In practice, many businesses use some banned words in order to attract more customers. These illegal and false advertisements not only disrupt the normal order of the market, but also seriously affect the rights and interests of consumers. So what should be done when businesses are complained about using prohibited words in the advertising law? What are the penalties for violating prohibited words in the advertising law? The following is the content.
1. Handling complaints about using words prohibited by the Advertising Law 1. First call the Industrial and Commercial Bureau to see if you have encountered a scam, and verify the authenticity of the call. After confirming that the complaint is genuine Immediately remove advertising pages that are illegal or may be illegal. 2. Then you can find someone who is familiar with the Advertising Law to judge whether the reported content is indeed suspected of breaking the law. If it is suspected of breaking the law, immediately prepare a professional "Application for Reduction of Administrative Penalty". 3. If industrial and commercial personnel ask for relevant materials from merchants, such as order transaction records, business licenses, etc., do not rush to prepare the materials. By asking the lawyers of Business Law Communication, it is recommended to find someone to find out what evidence the Industrial and Commercial Bureau has before responding. . Therefore, the first time you go, be sure not to bring all the materials. When the Industrial and Commercial Bureau wants to access the backend of the product page, they can refuse on the grounds that "company confidentiality is involved". 4. After understanding the relevant matters, you can consult the Industry and Commerce Bureau to see if the matter can be resolved through negotiation. You must have a good attitude when asking, and show your determination to actively make corrections to the Industry and Commerce Bureau. Ask the Industry and Commerce Bureau for the contact information of the complainant, and strive to resolve the matter through negotiation. Generally speaking, industry and commerce will agree to negotiate. 5. When negotiating with the other party, you can ask the other party to withdraw the lawsuit and ask the other party to write a "Letter of Commitment to Cancel the Report." Lawyers at China Law Firm strongly remind you to be careful not to admit that you are breaking the law in the commitment letter, and to be as vague as possible about prohibited words. deal with. When negotiating with the other party, you should pay attention to the following matters: (1) During mediation, pay attention to the fact that there should be no words acknowledging your own violations of laws and regulations in the settlement transcript and settlement agreement. If it occurs, do not sign or seal it (2) It is best to make the reasons for settlement vague in the settlement agreement. Once you sign or seal the settlement agreement or transcript admitting your own violation, it is equivalent to giving the Industrial and Commercial Bureau self-indulgence. If you admit the evidence of violation, you may face losses in two aspects - 1. Fines of 200,000-1 million from the industry and commerce due to violations of laws and regulations 2. Compensation for whistleblowers/complainers
2. Violation of advertising Penalties for prohibited words in the law: For shops that use extreme words, points will be deducted and fines will be imposed once the illegal shops are found, with a fine ranging from 200,000 yuan to 1 million yuan. If the circumstances are serious, the store will be closed directly. Once a customer complains about extreme terms and the rights protection is successful, the entire compensation amount will be borne by the merchant. Therefore, sellers should pay attention, conduct self-examination and self-correction, and make timely corrections and changes to avoid being fined.
3. The prohibited words in the new advertising law are "national, world-class, superlative, best, largest, only, first, first choice, best, precise, top, highest, lowest, most, most" Tools, the cheapest, the latest, the most advanced, the latest technology, the most advanced science, international-level products, filling the domestic gap, absolute, exclusive, the first, the most advanced, the first brand, gold medal, famous brand, excellent, first, top, Exclusive, No. 1 in sales on the entire network, global debut, first release on the entire network, world leading, top craftsmanship, latest science, latest technology, most advanced processing technology, most fashionable, best, top, top, ultimate, most popular, trump card, sales Champion, first (No, 1, Top1), ultimate, permanent, ace, leader, leading brand, unique, exclusive, unique, unprecedented, unprecedented, omnipotent." The above is the knowledge about how to handle complaints about using banned words in advertising laws and the penalties for violating banned words in advertising laws. According to the content of the article, a reminder is that if a merchant finds that a banned word has been used in a complaint, he should first call the Industrial and Commercial Bureau for consultation. If confirmed, then negotiate with the other party to handle the matter. If you have any other legal knowledge you need to know, please feel free to contact us for consultation.