Is it allowed to sell food in South Korea with functional claims but no scientific proof?

Last updated on November 7, 2025

No. South Korean law prohibits selling food with functional claims unless those claims are supported by scientific evidence. The Ministry of Food and Drug Safety (MFDS) requires proof through human application studies or systematic reviews before any functional statement can appear on packaging or advertising.

Why the Law Says No

In South Korea, health-related claims on food are not just marketing—they are regulated promises. Functional claims such as “boosts immunity” or “improves digestion” influence consumer choices and public health, so the government enforces strict standards to prevent misleading information. These rules are anchored in the Health Functional Foods Act and the Act on Labeling and Advertising of Foods, both overseen by the MFDS. The MFDS defines a functional claim as any statement suggesting a physiological benefit beyond basic nutrition. To protect consumers, such claims must be backed by credible scientific evidence. Without proof, the claim is considered false advertising and subject to penalties.

The Legal Framework Behind Functional Claims

South Korea classifies products into two categories: Health Functional Foods (HFFs) and General Foods with Functional Claims (FFCs). HFFs are manufactured with MFDS-approved functional ingredients and require official certification based on clinical data. FFCs are regular foods that include functional claims. Since January 2025, these claims must meet strict evidence requirements. Under MFDS regulations, functional claims must satisfy one of the following: relate to one of 29 officially recognized functional ingredients, be associated with an individually recognized ingredient approved by MFDS, or be supported by scientific evidence through human trials or systematic literature reviews. Products that fail to meet these conditions cannot legally display functional claims.

Examples of Allowed and Restricted Claims

Approved claims are those tied to ingredients with proven benefits and MFDS recognition. For example, a yogurt containing probiotics can state “helps improve intestinal health” because probiotics are on the MFDS-approved list and supported by clinical studies. Similarly, a beverage with ginseng extract may claim “supports immune function” since ginseng is recognized for fatigue recovery and immunity enhancement. These claims are permitted only when the product meets ingredient content standards and labeling requirements.

Restricted claims are those that lack scientific backing or MFDS approval. A snack that claims “boosts brain power” without any recognized functional ingredient or supporting evidence would be prohibited. Likewise, a herbal tea marketed as “relieves stress” cannot make that claim unless the herb is officially recognized and supported by human trials. These examples illustrate the MFDS’s commitment to evidence-based labeling and consumer protection.

Labeling Requirements for Functional Foods

For foods that qualify, packaging must include the functional ingredient and its content, the recommended daily intake, and a disclaimer stating: “This product is not intended to prevent or treat disease.” Clear separation between general nutrition information and functional claims is mandatory. Failure to comply can result in fines, product recalls, and advertising bans.

Cultural and Practical Context

South Korea’s functional food market is thriving, driven by health-conscious consumers and innovative brands. From probiotic yogurts to ginseng drinks, functional claims are powerful marketing tools. However, past controversies over exaggerated claims led regulators to tighten the rules. Today, MFDS prioritizes scientific integrity, aligning with global standards and protecting consumer trust. This approach reflects a cultural trend: Koreans value health and wellness but demand accountability. By enforcing evidence-based claims, the government ensures that functional foods deliver real benefits—not empty promises.

What Happens If You Ignore the Rules?

Selling food with unverified functional claims can lead to administrative fines, product recalls, advertising bans, and legal liability for consumer harm or false advertising. Compliance is essential for market access and brand reputation.

Why These Rules Matter

Functional claims influence consumer behavior and public health. Allowing unverified claims would undermine confidence in the food industry and expose consumers to misinformation. South Korea’s regulatory framework ensures that health-related statements are credible, fostering a safer and more transparent marketplace.

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Sources

Ministry of Food and Drug Safety – Food Labeling and Advertising Guidelines
https://www.mfds.go.kr/eng/wpge/m_14/de011005l001.do
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