The red lips, white teeth and charming smile of Elephant Dee, a Taiwanese celebrity, who represents Crest toothpaste, were accompanied by her words, “Use the Crest dual-effect shining white toothpaste; in only one day teeth can really become white”, in a 2015 advertisement.
The use of this statement in their product promotion was to cost Crest a fine of ¥6.03 million for false advertising.In this instance, and in accordance with the Standards of Functional Toothpaste (QB/T 2966-2014), which came into force on 1st November, 2014, the effects of toothpaste must be substantiated by a Functional Effect Evaluation Report. Based on an investigation made by the Shanghai Municipal Bureau of Industry and Commerce, the whitening effect as shown in the advertisement was generated by excessive treatment by picture editing software, not the actual effect of using the toothpaste.
In accordance with the current Advertising Law of the People’s Republic of China (hereinafter referred to as the Advertising Law), which came into force on 1st September, 2015, an advertising spokesperson or a brand ambassador shall recommend or substantiate goods or services on the basis of facts and in compliance with the relevant provisions of this Law and other relevant laws and regulations, and shall not recommend or substantiate any goods they have never used or any service they have never received. An advertising spokesperson or a brand ambassador shall be fined for any recommendation or substantiation of goods or services they have never used or received or for any false advertising which they know or should have known was false.
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As an individual, a non celebrity, is it possible for you to violate advertising related laws and regulations? The answer is yes. Many of us sometimes forward interesting advertising on our WeChat Moments without much consideration, but the following story reminds us to be more cautious in doing so.
On August 16, 2016, a Mr. Zhang of Gaotai County in Gansu Province held a grudge against a local driving school, so he tampered with the advertising of the school and entrusted a Mr. Chen to post and disseminate such. After receipt of a payment, Chen disseminated the advertising on his WeChat Moments to thousands of friends, without conducting any examination or check as to the contents of the advertising. Although Chen subsequently clarified and corrected the contents after knowing the facts, his act damaged the market environment of fair competition and thus caused a negative effect on the business operation of the driving school. After finding the facts, the Bureau of Industry and Commerce imposed an administrative penalty on Chen in accordance with the law.
In the Digital Media era, many people post or forward advertisements on their social media. In accordance with Article 2 of the Advertising Law, an individual or a natural person can be advertiser, advertising agent, advertising publisher and advertising spokesman, subject to the Advertising Law, and in accordance with Article 3 of the Interim Measures on Management of Internet Advertising. “Internet Advertising” is defined as commercial advertising for the promotion of goods and services directly or indirectly in words, pictures, audio, video, or other forms, through website, webpage, online applications and other Internet media. Therefore, even common people who post or forward advertising through their social media applications shall be subject to the Advertising Law and the Interim Measures.
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So how do you avoid any possible liability or penalty for an illegal advertising activity? Generally speaking, advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers. Advertisers shall be responsible for the truth of the contents of an advertisement. An advertiser, advertising agent and advertising publisher shall conduct advertising activities in compliance with the laws and regulations and in good faith, and compete in a fair way.
DISCLAIMER
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners
