1. How is the authority of the Fair Trade Commission to investigate and sanction false advertising to be distinguished from that of other competent authorities?

A1:

Besides the Fair Trade Act, stipulations regarding false advertising also exist in the regulations of other agencies. The Fair Trade Commission and related agencies consult to determine which agency is to handle false advertising cases in accordance with the principle of “special laws prevailing over ordinary laws.” False advertising cases that are subject to the Fair Trade Act belong to the jurisdiction of the Fair Trade Commission. The following false advertising cases belong to the jurisdiction of different competent authorities since they are subject to special laws:

1. Ministry of Health and Welfare:
   1. Advertisements claiming, suggesting or insinuating products or services as having medical effects
   2. Labeling and advertising for foods, health foods, dairy products, cosmetics and medicines
   3. Healthcare advertisements
   4. Advertisements for human organ banks
   5. Advertisements for agricultural products, labeling for agricultural products at retail outlets, advertisements for packaged rice
2. Ministry of Economic Affairs: labeling for ordinary products that do not involve unfair competition between businesses
3. Council of Agriculture, Executive Yuan:
   1. Labeling for seeds and saplings to be sold
   2. Labeling and advertising for agricultural chemicals, fertilizers, animal feed, domesticated animal or fowl breeding stock or plant genetic resources, animal medicines and pet foods
   3. Labeling for agricultural products at wholesale markets, labeling for packaged rice, labeling for traceable agricultural products and labeling and advertising for organic foods
   4. Advertisements posted by veterinarians
4. National Treasury Administration, Ministry of Finance: Labeling for tobacco and alcohol products and advertisements for alcohol products
5. Education authorities of special municipalities and counties/cities: Advertisements posted by registered private learning centers
6. Ministry of Labor: False advertising regarding employment referral service or employee recruitment, false content in training program advertisements or brochures from vocational training institutions
7. Tourism Bureau, Ministry of Transportation and Communications: Advertisements posted by travel agencies
8. Financial Supervisory Commission
   1. False, untrue or misleading advertisements posted by securities or commodity trading firms
   2. Advertisements for CPA services posted by individuals who have not obtained CPA status
   3. Advertisements involving financial regulations
9. Ministry of the Interior:
   1. Advertisements for immigration application services
   2. Real estate agent advertisements that are subject to the Real Estate Broking Management Act
   3. Cross-border matchmaking advertisements
   4. Sexual advertisements
10. National Communications Commission: Cases involving commercials

Relevant article(s) of law: Fair Trade Act, Article 21