Four Categories of High-Risk Labeling Under the Advertising Law for Packaging—Three Real-World Cases of Joint Liability Arising from a Printing Factory Drafting Copy on Behalf of a Brand Owner

Since 2019, Wuxi Lexiang has handled 6 real cases in which printing factories were penalized by market supervision authorities. In 4 of these cases, the printing factory had written packaging copy on behalf of the brand client, and the client disappeared, leaving the printing factory to bear the penalty. Many printing factory owners assume, “I merely printed the text provided by the client, so any violation has nothing to do with me.” However, since 2024, the State Administration for Market Regulation has made its enforcement position clear: printing factories are participants in advertising activities. Below are 4 categories of high-risk labeling language and 3 levels of joint liability boundaries.

Why Was the Printing Company Fined?

Many people assume that the Advertising Law only penalizes advertisers (those who pay for advertisements), but Article 2 of the Advertising Law of the People's Republic of China explicitly states that advertising operators, publishers, and advertising agents for drafting advertisements all bear corresponding responsibilities. As a "producer of advertising printed materials," a printing plant will be deemed an "advertising drafting agent" or an "advertising participant" under three circumstances:

1. The printing company proactively designs copy for the client—The client provides only a vague brief requesting something “high-end, sophisticated, and premium,” while the printing company’s designer writes prohibited terms such as “industry leader,” “revolutionary upgrade,” and “irreplaceable.”
2. The printing company revises the client’s copy—The client’s copy contains prohibited terms, so the printing company “helpfully” changes them into borderline expressions during typesetting (for example, changing “best” to “ultimate” and “number one” to “among the industry leaders”).
3. The printing company translates the client’s foreign-language copy—For English copy obtained from overseas, the printing company arbitrarily adds absolute terms during translation to make the copy “more persuasive” (for example, translating #1 / Best / Top as “number one in the industry,” “best,” or “top-tier”).

Real case: In June 2024, a printing factory in Zhejiang was hired by a cosmetics brand to write gift box copy and translated the client’s English phrase “Top 100 beauty brand” into “a world-class beauty brand”. After receiving the goods, the client was reported by a professional counterfeit hunter, and the market regulatory authorities traced the source of the copy. The printing factory and the salesperson were each fined 50,000 yuan, while the brand disappeared. The printing factory incurred a loss of 120,000 yuan, including the fines, legal fees, and losses from returned goods.

Four categories of high-risk labeling statements (regulatory priorities for 2024-2026)

The Advertising Law specifies many prohibited terms, but the State Administration for Market Regulation's enforcement priorities for 2024-2026 focus on 4 categories:

Category One: Absolute Terms——“Best,” “No. 1,” “First,” “Top-tier,” “Only,” “National-level,” “Highest-grade,” “Ultimate,” “Preferred Choice,” and “Exclusive.” - Legal Basis: Article 9, Item 3 of the Advertising Law
- Enforcement Standard: Even factual statements (such as “The Company was founded in 2008”) are not permitted to include the words “earliest.”
- 2025 Data: The national market regulation system investigated 18,000 cases involving absolute terms, of which 3,200 were related to the packaging and printing industry
- Common Compliance Traps in Copywritten by Printers: “Industry Leader,” “Sales Champion,” “Consumers’ Preferred Choice,” “World-Class,” and “Representative of High Quality”

Category 2: Medical efficacy claims — Food and cosmetics packaging that claims to “treat,” “cure,” “reduce inflammation,” “prevent cancer,” “detoxify,” or “boost immunity.”
- Legal basis: Article 17 of the Advertising Law + the Food Law + the Cosmetics Supervision and Administration Regulation
- Enforcement standards: Ordinary food advertising medical efficacy is subject to fines of 5-10 times the illegal income; cosmetics advertising medical efficacy results in immediate revocation of the filing number
- Common failures by printing factories preparing copy on clients’ behalf: “Detoxify and beautify,” “reduce spots and whiten,” “reduce inflammation and relieve sensitivity,” “prevent colds,” “lower the three highs,” and “regulate the gastrointestinal tract.”

Category Three: Unverified Data — “No. 1 in sales,” “No. 1 in market share,” “99% consumer satisfaction,” “95% effectiveness,” and “Sales exceeded 1 million.”
- Legal Basis: Article 28 of the Advertising Law (false advertising)
- Enforcement Criteria: Certification by a credible third-party institution + data sources are required; otherwise, penalties for false advertising will apply
- Common Failures Caused by Copywriting Provided by Printing Plants: “No. 1 in sales across all online platforms,” “99% positive review rate,” “95% repurchase rate,” and “Cumulative sales of 1 million units”

Category Four: False Honors / Certifications — Fabricating claims such as “National Inspection Exempt Product,” “China Well-Known Trademark,” “Recommended by the XX Association,” or “ISO International Certification” (when no certification was actually obtained or it has expired).
- Legal Basis: Article 28 of the Advertising Law and the Anti-Unfair Competition Law
- Enforcement Standard: Fabricated honors are subject to a fine of 1-5 times the illegal income; in serious circumstances, the business license shall be revoked
- Common Pitfalls When a Printing Factory Drafts the Copy: “Featured Brand on CCTV,” “Endorsed by Celebrity XX” (without actual authorization), “National Science and Technology Progress Award” (without actually receiving the award), and “Centennial Brand” (established only 5 years ago)

