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What are the typical cases of false and illegal advertising?

1. Case of false advertising issued by Ningbo Xiangshan Nishitang Medical Technology Co., Ltd.

The parties concerned published relevant introductions about "Old "Ni Plaster" (medical device) function advertisement, the advertisement content contains safety assertions or guarantees, explanations of cure rates, etc., and the advertisement content has not been approved by the relevant departments. This behavior violates the "Advertising Law of the People's Republic of China and the People's Republic of China" Article 4, Article 16 and Article 28.

In accordance with Article 55 of the "Advertising Law of the People's Republic of China", the Xiangshan County Market Supervision and Administration Bureau ordered the party to stop publishing, eliminate the impact within the corresponding scope, and fined the party RMB 800,000. Yuan of punishment. Since the illegal behavior of the parties involved is also suspected of constituting the crime of false advertising, the case has been handed over to the public security department for handling according to law.

2. The case of illegal printed advertisements issued by Hangzhou Xunhuo Education Consulting Co., Ltd.

The party issued printed advertisements at the business premises of its Shangcheng branch. The content of the advertisement contained "the most illegal advertisement in Hangzhou". Absolute terms such as "Strengthening the High School Entrance Examination Science Teacher Group" and other absolute terms also include "High School Entrance Examination Commitment Class", "Commitment to the top three/top eight (Hang Two, Xuejun Hang Gao)" and other contents to ensure the effect of education and training. Sexual commitment, this behavior violates the provisions of Articles 9 and 24 of the Advertising Law of the People's Republic of China.

The Shangcheng District Market Supervision and Administration Bureau of Hangzhou City, in accordance with Articles 57 and 58 of the Advertising Law of the People's Republic of China, ordered the parties to stop publishing, and within the corresponding scope. The impact will be eliminated within a certain period of time and a fine of RMB 300,000 will be imposed.

3. The case of Wenzhou Yueqing Xiehe Traditional Chinese Medicine Clinic publishing online advertisements that have not been approved by relevant departments and cannot be closed with one click

The parties posted on their own website pages that have not been approved by relevant departments. Medical advertising, and the advertising page cannot be closed with one click. This behavior violates Articles 44 and 46 of the Advertising Law of the People's Republic of China. In accordance with Articles 58 and 63 of the Advertising Law of the People's Republic of China, the Yueqing Municipal Administration for Market Regulation ordered the parties to stop publishing, eliminate the impact within the corresponding scope, and fined the parties RMB 12,000. punishment.

IV. Online false advertising case involving Zhejiang Suwang E-commerce Co., Ltd. publishing fictitious data

The advertisement posted by the party on the page of a certain brand’s official flagship store contained “Focus on oral care for 66 years” , "Focus on the technology of electric toothbrushes for 66 years to provide caring care for children", "Give children a happy childhood without tooth decay", "5600 times/min brings higher cleaning power, cleans plaque without leaving any dead spots", "Quickly cleans, 5600 Speed ??per minute" and other contents.

The relevant data did not indicate the source, and no valid supporting materials could be provided to prove it. This behavior violated Article 11, Paragraph 2 and Article 28 of the Advertising Law of the People's Republic of China. The provisions of paragraph 2. In accordance with Articles 55 and 59 of the Advertising Law of the People's Republic of China, the Hangzhou Municipal Administration for Market Regulation ordered the parties to stop publishing and fined them RMB 97,000.

5. Online false advertising case involving Zhejiang Runjie Environmental Technology Co., Ltd. publishing fictitious honorary titles

On the website page, the parties falsely claimed to have obtained "National Key High-tech Enterprise", " "Zhejiang Provincial High-tech Enterprise", "Zhejiang Provincial Environmental Protection Industry Association Group Member Unit", "Zhejiang Provincial Industrial and Commercial Enterprise Credit AA Level Contract-abiding and Credit-worthy Unit" and other honorary titles. This behavior constitutes the "Advertising Law of the People's Republic of China and the People's Republic of China" 》Article 28 Case

6. Yongkang Gutai Industry and Trade Co., Ltd. released a false advertisement case that falsely claimed to have obtained a patent right

The parties involved wanted to improve the reputation of their products and Market competitiveness, without obtaining patent rights, without authorization published fictitious "Utility Model Patent Certificate", "Appearance Patent Certificate", " False propaganda is made through pictures and materials such as “Testing Laboratory with National Laboratory Standards”.

This behavior violates the provisions of Article 12, Paragraph 2, of the Advertising Law of the People's Republic of China, and also constitutes the content specified in Article 28, and is a false advertisement. Behavior. In accordance with Articles 55 and 59 of the Advertising Law of the People's Republic of China, the Yongkang Municipal Administration for Market Regulation ordered the parties to stop publishing and fined them RMB 10,000.

