The first anniversary of the new advertising law: Shanghai punishes cosmetics "detoxification" and other illegal acts

  Xinhua News Agency, Shanghai, August 28th (Reporter Joline) The reporter learned from the Shanghai Industrial and Commercial Department on the 28th that since the new advertising law was revised and implemented one year ago, the Shanghai Industrial and Commercial Department has investigated and dealt with 424 cases of violating the new advertising law, including false advertisements, illegal use of absolute terms and illegal use of medical terms.

  It is reported that in these cases, false content, illegal use of absolute terms, and illegal use of terms that are easily confused with medical care or drugs are the high incidence of advertising violations, accounting for 64% of the total number of cases violating the advertising law.

  For example, shanghai jahwa E-Commerce Co., Ltd. used the contents of "removing skin toxins, soothing and diminishing inflammation" on the online publicity page of "Gough Facial Cleanser", which constituted the use of language that easily confused the promoted goods with drugs, and was fined 150,000 yuan according to law.

  Ying Jun, director of the advertising department of the Shanghai Municipal Administration for Industry and Commerce, said that such illegal situations mostly occur in advertisements for food, cosmetics, and health-related household appliances and life products. In fact, medical terms or medical terms, including anti-inflammatory, anti-inflammatory, promoting blood circulation, detoxification, anti-allergy and removing blood stasis, can not be used in non-medical, pharmaceutical and medical device advertisements; In cosmetics, slogans such as antibacterial, bacteriostatic, degerming, sterilization and anti-bacteria cannot appear.

  There are also many advertising cases that illegally use absolute terms. For example, Huazhi Further Education School claimed that "the highest passing rate is created every year" and "the predicted sprint ensures more than 80% hits", which constituted a false advertisement. It also illegally used absolute terms such as "the most perfect course", "the most complete course system" and "the highest cost performance", and illegally used the guarantee promise of "ensuring to pass the Shanghai civil service examination at one time", and was fined 200,000 yuan according to law.

  According to Ying Jun, one of the highlights of the new advertising law is the comprehensive protection of minors from the perspectives of behavior norms and rights and interests. For example, minors under the age of 10 are not allowed to speak for themselves, not to carry out advertising activities in primary and secondary schools and kindergartens, and not to publish a series of regulations such as alcohol, cosmetics and beauty advertisements in children’s channels. Therefore, when the industrial and commercial departments enforce the law, they also focus on monitoring the content of minors’ protection.

  "In law enforcement, we found that some training institutions and children’s brands have more celebrity children’s endorsements through Weibo and WeChat WeChat official account." Ying jun introduced. For example, "Dada English" used the images of 10 young stars under the age of 10 in its own website advertisements, and the screenshots of Weibo released by these young stars or their guardians on Sina Weibo, including photos of young stars receiving English training from their clients, positive evaluation of the training, etc., which constituted the use of minors under the age of 10 as advertising spokespersons and the use of beneficiaries’ names (images) for recommendation and proof, and was fined 400,000 yuan according to law.

  Ying Jun said that for some enterprises that still illegally use minors under the age of 10 as advertising spokespersons in advertisements, the regulatory authorities will pay close attention to them and investigate and deal with them in strict accordance with the law.