Xu Rui household necessities business division
This paper summarizes the cases of improper claims for cosmetics in recent years, and sorts out the illegal claims for reference by enterprises.
Penalty date:
202110122 October
Illegal claim: medical terms such as "honeysuckle". Flower extract has strong skin penetration, antibacterial, fat-reducing and skin-beautifying effects, but the above products are ordinary cosmetics. Cosmetics claim to be "antibacterial" and are suspected of using medical terms.
Punishment: Violation of Article 17 of the Advertising Law of People's Republic of China (PRC), with a fine of 20,000 yuan.
Penalty date:
2021101October 26th
Illegal claim:
Through the new oxygen platform, the medical beauty clinic publicizes the medical beauty project of "injecting autologous fat into the subcutaneous fat layer of the face", which can achieve the effect of "injecting children's faces with heart-shaped face layer by layer for three days without makeup burden" and ensure the curative effect and safety. As of the penalty publicity date, no true and accurate data source has been provided for confirmation.
Illegal situation:
Publish medical beauty advertisements that assert or guarantee curative effect and safety.
Punishment intensity:
Violation of Item (1) of Article 16 of the Advertising Law of People's Republic of China (PRC), ordering the parties concerned to immediately stop publishing illegal advertisements, eliminating the influence within the corresponding scope, and imposing a fine of 6,543,800 yuan+0,290 yuan.
Penalty date:
2021101October 27th
Illegal claim:
On the product introduction page, it is described that the product has the function of "sun protection and whitening" and the words "SPF50 PA++" are attached. This product is a common cosmetic made in China. By the end of the investigation of this case, the parties failed to provide the test report or relevant certification materials of the products involved with the function of "sun protection and whitening".
Illegal situation:
Ordinary cosmetics claim special beauty effects.
Punishment intensity:
Violation of the first paragraph of Article 4 of People's Republic of China (PRC) Advertising Law constitutes the second paragraph of Article 28 of People's Republic of China (PRC) Advertising Law, and the fine is 1 000 yuan.
Penalty date:
2021101October 28th
Illegal claim:
1) The beauty clinic publishes medical advertisements on a certain platform, such as "combining deep and shallow layers to attract-prevent rebound, and combining deep and shallow layers to attract evenly ... to achieve a liposuction rate of no less than 90% at a single site ...", and asserts and guarantees that the liposuction rate is no less than 90%.
2) When the parties issue promotional activities, the displayed price information also includes the cross price. The price information displayed on many products in the nose is RMB 6980 (cross price RMB13960) ... The definition of cross price is not explained in the page of the above service items, and both parties fail to provide the transaction records of cross price of the above items.
Illegal situation:
○ Publish medical beauty advertisements that assert or guarantee efficacy and safety.
Deceive consumers by using false or misleading price means.
Punishment intensity:
Violation of Item (1) of Paragraph 1 of Article 16 of People's Republic of China (PRC) Advertising Law and Item (4) of Article 14 of People's Republic of China (PRC) Price Law, with a fine of 200,000 yuan.
Penalty date:
202110129 October
Illegal situation:
The content of cosmetic label ingredients is not true.
It is untrue and inaccurate to mark "15% azelaic acid" outside the hose inside the product without the detailed proportion of azelaic acid in the product filing formula table and the production feeding table, and the content and composition of azelaic acid have not been detected before the product goes on the market.
Punishment intensity:
Violation of the first paragraph of Article 35 of the Regulations on the Supervision and Administration of Cosmetics, confiscation of illegal income of 30,000 660 yuan, fine of 20,000 yuan, and total confiscation of 23,660 yuan.
Penalty date:
202 1 year 1 1 month/day
Illegal claim:
Hanging a picture frame with a white coat, the publicity content: the technical director of the International Medical Beauty Center, an expert in eye sculpture, and a well-known expert in international anti-aging research ... The picture frame with a white coat, the publicity content: the chief expert in rhinoplasty in China, an expert in facial contour and facial features carving ... The above publicity content is not true.
