Risks from functional foods due to management mechanism

Recently, the production of fake Kera vegetable candy but false advertising has caused 2 influential figures on social networks to get into trouble with the law and the career of a beauty queen to be in turmoil.

Justice is served, violators must pay the price and expose the shortcomings in the management of functional foods. However, the losses and damages from consumers are still unknown.

In recent years, the production, business, exchange and purchase of functional foods have developed strongly. According to data from the Ministry of Health, from 2022 to early 2025, about 10,000 functional food products have been announced. 80% of these products are produced domestically, the rest are imported. This is an inevitable trend when society develops, life improves, and people pay more attention to health care and protection.

On the other hand, due to the abundant raw material area, although it is a new field, the functional food production, supply and distribution industry has made great strides. However, besides the positive aspects, this rapid and strong development has brought about many consequences, causing consumers to be surrounded by a matrix of "mixed" functional foods. Many production facilities and units, for the sake of profit, disregard the health and lives of consumers. One of the reasons leading to this situation is probably due to loopholes in management.

When the case of fake Kera vegetable candy production was exposed, many people were shocked and even angry because they had long put their trust in fake products, which not only did not protect their health but could also be harmful to users. Therefore, consumers wondered why such products could still be circulating on the market?

Besides Kera candy, how many other fake and poor quality functional foods are still bypassing authorities and consumers? When violations are discovered, how are the products that have reached consumers handled, and how are consumer rights protected?

In fact, the current legal system for managing functional foods is relatively clear. However, instead of pre-inspection to strictly control from the beginning before being put on the market, functional foods are on the list of products subject to post-inspection management. That is, organizations and individuals that produce them only need to register a declaration, self-declare the ingredients and quality of the product. The competent authority will receive the dossier and conduct post-inspection for each type of product. This is stipulated in Decree No. 15/2018/ND-CP of the Government detailing the implementation of a number of articles of the Law on Food Safety. Because functional foods are not medicines and cannot replace medicines, post-inspection in management will create a transparent mechanism, simplifying administrative procedures. However, taking advantage of this regulation, some manufacturers have deceived customers for profit.

The common point of many functional food brands is to use famous people with influence on social networks to advertise their products. Therefore, even though the product's effects are exaggerated and the concept is changed, many consumers still trust and choose them. Many products, although new to the market, attract customers because they are "guaranteed" by prestigious and influential people in society. Only when the authorities intervene and the product quality is verified do they realize. At this point, the immediate benefits are gone, and the long-term harm is present. If consumers' trust in functional foods collapses, they will likely equate, stereotype, and boycott the product, affecting genuine producers.

Faced with bottlenecks in the management of functional foods, the Ministry of Health is presiding over the drafting of a Decree amending and supplementing a number of articles of Decree No. 15/2018/ND-CP detailing the implementation of a number of articles of the Law on Food Safety. The draft stipulates strict control over organizations and individuals announcing products, adding a section explaining product formulas to control the quality of products in the functional food group. At the same time, it clearly stipulates the responsibilities of state agencies in the management of functional foods.

In addition to legal regulations being amended to suit reality, consumers also need to improve their knowledge to choose safe and quality products. Celebrities need to be more responsible in advertising products.