7. The case of illegal real estate advertisements released by Hangzhou Juji Real Estate Agency Co., Ltd.

The parties were selling real estate developed by a real estate company in Huzhou as an agent in Wuxing District, Huzhou City, and the parties announced in the sales hall Poster advertisement, containing "Unlimited money potential, ten years of hosting". Taking the total price of a shop as an example, the rental income is 6% in the first year, 7% in the second and third years, and 7% in the fourth and fifth years. Annual rental income of 8%" and other content that contains the promise of appreciation or investment return.

This behavior violated Article 26 of the Advertising Law of the People’s Republic of China. In accordance with Article 58 of the Advertising Law of the People's Republic of China, the Wuxing District Market Supervision and Administration Bureau of Huzhou City ordered the party to stop publishing and fined the party RMB 100,000.

8. Tongxiang Dingyang Trading Co., Ltd.’s advertising case involving the use of terms confusing for ordinary goods and medicines

On the paper handbag of the mulberry wine produced by the party, it was advertised as “mainly treating Yin blood” Symptoms such as dizziness, tinnitus, palpitations, soreness of waist and knees, premature graying of hair and beard, thirst, dry mouth, and constipation caused by insufficient mulberry fruit: nourish the liver and kidneys, nourish yin and blood, have special effect on black hair, and relieve constipation. Wind, clearing the liver and improving eyesight, relieving hangover, improving sleep, improving human immunity, delaying aging, beautifying the skin, lowering blood lipids, preventing cancer, etc.

This behavior violated Article 17 of the Advertising Law of the People's Republic of China. In accordance with Article 58 of the Advertising Law of the People's Republic of China and the People's Republic of China, the Tongxiang Municipal Administration for Market Regulation ordered the parties to stop publishing, make public corrections to eliminate the impact, and fined the parties RMB 11,000.

9. The case of Shanghai Hengque Investment Management Co., Ltd.’s Zhoushan Dinghai Branch publishing illegal investment and financial management advertisements

The parties concerned printed “Hengque Wealth” on the promotional paper distributed to the public. , mortgaged and guaranteed; Hengque Wealth promises you that if the borrower defaults, the company will repurchase it in full! During the trial operation period, you can enjoy 10% interest on active products for 15 days, and the company's annualized product income will reach 15.5%." and other contents, this behavior violated the provisions of Article 25 of the Advertising Law of the People's Republic of China.

In accordance with Article 58 of the Advertising Law of the People's Republic of China, the Dinghai Branch of the Zhoushan Municipal Administration for Market Regulation ordered the parties to stop publishing, eliminate the impact within the corresponding scope, and fined the parties RMB A penalty of 80,000 yuan.

10. Lishui Dingteng Excavator Parts Business Department issued an illegal advertisement using the name of a national leader

The party concerned published the content in the control area of ??the building of the business department with the content "You go and ask "Ask ***, is the SANY excavator strong? Ask ***, is the SANY excavator good?" The outdoor advertisement also contains the absolute term "national sales number one". This behavior violates the " Article 9 of the Advertising Law of the People's Republic of China.

The Market Supervision and Administration Bureau of Liandu District, Lishui City, in accordance with Article 57 of the Advertising Law of the People's Republic of China, ordered the party to stop publishing and fined the party RMB 200,000. The parties involved were ordered to stop publishing, eliminate the impact within the corresponding scope, and were fined RMB 15,000.

Extended information:

"Advertising Law of the People's Republic of China"

Article 57 Anyone who commits any of the following acts shall be prosecuted by the industrial and commercial administration The management department orders the advertisement to stop publishing, and imposes a fine of not less than 200,000 yuan but not more than 1 million yuan on the advertiser. If the circumstances are serious, the business license may be revoked, the advertisement review and approval document shall be revoked by the advertising review authority, and the advertisement shall not be accepted within one year. Review the application;

For advertising operators and advertising publishers, the industrial and commercial administration department will confiscate advertising fees and impose a fine of not less than 200,000 yuan but not more than 1 million yuan. If the circumstances are serious, the business may be revoked. License, revocation of registration certificate for advertising publishing:

1. Publishing advertisements with prohibited circumstances specified in Articles 9 and 10 of this Law;

2. Violation of Article 10 of this Law Article 5 stipulates the publication of advertisements for prescription drugs, advertisements for pharmaceutical precursor chemicals, and advertisements for medical equipment and treatment methods for drug treatment;

3. Violating the provisions of Article 20 of this Law, publishing all or part of claims Advertisements for infant dairy products, beverages and other foods that replace breast milk;

4. Violation of Article 22 of this Law in publishing tobacco advertisements;

5. Violation of Article 22 of this Law Article 37 stipulates that advertising is used to promote products or services that are prohibited from being produced or sold, or goods or services that are prohibited from advertising;

6. Violation of Article 40, Paragraph 1 of this Law , publishing medical, pharmaceutical, health food, medical equipment, cosmetics, alcohol, beauty advertisements, as well as online game advertisements that are detrimental to the physical and mental health of minors on mass media targeted at minors.

People's Daily Online - Zhejiang Provincial Administration for Industry and Commerce announced ten typical cases of illegal advertising

Baidu Encyclopedia - Advertising Law of the People's Republic of China and the People's Republic of China