改正景品表示法とステマ規制 — マーケティングの法的注意点

The Premiums and Representations Act (formal name: Act against Unjustifiable Premiums and Misleading Representations; abbreviated 景表法) regulates unfair premiums and representations concerning transactions in goods and services in order to protect consumer interests. Enacted in 1962, it falls under the jurisdiction of the Consumer Affairs Agency.

The Act's basic structure prohibits representations that significantly differ from the reality of goods/services and the provision of excessive premiums, in order to protect a market environment in which consumers can choose products with proper judgment. For engineers and marketing staff, it is a law directly connected to daily work — advertising, landing pages, product pages, and campaign initiatives.

The largest amendments in recent years are the regulation of stealth marketing that took effect on October 1, 2023, and the introduction of the commitment procedure enforced from October 2024 (under which a business can submit an improvement plan before a formal violation finding, and if the plan is approved, the business avoids measure orders and surcharges).

Article 5 of the Act divides unfair representations into three categories and prohibits them. Understanding the requirements and typical examples of each forms the foundation for practical judgment.

Representations are prohibited that suggest goods/services are significantly superior in content (quality, specifications, etc.) than they actually are, or — contrary to fact — significantly superior to those of competing businesses. Typical examples: "Industry No. 1" (without basis), origin falsification, listing raw materials not actually used, exaggerated advertising of effects for health foods, etc.

Representations are prohibited that suggest the price or transaction terms are significantly more advantageous than actual, or that falsely impress consumers as significantly more advantageous than competitors. Typical examples: double pricing (falsifying the original price), claiming "limited time" while running constant sales, listing bonuses that cannot actually be received, etc.

Matters concerning transactions in goods/services that the Prime Minister has designated as likely to mislead general consumers. There are currently six designations in total, with the latest being Designation No. 5 = stealth marketing (effective October 1, 2023).

Stealth marketing refers to acts in which a business advertises while hiding that it is an advertisement. The designation defines its scope as: "Representations made by a business operator regarding transactions in goods or services that the operator supplies, where it is recognized as difficult for general consumers to distinguish as such a representation."

The Consumer Affairs Agency's operational guidelines list typical cases where business involvement is recognized: when a business requests influencer posts and pays compensation; when advertising is outsourced to affiliates; when an employee posts about the company's product as part of their duties; when fake reviews are posted on EC sites; etc.

Notations clearly indicating it is an advertisement are required: "advertisement," "PR," "promotion," "#PR," "#広告," "#プロモーション," etc. The Consumer Affairs Agency considers the following notations inadequate: writing in small text at the end of a post, burying within a sea of hashtags, notating only in English or other foreign languages, making posts where part is hidden, etc.

Responsibility for stealth marketing violations falls not on the posting influencer or third party but on the business (advertiser) itself. Influencers and affiliates are outside the scope of regulation under the Premiums and Representations Act (separately, however, other laws — Pharmaceutical Affairs Act, Specified Commercial Transactions Act, Health Promotion Act — may apply).

For violations, the Consumer Affairs Agency (or prefectures) can issue the following administrative dispositions.

The commitment procedure newly established by the May 2023 amendment (Art. 26–33) took effect on October 1, 2024. Under this system, businesses suspected of violations can voluntarily submit improvement plans (commitment plans) to the Consumer Affairs Agency, and if approved, they are not subject to measure orders or surcharges.

Understanding actual enforcement cases helps you develop the practical sense for judgment. According to Consumer Affairs Agency disclosures, approximately 30-50 measure orders are issued annually.