(Health Times reporter Gao Ruirui) How to define advertising spokespersons and advertising endorsement activities? What do advertisers need to focus on in their ad endorsement campaigns? On February 9, the Shanghai Municipal Bureau of Market Supervision disclosed that it had recently formulated and issued the "Compliance Guidelines for Commercial Advertising Endorsement Activities".
The Guidelines clearly point out that advertising spokespersons refer to natural persons, legal persons or other organizations other than advertisers who recommend or certify goods or services in their own name or image in advertisements. An advertising endorsement activity is a commercial advertising activity in which an advertising spokesperson is entrusted by an advertiser (commodity operator or service provider) to recommend or prove the advertiser's goods or services in his own name or image in an advertisement.
In the period of the rise of live streaming with goods, whether it is Internet celebrities or celebrities carrying goods in the live broadcast room, "the lowest in the whole network", "absolutely high cost performance", "absolutely no loss when buying" has almost become their common language.
It is understood that the Shanghai Municipal Bureau of Market Supervision also clarified in the "Guidelines" that in online live broadcast activities, if the live broadcast content constitutes a commercial advertisement, participate in the network live broadcast, and recommend and prove the goods and services in its own name or image, it should perform the legal responsibilities and obligations of the advertising spokesperson; in the variety show containing commercial implanted advertisements, the participating star artists, celebrities, etc., in their own name, have recommended and proved the implanted goods and services (such as through creative interpolation, plot design and other forms of advertising). In accordance with the definition of an advertising spokesperson, the legal responsibilities and obligations of the advertising spokesperson shall be performed.
It is worth noting that the Guidelines make it clear that advertisements for medical treatment, drugs, medical devices, health foods, and formula foods for special medical purposes shall not use advertising spokespersons as recommendations or certificates, and if there are any of the above circumstances, the market supervision departments shall confiscate the illegal gains and impose a fine of not less than one time but not more than twice the illegal gains; according to the Advertising Law of the People's Republic of China, if the advertising spokesperson endorses false advertisements for goods or services related to the life and health of consumers, causing harm to consumers, The advertising spokesperson shall bear joint and several liability with the advertiser; where false advertisements endorsing other goods or services cause harm to consumers, the advertising spokesperson shall bear joint and several liability with the advertiser if he knows or should have known that the advertisement is false and still makes recommendations or proofs.
The Health Times reporter combed and found that the "Guidelines" also clarified the negative list of 21 advertising endorsement activities. From the natural person, legal person or other organization that cannot act as a spokesperson for commercial advertisements, the advertisement of goods or services that must not be endorsed by advertising spokespersons or some special subjects, the orientation problems that must not appear in advertising endorsement activities, and other advertisements that cannot be endorsed, the negative list of 21 commercial advertising spokesperson qualifications and related advertising endorsement activities is listed.
To this end, the Shanghai Municipal Bureau of Market Supervision reminded in the Guidelines that advertisers need to pay attention to four precautions in advertising endorsement activities: one is to carefully choose a spokesperson; the second is to choose a spokesperson suitable for product or service promotion; the third is to provide products or services; and the fourth is to timely dispose of illegal endorsement advertisements.
