AI-generated advertisements featuring “fake doctors” guaranteeing product efficacy are spreading on online platforms, but no specific sanctions are in place.
According to data submitted by the Ministry of Food and Drug Safety (MFDS) to Rep. Kim Nam-hee of the Democratic Party of Korea on Friday, the number of false and unfair ads detected online last year, by category, was: food, 15,027 cases; health functional foods, 5,475; pharmaceuticals, 16,051; quasi-drugs, 3,632; cosmetics, 2,680; and medical devices, 4,075. In total, they numbered more than 96,000 cases -- about 1.6 times higher than in 2021.
Recently, these tactics have evolved to use AI technology to create virtual medical professionals who deliver false information to consumers. Typically, they impersonate specialists or pharmacists claiming to have graduated from the “S” College of Medicine and target parents of children and adolescents with exaggerated claims guaranteeing the efficacy of supplements for obesity, growth, or allergies.
The problem is that mandatory labeling requirements for AI-generated ads will only take effect next year. The Artificial Intelligence Framework Act, passed by the National Assembly in December, will take effect in January 2026.
The MFDS has also flagged the issue of AI-enabled false advertising and is taking action under current laws such as the Food Labeling and Advertising Act and the Cosmetics Act, which prohibit ads featuring doctors or pharmacists recommending products or deceiving consumers.
Accordingly, the MFDS sanctions AI-generated fake ads under these provisions. However, critics note that relying on broad existing laws leaves no specific clauses directly regulating AI false advertising, making enforcement and statistical management unclear.
Rep. Kim warned that a blind spot in false advertising could emerge before the AI Framework Act takes effect and said she will propose an amendment to the Food Labeling and Advertising Act to strengthen the system.
“Although the Framework Act on Artificial Intelligence will be implemented next year, products like food pose significant risks, necessitating clear enforcement grounds through penalty provisions in individual laws,” Kim said. “To protect public health and safety, we will demand stronger management and supervision by the Ministry of Food and Drug Safety.”
