For imported prepackaged food entering China, compliance of Chinese labels and Chinese trademark strategy fall under different legal systems, but together they determine whether a product can successfully enter the market and whether a brand can achieve long-term operation. Some overseas enterprises have misconceptions about China’s regulatory framework and trademark protection system. With the upgrade requirements of the new Chinese label regulations taking effect in 2027, as well as long-standing risks of trademark squatting and infringement in the trademark field, enterprises must ensure both label compliance and trademark strategy in order to avoid market risks from the outset. At the regulatory level, both current requirements and the 2027 new rules are based on the Food Safety Law and the Trademark Law as the top-level legal foundation. In the label area, GB 7718 and GB 28050 have been updated to 2025 versions, and the Administrative Measures for Food Label Supervision have been added to refine regulatory requirements. In the trademark area, the core protection principles of the Trademark Law continue, forming a market pattern of “strict supervision over labels, strong protection for trademarks.” For overseas enterprises seeking development in China, both are indispensable.
I. Definition of Prepackaged Food
The definition of prepackaged food is the foundation of import food regulation. The General Standard for the Labeling of Prepackaged Foods was updated from the 2011 version to the 2025 version, making the definition more aligned with the market and supervision more comprehensive.
Under the current General Standard for the Labeling of Prepackaged Foods (GB 7718-2011) (hereinafter GB 7718-2011), prepackaged food refers to food that is pre-packed in a fixed quantity or made into packaging materials or containers. The core requirement is “pre-determined quantity + uniform labeling.” Simply put, the food already has a fixed weight or volume before leaving the factory, with clear uniform markings on the outer packaging – for example, 330ml canned beverages, 100g boxed cookies, etc.
The General Standard for the Labeling of Prepackaged Foods (GB 7718-2025) (effective March 16, 2027) (hereinafter GB 7718-2025) simplifies and expands the definition of prepackaged food, clearly defining it as food that is pre-packed or made into packaging materials or containers. The “fixed quantity” requirement is removed, bringing foods sold by weight or by count under supervision – for example, individually wrapped cakes from an imported bakery brand sold by weight in domestic supermarkets, or individually wrapped chocolates from an imported candy brand sold by count. Such foods are now classified as prepackaged food. Meanwhile, the standard stipulates that labels for the smallest sales unit of prepackaged food must strictly comply with the standard, while non‑sales unit packaging has no mandatory labeling requirement.
II. Chinese Labels: The Core Compliance Prerequisite for Imported Food to Enter the Market
For imported prepackaged food, Chinese labels are the “gateway” for customs clearance and market circulation. If label content is missing, incorrectly marked, or non‑compliant, the product will be deemed non‑conforming. Enterprises may face cargo detention, recall, and administrative penalties, directly impacting the normal conduct of import business. Overseas enterprises seeking a stable foothold in the Chinese market must strictly implement current mandatory labeling requirements, and also prepare in advance for the upgraded content of the 2027 new rules, particularly the special rules on ingredient emphasis and quantitative labeling, so as to take preventive action.
(I) Nine Core Mandatory Labeling Items under Current Regulations
According to GB 7718-2011 and the General Standard for Nutrition Labeling of Prepackaged Foods (GB 28050-2011) (hereinafter GB 28050-2011), Chinese labels for imported prepackaged food must fully and accurately label nine core items. This is the minimum compliance threshold for market entry, covering basic product information and key dimensions of quality safety – none can be omitted: food name, ingredient list, net quantity and specification, information of the domestic operator, country/region of origin, date of manufacture and shelf life, storage conditions, nutrition labeling, and special labeling. Among these, the ingredient list must initially follow basic labeling principles for ingredients.
(II) 2027 New Rules: Five Core Adjustments, Comprehensive Upgrade of Label Requirements
The new labeling rules coming into effect in 2027 introduce a separate chapter specifically for labeling requirements of imported prepackaged food, with more detailed provisions on general label specifications, ingredient list labeling, and disclosure of producer/operator information, highlighting China’s strict supervision of imported food quality and safety. Among these, ingredient emphasis and quantitative labeling are the core newly detailed requirements for ingredient list labeling. Based on the current nine mandatory items, the new rules have five core adjustments that overseas enterprises need to focus on:
1. Enhanced traceability information: Mandatory uniform labeling of the overseas producer’s registration number in China, and complete verifiable information of the domestic operator, enabling full‑chain traceability.