The Three Levels of Joint Liability Arising from a Printing Plant's Penalty

After the printing plant is penalized, the fine will be borne in 3 tiers according to the printing plant’s role in the violation, ranging from lenient to severe as follows:

Level 1: The printing factory was unaware (least severe)
- Situation: The customer provided the design draft, and the printing factory was solely responsible for printing according to the original draft, without participating in the copywriting or design, and the printing factory was able to provide evidence of the customer's "written confirmation of the draft"
- Liability: The printing factory may claim exemption from liability, but it must still assist the market regulatory authority's investigation and provide the customer's information
- Fines: Exemption from liability is generally applicable, but the printing factory will be placed on the "list of parties assisting in the investigation of advertising violation cases"
- Actual case: In March 2025, a printing factory in Jiangsu received an assistance notice from the market regulatory authority. After it provided the customer's written confirmation emails and screenshots of the finalized copy, the regulatory authority did not impose a penalty on the printing factory

Second tier: The printing factory knew but did not refuse (moderate risk)
- Scenario: The printing factory discovered prohibited wording in the customer’s copy, but did not explicitly notify the customer and did not retain written communication records
- Liability: The printing factory bears liability as a participant in the advertising campaign and is fined 0.5-3 times the illegal income
- Fine: Typically 30,000-100,000 yuan
- Actual case: In January 2025, a printing factory in Guangdong drafted copy for a customer, and the copy included “industry leader”. The printing factory’s designer knew this was prohibited wording but raised no objection. After the customer was penalized, they disappeared, and the printing factory was jointly fined 50,000 yuan

Level Three: Copywriting Provided by the Printing Company on Its Own Initiative (Most Serious)
- Scenario: The printing company proactively designs the copy, revises the copy, translates foreign-language copy, and adds marketing language
- Liability: The printing company bears the liability of an advertising copywriter and is fined 3-5 times the illegal gains; in serious cases, its business license is revoked
- Fines: Typically 100,000-500,000 yuan. In serious cases, both the legal representative of the printing company and the person directly responsible are fined
- Actual Case: In September 2025, a printing company in Shanghai drafted copy for a health supplement brand, adding medical-efficacy claims such as “detoxifying and beautifying” and “regulating three high indicators”. The client was fined 500,000 yuan, the printing company was jointly fined 200,000 yuan, and the printing company’s sales manager was personally fined 10,000 yuan

How Printing Plants Can Isolate Risks (4 Essential Actions)

Printing plant owners should prepare in advance with 4 actions to avoid the scenario where “the customer disappears and the printing plant takes the hit”:

1. Establish a “Copy Finalization Confirmation Form” system—all customer-supplied copy must be confirmed in writing (a WeChat screenshot, email reply, or signed copy), and the printer is responsible only for printing according to the confirmed copy. Retain all communication records for at least 3 years.
2. Establish a “Prohibited Terms Review Checklist”—both the printer’s internal designers and sales staff must receive training and be able to identify the 50 most common absolute terms and 30 medical or therapeutic efficacy claims. If customer-supplied copy contains prohibited terms, the printer must provide clear written notice and refuse to draft or rewrite the copy.
3. Refuse copywriting services that prioritize marketing appeal—the printer is not a marketing agency and should not add absolute terms, medical or therapeutic efficacy claims, or unverified data on its own merely to “satisfy the customer”. Real case: In August 2025, our printer refused a customer’s request to change “delicious” to “exceptionally delicious.” The customer then went to another printer, and that printer was fined 120,000 yuan after rewriting the copy.
4. Add an “Advertising Law Joint Liability” clause to the contract—the contract between the printer and the customer must clearly specify that customer-supplied copy must be lawful and compliant, and that if the printer is penalized due to unlawful copy, the customer shall bear full responsibility and compensate the printer for all losses. This clause has been repeatedly upheld in judicial practice.

Conclusion: The printer is not a “text transporter” but a participant in advertising campaigns

Many printing plant owners believe that “I only print packaging boxes, so whether there is a violation has nothing to do with me.” However, the enforcement standards of the State Administration for Market Regulation from 2024-2026 have already made clear that printing plants are participants in advertising activities. There are three tiers of joint liability, ranging from lesser to greater severity (unaware / aware but refusing to act / voluntarily drafting the content), and printing plant owners must understand these boundaries. There are four categories of high-risk labeling claims (absolute terms / medical efficacy claims / unverified data / false honors), and both printing plant designers and sales staff should be able to identify them at a glance. A compliant printing plant saves more than money; it also avoids the real cases of “the customer disappears and you end up taking the fall,” which carry sentences of 4 years or more.

Further reading

- Practical Application of 4 Categories of Prohibited Terms in the Advertising Law for Cosmetics Packaging—3 Real Cases Penalized After a Printer Discovered the Issues Only After Printing
- 3 Categories of Cosmetics Packaging Regulations Taking Effect: Cosmetics Supervision and Administration Regulation + Children's Cosmetics + Labeling Measures
- 6 Categories of Mandatory Food Packaging Labels: Ingredients / Allergens / Shelf Life / Nutrition Facts / Net Content / Place of Origin
- Interpretation of the 5 Latest Regulations in the Packaging and Printing Industry