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【Case Introduction】
In February 2018, the law enforcement officers of the XX Market Supervision and Administration Bureau inspected a company according to the law according to the complaints .
Law enforcement officers opened the company 's flagship store on Taobao and Tmall on the spot, and found a product detail picture in the store called "cooked shrimp skin without sandbag baby shrimp snacks" containing ".
.
.
less water and less salt.
.
.
" and other advertisements .
Law enforcement officers asked the parties to provide the physical product of the above-mentioned dried shrimp, and found that the nutritional composition table marked on the outer packaging sodium content per 100 grams was 1590 mg, while the nutritional value of prepackaged food according to GB 28050-2011 National Food Safety Standard "General Principles of Labeling ", "sodium content ≤ 120mg/100g 100ml, only low sodium ( low salt , reduced salt), the party claimed on the website that "low salt" was suspected of false propaganda .
After investigation, the party announced on January 15, 2018.
Start publishing the above advertisements, and the involved advertisement cost is 700 yuan .
Law enforcement officers opened the company 's flagship store on Taobao and Tmall on the spot, and found a product detail picture in the store called "cooked shrimp skin without sandbag baby shrimp snacks" containing ".
.
.
less water and less salt.
.
.
" and other advertisements .
Law enforcement officers asked the parties to provide the physical product of the above-mentioned dried shrimp, and found that the nutritional composition table marked on the outer packaging sodium content per 100 grams was 1590 mg, while the nutritional value of prepackaged food according to GB 28050-2011 National Food Safety Standard "General Principles of Labeling ", "sodium content ≤ 120mg/100g 100ml, only low sodium ( low salt , reduced salt), the party claimed on the website that "low salt" was suspected of false propaganda .
After investigation, the party announced on January 15, 2018.
Start publishing the above advertisements, and the involved advertisement cost is 700 yuan .
【process result】
The advertisements published by the parties with the content of "less water and less salt" do not conform to the actual quality of the products, and belong to the performance, function, place of origin, and use of the products in Article 28, paragraph 2 (2) of the Advertising Law of the People's Republic of China.
, quality, specifications, ingredients, price, producer, expiration date, sales status, honors and other information, or the content, provider, form, quality, price, sales status, honors and other information of services, and related products Or the service-related promises and other information are inconsistent with the actual situation, and have a substantial impact on the purchase behavior.
Content misunderstood by people to deceive and mislead consumers constitutes false advertising
.
" According to Article 55, Paragraph 1 of the Advertising Law of the People's Republic of China, "If a false advertisement is published in violation of the provisions of this Law, the market supervision and administration department shall order it to stop publishing the advertisement, order the advertiser to eliminate the influence within the corresponding scope, and impose a fee on the advertisement.
A fine of not less than three times but not more than five times, and if the advertising expenses cannot be calculated or is obviously too low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed; if there are three or more illegal acts within two years or there are other serious circumstances, the advertisement expenses shall be imposed A fine of not less than five times but not more than ten times, and if the advertising expenses are incalculable or significantly low, a fine of not less than one million yuan but not more than two million yuan shall be imposed, the business license may be revoked, and the advertising review authority shall revoke the approval document for advertising review, within one year It is decided to order the parties to stop publishing the above-mentioned advertisements involved in the case, eliminate the impact within the corresponding scope, and impose a fine of 3,000 yuan
.
, quality, specifications, ingredients, price, producer, expiration date, sales status, honors and other information, or the content, provider, form, quality, price, sales status, honors and other information of services, and related products Or the service-related promises and other information are inconsistent with the actual situation, and have a substantial impact on the purchase behavior.
Content misunderstood by people to deceive and mislead consumers constitutes false advertising
.
" According to Article 55, Paragraph 1 of the Advertising Law of the People's Republic of China, "If a false advertisement is published in violation of the provisions of this Law, the market supervision and administration department shall order it to stop publishing the advertisement, order the advertiser to eliminate the influence within the corresponding scope, and impose a fee on the advertisement.
A fine of not less than three times but not more than five times, and if the advertising expenses cannot be calculated or is obviously too low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed; if there are three or more illegal acts within two years or there are other serious circumstances, the advertisement expenses shall be imposed A fine of not less than five times but not more than ten times, and if the advertising expenses are incalculable or significantly low, a fine of not less than one million yuan but not more than two million yuan shall be imposed, the business license may be revoked, and the advertising review authority shall revoke the approval document for advertising review, within one year It is decided to order the parties to stop publishing the above-mentioned advertisements involved in the case, eliminate the impact within the corresponding scope, and impose a fine of 3,000 yuan
.
【Warning Education】
As consumers pay more and more attention to healthy eating habits, when choosing food, they especially like those foods that claim to have special quality, especially for children and the elderly, such as "low energy", "high protein", "low energy" Fat, nonfat", "no sugar, less sugar", "low salt, less salt",
etc.
Since food is closely related to human health, there are strict food safety standards for the related properties of food
.
When businesses publish advertisements to attract consumers to buy, they should make advertisements strictly according to the actual quality of food, so as not to mislead consumers
.
When consumers buy food, they should not be fooled by the claims of the merchants, and should carefully check the detailed information such as the ingredient list and nutritional composition list, and choose the product that suits them
.
etc.
Since food is closely related to human health, there are strict food safety standards for the related properties of food
.
When businesses publish advertisements to attract consumers to buy, they should make advertisements strictly according to the actual quality of food, so as not to mislead consumers
.
When consumers buy food, they should not be fooled by the claims of the merchants, and should carefully check the detailed information such as the ingredient list and nutritional composition list, and choose the product that suits them
.