2. Upgraded nutrition labeling: Expanded to “1+6” mandatory items, adding saturated fat, sugar, and NRV% labeling, plus health prompts for children and adolescents, and stricter criteria for “sugar‑free”/“low sugar” claims.
3. Digital labeling as standard: Mandatory QR code/electronic label; digital and paper label information must be consistent and traceable.
4. Label and flavor description standards: Accurate translation of mandatory foreign language content; Chinese font size no smaller than that of the foreign language; flavors prepared with flavoring agents must bear a special indication.
5. Refined labeling for special categories: Alcohol, energy products, irradiated foods, etc., must have dedicated labeling according to their attributes.
(III) GB 7718-2025 General Compliance Details: Common Baseline for Current and New Rules
The general compliance details for Chinese labels of imported prepackaged food under GB 7718-2025 constitute the common compliance baseline for both current regulations and the 2027 new rules. Regardless of whether the new rules have taken effect, enterprises must strictly adhere to the following:
(1) Basic requirements: All label content (including foreign languages and traditional Chinese characters) must comply with Chinese laws and national standards. For externally affixed Chinese labels, both exposed foreign text and Chinese label content must comply. Labels must meet the provisions of Chapter 4 of GB 7718-2025 (excluding 4.9 and 4.10).
(2) Chinese‑foreign language correspondence: Mandatory content must have a one‑to‑one correspondence with standard Chinese characters (except for trademarks, overseas producer addresses, etc.). Content not indicated in the foreign language but required by Chinese laws/standards must be added in the Chinese label. For non‑mandatory content, the core meaning must be indicated; foreign language that is covered need not be translated.
(3) Basic ingredient list requirements: All content from the foreign‑language ingredient list must be fully reflected in the Chinese list. Mandatory ingredients (e.g., water, single-ingredient items) omitted from the foreign ingredient list must be added.
(4) Country/region of origin: Accurately indicate the country/region of origin. For products manufactured in multiple countries, the country/region where the last substantial change occurred is considered the origin.
(5) Date of manufacture: If the original label only has a best‑before date or date of minimum durability, the date of manufacture must be calculated from that and affixed/overprinted.
(6) Operator information: Indicate the name, address, and contact information of the importer/agent according to who bears responsibility, with guiding words. The registration number of the overseas producer (approved in China or in its home country/region) must be indicated. Information of the overseas producer and foreign operator may be omitted.
(7) Prohibitions: Use of text such as "special supply" is strictly forbidden. Foods not registered as health foods must not claim health functions. Forging or altering the date of manufacture is prohibited. As for form, labels must be printed or firmly affixed, ensuring clarity, resistance to removal, and legibility.
III. Chinese Trademarks: Legal Shield for Brand Localization
Unlike the mandatory nature of Chinese labels, Chinese trademark compliance is often overlooked by some overseas enterprises. Many believe that since the Food Safety Law does not include Chinese trademarks as mandatory label content, no special strategy is needed – only to later fall into the trap of trademark squatting or infringement risk. In fact, while a Chinese trademark is not a hard requirement for market entry, it is a necessary guarantee for stable, long‑term brand development in China.
(I) Legal Boundaries of Chinese Trademarks: Not Mandatory, but Not Freely Usable
The fact that Chinese trademarks are not mandatory label content does not mean enterprises can use them arbitrarily. If an enterprise uses a specific Chinese translation or product name in commercial activities such as product packaging, marketing, or e‑commerce storefronts, such use constitutes “trademark use” under the Trademark Law. If that Chinese name is identical or similar to a prior registered trademark of another party on identical or similar goods and is likely to cause confusion, it may constitute trademark infringement. The enterprise may face legal liability to cease use and compensate for economic losses, and in serious cases, product removal and business interruption.
(II) Core Trademark Risk for Overseas Brands: Squatting of Chinese Translations, a Dilemma
For overseas prepackaged food brands, one of the biggest trademark risks is the malicious squatting of the brand’s Chinese translation by a third party in China. Once the trademark is squatted, the enterprise faces a dilemma: if it abandons the Chinese translation, all previous investment in brand promotion and marketing will be wasted, and the consumer base already built may be lost. If it continues to use the name, it will become entangled in trademark ownership disputes, consuming significant time and legal costs, and may still lose the dispute, further damaging brand image. Even if it ultimately reclaims the trademark, the brand’s localization pace will be disrupted, missing market opportunities.
