (High-Risk Advertising Content)

Item	Description	Example
Therapeutic Claims	Claiming to treat, cure, eliminate or prevent any regulated diseases.	"Our eczema treatment plan guarantees complete cure!"
Exaggerated Terms	Using absolute or superlative terms like "best," "only," "most effective," "guaranteed success."	"The best cardiac examination service in Hong Kong."
Implied Effects	Using patient testimonials, recommendations, or before/after comparisons implying treatment effects for regulated diseases.	Publishing a diabetic patient's testimonial: "Thanks to Dr. Chan, my blood sugar has never been so stable!"
Creating Demand	Advertising "enhanced sexual performance," "restored youth," "reversed aging."	"Feeling powerless? Our men's health program will restore your vigor."

Four Major Advertising Prohibited Areas: Absolute Red Lines

According to the ordinance, no person (including clinics, doctors, marketing personnel) shall publish or cause to be published advertisements involving the following:

1. Prohibition on Advertising Specified Diseases or Conditions (Schedule 1)

In simple terms: Prohibited from claiming to "treat" or "prevent" a series of serious diseases.

• Prohibited Areas:

  • Serious Diseases: Any tumors (benign or malignant), sexually transmitted diseases (like AIDS, syphilis), cardiovascular diseases (like hypertension, heart disease), respiratory diseases (like asthma), neurological diseases (like epilepsy, paralysis), endocrine diseases (like diabetes), etc.
  • Infectious Diseases: Tuberculosis, hepatitis, etc.
  • Others: Conditions affecting vision, hearing, and most skin diseases.

• Limited Exceptions:

  • The law allows advertising for relief of minor symptoms. For example, you can advertise that a medicine can "relieve cold and cough symptoms" or "reduce muscle pain," but cannot claim to "cure flu" or "heal arthritis."

• Examples for Small/Medium Clinics:

  • ✕ Non-compliant: Clinic posts on Facebook: "Our clinic offers the latest therapy to help you effectively control diabetes and reverse hypertension!"
  • ✓ Compliant: Clinic can publish health education information: "Understanding Hypertension: The Importance of Regular Check-ups and Healthy Living," without linking to specific treatment services or products.

2. Prohibition on Advertising Specified Purposes (Schedule 2)

In simple terms: Prohibited from advertising certain specific medical purposes, usually involving sensitive or potentially misleading areas.

• Prohibited Areas:

  • Gynecological Diseases: Claims about menstrual regulation, treating amenorrhea, etc.
  • Sexual Function or Fertility: Claims about enhancing sexual performance, libido, reproductive ability, or "restoring youth."
  • Cosmetic: Advertising for corrective or cosmetic surgery.

• Examples for Small/Medium Clinics:

  • ✕ Non-compliant: Medical aesthetic clinic website slogan: "Say goodbye to aging, regain youthful vitality, our anti-aging program makes you ten years younger!"
  • ✓ Compliant: Can factually describe services offered, such as: "Providing skin care consultation services" or "Offering professional advice on profile enhancement." Focus on describing the service itself, not claiming its effects.

3. Prohibition on Specified Claims for Oral Products (Schedule 4)

In simple terms: Even for health supplements (non-registered medicines), claims about regulating body functions are prohibited.

• Prohibited Areas:

  • Regulating endocrine system, hormones.
  • Regulating blood sugar, blood pressure, blood lipids, or cholesterol.
  • Preventing or treating breast lumps.

• Limited Exceptions:

  • For blood sugar, blood pressure, blood lipids, etc., the law allows very specific phrases like "This product is suitable for people concerned about blood sugar," but must include a disclaimer.

• Examples for Small/Medium Clinics:

  • ✕ Non-compliant: Nutritional supplement sold at clinic labeled: "Effectively lowers cholesterol, prevents cardiovascular disease."
  • ✓ Compliant: If clinic provides nutritional consultation, focus on dietary advice and avoid making medical claims for any unregistered products.

4. Prohibition on Abortion-related Advertisements (Section 4)

In simple terms: Absolutely prohibits any form of abortion-related advertising, including implications, offers, or inducements. This is a strict prohibition with no gray areas.

Penalties

Violating the Undesirable Medical Advertisements Ordinance is a criminal offense.

• First conviction: Level 5 fine (currently HK$50,000) and 6 months imprisonment.
• Subsequent convictions: Level 6 fine (currently HK$100,000) and 1 year imprisonment.

Summary Recommendations

The safest and most professional marketing strategy for Hong Kong small and medium-sized clinics is:

1. Focus on Facts, Avoid Claims: Center all promotional materials on what services are provided (What), not what effects the services can achieve (What effect).
2. Position as Health Partner: Build clinic's professional image through publishing objective health education information, rather than as a salesperson.
3. Price Transparency: Clearly state services and fees to build patient trust.
4. Seek Professional Advice When in Doubt: Before launching any major or innovative marketing activities, consult legal professionals or the Department of Health if unsure about legality.