According to the website of the Shanghai Municipal Bureau of Market Supervision, Shanghai Wenfeng Hair And Beauty Co., Ltd. said that massage can cure the disease and was fined 100,000 yuan.
According to the administrative penalty decision, the parties concerned are the "Wenfeng Hair Salon beauty" brand owners, and from July 2021, in order to expand their business, better promote agarwood health massage services, and further enhance their performance, the parties purchased the "Zhizhen Agarwood Set Box" used by supporting agarwood moxibustion and distributed it to a total of 50 directly operated stores and brand franchise stores nationwide, and the product was mainly used for health care massage services in stores. At the same time, in order to cooperate with the publicity, the planning department of the parties concerned designed and edited itself according to the graphic information retrieved by Baidu, "July, August and September 2021 Wenfeng National Store Summer Moment Dedication Agarwood Moxibustion to Nourish the Heart, Moxibustion natural Agarwood Without adding moxa leaves, good taste, healthier... Deep aroma blood moxibustion can help customers achieve the four miracle effects of wetting cold, alleviating pain, supplementing Yuanyang, and regulating qi and blood" and other graphic advertising slogans, which were distributed to the heads of 50 stores across the country through WeChat groups or e-mail addresses on July 5, 2021, and instructed them to make the above advertising content into posters, cards and other forms to be released in the store.
In addition, the corporate journal "Today Wenfeng" (Issue 201, July 2021) produced and displayed by the parties themselves also contains advertising content such as "Deep aroma and blood moxibustion can help customers achieve 'dampness and cold, alleviate illness and pain, supplement Yuanyang, and adjust qi and blood'". The above-mentioned agarwood health care massage service does not have medical use, and the products in the "Perfect Agarwood Set Box" do not have the approval number of drugs and medical devices, and do not have the function of disease treatment. The above-mentioned advertising content is designed and edited by the planning department of the parties concerned, and has not been entrusted to others to produce, so the advertising cost cannot be calculated.
According to the Shanghai Hongkou District Market Supervision and Administration Bureau, law enforcement officers conducted relevant verifications of the parties' three chain brand franchise stores in Shanghai's Hongkou District (Shanghai Xiaoxiao Beauty Salon, Shanghai Hongkou District Chengfeng Beauty Salon and Shanghai Hongkou District Yanfeng Hair Salon) in accordance with the law. After verification, the above three chain brand franchise stores have printed posters with the above graphic advertising slogans and released them in the store.
According to the administrative decision penalty letter, the above-mentioned acts of the parties violated the provisions of article 17 of the Advertising Law of the People's Republic of China, which prohibits any advertisements involving disease treatment functions except advertisements for medical treatment and medical devices, and must not use medical terms or terms that are easy to confuse the goods being sold with drugs and medical devices", constituting the act of publishing illegal advertisements.
Based on the ascertained facts, on December 7, 2021, the Shanghai Hongkou District Market Supervision Bureau decided to impose the following administrative penalties on the parties: (1) ordering them to stop publishing advertisements and eliminating the impact within the corresponding scope; (2) fining rmb for 10,000 yuan.
Source: The Paper's Editor: Li Zheng