(III) Commercial Value of Chinese Trademark Registration: Dual Benefits of Legal Protection and Market Expansion
Chinese trademark registration is not only a legal compliance requirement to avoid infringement risk but also an important strategic move for long‑term brand development in China, offering dual benefits of legal protection and commercial expansion:
1. Legal level: After successful registration, the enterprise enjoys exclusive use of the trademark for the approved categories, and may legally prevent others from using identical or similar marks on identical or similar categories, effectively preventing counterfeiting and market confusion.
2. Market level: A Chinese trademark aligns with Chinese consumers’ reading and cognitive preferences, helps consumers remember the brand quickly, enhances brand recognition and trust, and facilitates market development in China.
3. Asset level: As an intangible asset, a Chinese trademark can be valued, transferred, or licensed, providing solid legal support for brand localization.
(IV) Practical Key Points for Chinese Trademark Strategy: Three Steps, Proactive Risk Prevention
Based on trademark prosecution practice and legal case experience, overseas enterprises should focus on proactive prevention when planning their Chinese trademark strategy. Three key practical points help avoid squatting and infringement risks from the source:
1. Timely registration, multi‑class coverage: As soon as the Chinese translation of the brand is determined, file an application with the China National Intellectual Property Administration (CNIPA) Trademark Office. Based on the product portfolio, prioritize covering core classes such as Class 29 and Class 30 (foods), Class 32 (beverages); also cover related classes such as Class 35 (sales, promotion, and advertising) to prevent cross‑class squatting.
2. Conduct pre‑registration searches: Use the CNIPA official system to search for similar trademarks, thoroughly investigate prior rights obstacles, pre‑emptively mitigate registration risks, increase the success rate of trademark registration, and reduce subsequent enforcement costs.
3. Use the trademark properly and reinforce public notice: After successful registration, when using the trademark on product packaging and promotional materials, keep it consistent with the registration certificate – do not arbitrarily modify fonts or add/delete characters. Mark the trademark with the ® symbol to enhance public notification of exclusive rights.
IV. Conclusion
For overseas enterprises to enter China’s prepackaged food market, the process essentially involves adapting to local regulation and local consumer habits. Strict compliance with Chinese label requirements and early completion of Chinese trademark strategy are among the core steps. The implementation of the new Chinese label rules in 2027 marks an upgrade of China’s imported food supervision toward greater precision, traceability, and standardization. Meanwhile, legal protection for trademarks is also being continuously strengthened, placing higher demands on overseas enterprises’ localization strategies. Only by integrating Chinese label compliance and Chinese trademark strategy throughout the entire process of brand localization – ensuring both are managed in tandem and advanced simultaneously – can overseas enterprises achieve compliant product circulation in China and long‑term brand development in the Chinese market.
References
[1] Food Safety Law of the People’s Republic of China
[2] Trademark Law of the People’s Republic of China
[3] National Food Safety Standard – General Standard for the Labeling of Prepackaged Foods (GB 7718-2025)
[4] National Food Safety Standard – General Standard for Nutrition Labeling of Prepackaged Foods (GB 28050-2025)
[5] National Food Safety Standard – General Standard for the Labeling of Prepackaged Foods (GB 7718-2011)
[6] National Food Safety Standard – General Standard for Nutrition Labeling of Prepackaged Foods (GB 28050-2011)
[7] Q&A on National Food Safety Standard – General Standard for the Labeling of Prepackaged Foods (GB 7718-2025)
[8] Q&A on National Food Safety Standard – General Standard for Nutrition Labeling of Prepackaged Foods (GB 28050-2025)
[9] Q&A on National Food Safety Standard – General Standard for the Labeling of Prepackaged Foods (GB 7718-2011)
[10] Q&A on National Food Safety Standard – General Standard for Nutrition Labeling of Prepackaged Foods (GB 28050-2011)
[11] Administrative Measures for the Supervision of Food Labels
[12] Administrative Measures for the Safety of Import and Export Food of the People’s Republic of China
[13] Trademark Examination and Adjudication Guidelines
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