Illegal situation:
Publish false medical beauty advertisements
Punishment intensity:
Violation of the provisions of Item (2) of Paragraph 2 of Article 28 of the Advertising Law of People's Republic of China (PRC) (20 18), the party concerned is now ordered to correct the above illegal acts and fined 1350 yuan.
Penalty date:
202 1 1 1.2
Illegal claim:
○' s product introduction page ... contains such things as "... and other natural plant extracts ... to prevent alopecia ... and also has certain curative effect on seborrheic alopecia, alopecia areata, women's sparse alopecia, postpartum alopecia, etc ...", which promotes that the product has anti-shedding effect, and the actual product is ordinary cosmetics, but has no anti-shedding effect.
○' s product introduction page ... contains such things as "rich in extracts of Polygonum multiflorum Thunb, rosemary, ginseng, etc ... to prevent hair loss and fix hair ...", which promotes that the product has the effect of preventing hair loss. The actual product is ordinary cosmetics, which does not contain the effect of preventing hair loss, and does not contain Polygonum multiflorum Thunb and ginseng.
Illegal situation:
Publish false advertisements, introducing the functions and components of products that are inconsistent with the actual situation.
Punishment intensity:
Violation of the second paragraph of Article 28 of the Advertising Law of People's Republic of China (PRC), ordered to stop publishing illegal advertisements, ordered to eliminate the influence within the corresponding scope, and fined 6.5438+0.2 million yuan.
Penalty date:
2021165438+1October 6th
Illegal claim:
Cosmetics claim medical efficacy. In order to promote the product and attract customers, the parties published publicity contents such as "eliminating dampness to help sleep" and "relieving dysmenorrhea" in the product publicity page.
Punishment intensity:
In violation of Article 17 of the Advertising Law of People's Republic of China (PRC), the party concerned shall be ordered to immediately stop publishing the above advertisements and eliminate the influence within the corresponding scope, and be fined 30,000 yuan.
Penalty date:
20211/month
Illegal claim:
Publish a false advertisement "Edible Lipstick, Edible Formula" on the product introduction page.
Punishment intensity:
Violation of Item (2) of Paragraph 2 of Article 28 of the Advertising Law of People's Republic of China (PRC), with a fine of 1200 yuan.
Penalty date:
202 1 12 16
Illegal claim:
In its brochure, it uses such terms as "delivering polyglutamic acid which is 0/0 times more moisturizing than hyaluronic acid/kloc-0 to activate skin moisturizing factor", "stimulating collagen regeneration, anti-aging, reversing age, slowing down aging speed, making ordinary facial mask for 30 times", "improving immunity, improving sub-health and enhancing resistance" for misleading commercial publicity. Without any basis, the parties exaggerate the beauty and fitness items in their brochures, which is easy to cause improper association of the audience and mislead consumers.
Punishment intensity:
Violation of the first paragraph of Article 8 of the Anti-Unfair Competition Law of People's Republic of China (PRC), and a fine of 20,000 yuan.
Penalty date:
202 1 65438+ February
Illegal claim:
When publishing false cosmetics advertisements, the parties used advertising terms such as "the effect of losing the scale is a bit harsh", "you can burn Z fat after washing your body" and "taking a bath is equivalent to burning 300 calories". The parties concerned cannot provide proof of the efficacy of losing weight and burning fat and the use data in the advertisements of the products involved.
Punishment intensity:
Violation of the first and second paragraphs of Article 43 of the Regulations on the Supervision and Administration of Cosmetics and the first paragraph of Article 4 of the Advertising Law of People's Republic of China (PRC), confiscation of illegal income of 302.4 yuan and a fine of 1000 yuan.
Penalty date:
202165438+February 20th.
Illegal claim:
In order to increase the sales volume, the parties posted the product advertisement of the company's "caviar series products" in their WeChat circle of friends, and the publicity page was marked with such efficacy contents as "light spot", "anti-inflammatory" and "bright white". After investigation, the above products have no "bright spot" and "bright white" effects. The advertisement of the above products uses the medical term of "anti-inflammatory", and the products are ordinary cosmetics, non-drugs or medical devices.
