March 11, a number of video sites can still watch the crest of the punishment of the matter toothpaste ads. Beijing News reporter Li
Crest, the company's brand, has been fined 6.03 million yuan for its dual-effect white toothpaste as the biggest fake advertising ticket ever. March 11, the reporter to "crest + double Effect dazzling white" as the keyword search found, Youku, potatoes and other video sites are still considerable to see this ad. Yesterday, the crest of the response said that the ads are not the clean sergeant, may be linked to the video site upload mechanism, the crest last August has been online under the line to air the advertisement.
Christie's was fined for false advertising March 11 in a number of video sites visible. Crest yesterday said the content was unofficial.
"Online ads will be corrected"
March 10, the Shanghai Municipal Trade and Industry Bureau issued a false advertising notice, the crest was fined 6.03 million yuan. According to the Shanghai Industry and Commerce, the Taiwanese artist Xiao S (di) as the spokesperson of the advertisement declared: Only one day, teeth really white. The screen highlights the spokesman's use of toothpaste after the whitening effect. After investigation, the whitening effect of the software through the computer to repair the image of excessive processing, not the actual use of advertising toothpaste effect. The party's conduct constitutes a false advertisement and is fined 6.03 million yuan by the trade and Industry department. The advertisement was then completely off the air last year, according to a statement by crest.
Yesterday, the Beijing News reporter to "good Jie Shi + double effect dazzling white" "Crest + small S" and so on for keyword search found, Youku, Tudou and other video sites still have this advertisement.
Crest yesterday responded to the Beijing News that the ads were not released by the petty officers and might be related to the uploading mechanism of video sites. Crest stopped last August, including all the ads on line.
Crest yesterday to the Beijing News reporter said, the current online advertising, Crest has cooperated with the government according to the state of the relevant requirements of advertising to do some rectification, in advertising to make consumers feel is a pleasing advertisement, but not to create misunderstandings.
Advertising toothpaste is still selling.
The senior partner of Ying Ke law firm Wang Beibei told the Beijing News reporter that after the decision of administrative punishment has a certain period of time, the executive authorities will require advertising publishers and operators to withdraw advertising within a few days, if the deadline has not withdrawn advertising, eliminate the impact of the administrative penalty law to make penalties.
In addition, some industry experts believe that because of the open interactive structure of the network, leading to the network advertising subject is uncertain, the authenticity of advertising behavior is uncertain. Therefore, the illegal behavior of Internet advertising can not be restricted by law and can not be effectively governed by Internet advertising.
In addition, yesterday, media reports, the matter toothpaste is currently in supermarkets and electric business platform is still in normal sales. Crest said that this toothpaste will not be discontinued, said the deal only for the advertising performance of the method is not rigorous, does not involve any product quality issues. Beijing News reporter Liu Suhong Kara
Related news
Xinhua News agency says penalty 6 million "insignificant"
The news agency said yesterday that the more than 6 million-dollar fine was "negligible", noting that the second-quarter net revenue was 20.161 billion U.S. dollars and the net profit for Procter and Gamble was $2.372 billion, according to the report, which was reported by the state-owned official in its first quarter of 2015. More than 6 million yuan fine, even if it is the biggest ticket, but for a quarterly net profit of tens of billions of yuan of companies, still appear somewhat "insignificant".
According to the company's official website, the reporter found that 2012-2014, the company's core profits for three consecutive years have achieved growth, and three consecutive years to return shareholder income has achieved growth. 2014 Annual report shows that the crest 3D dazzling white series in the global sales also reached 1 billion U.S. dollars, 3D dazzling white series is also the development and emerging markets toothpaste market share of the growth of the important impetus.
For good clean double effect white toothpaste for false advertising and was fined 6.03 million yuan, the relevant departments give the punishment reason is that the toothpaste whitening effect of the software through the computer to repair the image of excessive processing, not the actual use of advertising toothpaste effect. This advertisement constitutes a false advertisement and violates the relevant laws and regulations.
Wang Beibei, senior partner of the Pacific law firm, said punishment is based on the "anti-unfair competition law", "Advertising Law", "Consumer protection Law," the relevant provisions of the operator shall not use advertising or other methods, the quality of goods, production components, performance, use, producer, effective period, The origin and so on misleading false propaganda, may not deceive and mislead the consumer.
How to determine the amount of fines, Wang Bebe said, according to the provisions of article 37th of the Advertising Act, the crest will not only withdraw the advertisement, but also publicly correct the cancellation effect in the corresponding scope with the same advertising fee, and place a fine of up to five times times the advertisement cost, and confiscate the advertising expenses for the responsible advertising operators and advertising publishers, And the advertising costs of more than five times times the following fines, criminal responsibility in serious circumstances, the legal suspension of its advertising business. As a result, there is a basis for the crest of a fine. Beijing News reporter Guo Yongfang Liu Suhong
Lawyer says
is small s endorsement false advertising should be punished?
For the small s still for the crest of the endorsement, the senior partner of Ying Ke law firm, Wang Beibei, said yesterday that because of the current implementation of the "Advertising law" and "anti-unfair competition law", only advertisers, advertising operators, advertising publishers made norms, and ignored the advertising participants. However, in the revised draft advertising law to be tabled at the National People's Congress at the end of 2014, it is clearly stipulated that the advertisement spokesperson who knowingly or should know the advertisement is still in the advertisement for recommending or proving the goods or services shall be given administrative punishment according to law. ”
Not only the crest, from the industry point of view, the daily advertising "boast wind" has been repeatedly banned.
Wang Bebe to this analysis, said that in the day of the enterprise advertising there are the following means, acts that may constitute false advertising, causing misunderstanding by consumers: exaggerated and inaccurate advertising, vague language, misleading advertising, unfair advertising, publicizing products by slandering and denigrating competitors ' products; The advertising of research results.
"At present, the main reason why the advertisement is illegal, the media is not strict, the current law is imperfect, the law enforcement is not in place, and so on." "Wang Bebe points out.
Wang Bebe called for speeding up legislation, causing damage to consumers, not only to investigate civil liability, but also to investigate its criminal responsibility, from the source to plug loopholes, increase punitive damages, strengthen law enforcement, in order to better protect consumers ' rights and interests. Beijing News reporter Liu Suhong
A list of "false advertisements" in some enterprises
September 2010
Overlord (Guangzhou) Co., Ltd. production of 2 of the shampoo "Overlord men solid hair strong root Shampoo" and "Overlord Male hair Dandruff Shampoo" false propaganda, was ordered to correct immediately, no exaggeration publicity.
March 2014
The Italian antitrust regulator said the Clinique-vibrant photon skin product was deliberately advertised for the effect and price differentials of laser surgery, misleading consumers into buying, requiring them to revise their promotional content within 60 days and fine € 400,000.
April 2014
France Occitane because of two products advertising has slimming effect, by the United States Federal Trade Commission (FTC) sentenced to 450,000 U.S. dollars, but also prohibit the brand in the future to do false weight loss ads.
March 2015
Shanghai Bureau of Commerce and Industry said that Wu Liang ye autumn and winter wine in the TV "famous visit" Advertising announced "single box price into 1608 ..." Only live in this file, "Welcome back to our live scene ... Just tell us ... "and so on." The live scene was fictitious and was fined 150,000 yuan.
March 2015
Shanghai Industry and Commerce Bureau said that Shanghai Seoul Investment Management in the case, "Cooperative Bank: ICBC, Bank of China ..." and so on. After investigation, the alleged cases and partners for the fabricated, constitute false publicity, the industry and Commerce Department in accordance with the law of 100,000 Yuan fine.
(Finishing: Liu Suhong)