Illegal situation:
Publish false advertisements.
○ Use medical terms to publish product advertisements.
Punishment intensity:
Violation of Articles 4 and 17 of the Advertising Law of People's Republic of China (PRC), with a fine of 65,438+10,000 yuan.
Penalty date:
202165438+February 23rd.
Illegal claim:
In the product promotion, it says "Anti-inflammatory Essence Award of the Year, using the original anti-inflammatory and soothing raw material group PL-Relief, which can effectively diminish inflammation and soothe skin ……" and so on. , involving medical terms.
In the parameter column of the product "Lifelong Research on Vitamin C Brightening Essence", the effect of "whitening" is written. In fact, this product is a domestic non-special purpose cosmetic.
Illegal situation:
○ Using medical terms in cosmetic advertisements
○ Misleading the product.
Punishment intensity:
Violation of Article 17 of the Advertising Law of People's Republic of China (PRC) and Article 20 of the Law on the Protection of Consumer Rights and Interests of People's Republic of China (PRC), resulting in a total fine of 6,543.8+0.5 million yuan.
Penalty date:
202165438+February 27th
Illegal claim:
Publish false advertisements, and introduce brands with advertisements of "A brand | Health Management of Traditional Chinese Medicine, designated practice base of Jiangxi University of Traditional Chinese Medicine, and the only designated Chinese medicine institution affiliated to the heat-sensitive moxibustion project of Jiangxi Provincial Hospital of Traditional Chinese Medicine". The parties cannot provide any evidence or proof to prove it. ...
Punishment intensity:
Violation of Article 4 of the Advertising Law of People's Republic of China (PRC), with a fine of 4,000 yuan.
Date of punishment: February 9, 2022
Illegal claim:
Publish false advertisements.
Counterfeit patent
In order to highlight the effect of their products and attract more customers to buy them, the parties fabricated the effect of the above-mentioned products through time expression ... The patent number of the above-mentioned products used by the parties is 20 15 10943689.6, and its name is composition containing γ -aminobutyric acid and hyaluronic acid and its application in cosmetics. The patented ingredients do not contain botulinum toxin or botulinum toxin, and the above product details page is not marked with the above patent number. Because the efficacy of γ -aminobutyric acid is similar to that of botulinum toxin, the parties mistakenly think that the name of botulinum toxin can be promoted as a patented component.
Punishment intensity:
Violation of Articles 4 and 12 of the Advertising Law of People's Republic of China (PRC), and violation of Item (3) of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), with a fine of 1 000 yuan.
Penalty date:
February 2022 14
Illegal claim:
Cosmetics claim medical terminology, and the parties publish product advertisements on Tmall platform to promote that "low deuterium water" has the effect of "controlling diabetes and cardiovascular diseases and having antidepressant effect". In fact, this product is a non-special cosmetic (ordinary cosmetic).
Punishment intensity:
Violation of Article 17 of the Advertising Law of People's Republic of China (PRC), with a fine of 3000 yuan.
Penalty date:
February 2022 18
Illegal situation:
Use false or misleading propaganda to mislead consumers when selling goods.
When one party promotes "a certain brand of salicylic acid mud film ..." in an online shop, the product details page promotes "brand A", and the product name on the sales invoice sent to consumers is "brand A salicylic acid mud film", but the product received by consumers is actually "brand B salicylic acid clean mud film" ...
Punishment intensity:
In violation of the provisions of Item (2) of Article 6 of the Measures for Punishment of Infringement on Consumers' Rights and Interests, 500 yuan was fined.
Penalty date:
February 23(rd), 2022
Illegal claim:
Publish false advertisements, publish products under the title of "Essence of a certain brand (whitening essence)", and publicize the advertising contents such as "Brightening and rejuvenating skin with' black technology', meeting your 14-day whitening needs, diluting stubborn spots, repelling dull old acne marks, and repairing anti-aging" in advertising pictures.
Punishment: Violation of Article 4 of People's Republic of China (PRC) Advertising Law, with a fine of 2600 yuan.
Penalty date: