Anti-deception network news: Tea has a long history in China's history, China is the birthplace of tea, is the world's earliest discovery, breeding and cultivation of tea plants, processing, the use of tea countries, but also the world's largest tea producer, consumer and trading country one of the world's largest tea producers, consumers and traders. In recent years, a variety of tea products have begun to become popular on the Internet, and the "Changqing Sanren Tea" that received a lot of attention in early 2022 is one of them.
So what kind of platform background does Changqing Sanren Tea have? What is the relationship between Weiyibei and Guangming New Retail? Is Han Gang, the founder of the one system, the trader of Wei Yibei? Is there an exaggeration of the online promotional materials on Changqing Sanren Tea? What legal risks have been pointed out by experts in the current bonus system of Weiyibei? Why does the official website still think that Weiyibei is a platform with the characteristics of "zero risk", "small investment, large return" and so on?
Prefer good tea? Illegal publicity
It is reported that Changqing Sanren Tea is the core product of The Weiyibei platform, Weiyibei claims to be a "one-click membership procurement platform mall", the main body of the business is Weiyibei E-commerce (Shanghai) Co., Ltd., the company was established on December 15, 2021, the legal representative Dong Yu, the shareholders have Dong Yu (major shareholder), Chen Faqiong, the registered capital of 1 million yuan, the actual payment is unknown. At present, a series of trademarks applied for by the company for "Weiyibei" are still in the state of "registration application".
According to insiders, WeiYibei is currently in the internal scheduling and internal testing stage, before the official public account came out, the "Weiyibei" WeChat Mini Program for agents to report and shop has taken the lead. At present, in the promotional materials released by some Weiyibei promoters, Changqing Sanren Tea has been labeled as "the first choice for health in 2022".
According to public information, "preferred" is obviously an absolute term, and the word "first" has the meaning of "first, earliest, first", which belongs to the most advanced adjective. Therefore, the use of absolute terms such as "preferred" in the above-mentioned promotional articles and pictures violates the provisions of the first paragraph of article 9 of the Advertising Law: "Advertisements shall not have the following circumstances: (3) the use of national, highest, best and other terms", which constitutes the act of publishing illegal advertisements.
In addition, there are promotional pictures pointing out that Changqing Sanren Tea is the best-selling new product in 2022, and this advertising slogan is also obviously an absolute term, violating relevant regulations.
Health benefits, medical effects
The investigation found that Changqing Sanren Tea is essentially a solid beverage, the entrusted enterprise is Weiyibei E-commerce (Shanghai) Co., Ltd., the entrusted enterprise is Chengdu Runxintang Pharmaceutical Co., Ltd., the production license number is SC12751011550004, obviously, the product belongs to ordinary food, not health food or medicine.
However, in the promotional materials provided by some promoters, the product has health benefits and medical effects such as "improving the supply of qi and blood to the heart and spleen and gastrointestinal tract, alleviating sleep disorders, improving insomnia, improving sleep quality, and alleviating constipation".
Under the introduction of the official PPT, the use of the product has also been described as very extensive, and it seems that these symptoms marked in the following figure are also within the scope of the product's conditioning.
According to the relevant provisions of the State Food and Drug Administration on health food, foods with "improved sleep" effects are classified as "health foods".
The General Principles for the Labeling of Prepackaged Food of the National Standard for Food Safety (GB7718-2011) also stipulates that non-health foods shall not expressly or implicitly have health care effects. When non-health food advertisements promote health care functions, they may be characterized in accordance with the provisions of Article 9 (11) of the Advertising Law and the circumstances prohibited by the Regulations for the Implementation of the Food Safety Law. Non-health food advertising promotes health care functions, which is a false description of the performance and function of the food itself, which is easy to cause misunderstanding among consumers, and can be characterized by false advertising.
As for the medical effect of "alleviating constipation" mentioned in the relevant materials, Article 17 of the Mainland's Advertising Law also stipulates that except for advertisements for medical treatment, drugs and medical devices, it is forbidden to advertise any other advertisements involving disease treatment functions, and medical terms or terms that are easy to confuse the goods being marketed with drugs and medical devices are prohibited.
Not long ago, some merchants mentioned similar constipation relief effects in advertisements for ordinary foods, which eventually led to fines from the relevant regulatory authorities. At that time, the market supervision department also took this case as a warning to remind the majority of operators: in the process of business, to confirm whether they are operating food or drugs, and whether they have business qualifications, the operation of food must strictly abide by the relevant provisions of the Food Safety Law and the Advertising Law, operate in accordance with the law and integrity, do not exaggerate, false publicity, and do not deceive and mislead consumers.
The cases are constant and convincing?
In addition, the ingredients contained in Changqing Sanren tea have also been packaged to have health benefits such as improving immunity.
It is not difficult to see that under such a publicity offensive, there may be consumers who are misled by such promotional pictures, and then mistakenly think that Changqing Sanren Tea itself also has various functions of the ingredients contained in it. Article 4 of the Mainland's Advertising Law clearly states that "advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers". A few days ago, many places have issued relevant regulations: "Advertisements for other foods other than health foods shall not advertise that they have specific health care functions, nor shall they express or imply that they have specific health care functions by means of publicizing the role of certain ingredients."
In order to make consumers believe that Changqing Sanren tea really has the effect of improving sleep, improving constipation and other health care and even treatment, various related cases are also emerging.
Obviously, the emergence of these cases will also involve the use of assurances in the name of others or the use of implied methods to mislead their utility. Some insiders pointed out that the advertising of any product should be true and legal, and must not use the name of others to guarantee or imply that the efficacy of the product should mislead consumers. Any content that exaggerates the function, false publicity or other content that is easy to cause misunderstanding to consumers, violates relevant laws and regulations, or is suspected of false publicity.
Not long ago, there were also netizens in the drug price 315 online consultation about the true efficacy of this product, in this regard, the network replied: solid beverage is a classification of ordinary prepackaged food, as long as the name of the "solid beverage" is generally not a drug or health food, but belongs to ordinary food. "Mizuki Tai and Changqing Sanren Tea Solid Drink" is neither a medicine nor a health food, and has no specific health function or therapeutic effect, so consumers are advised to choose carefully.
In this report, we learned about the voice around Changqing Sanren Tea product is currently coming out on the Internet, about whether the packaging of the product is suspected of false publicity, in the next report, we will focus on how to interpret the current bonus system of Weiyibei, how the platform is related to Guangming New Retail, please continue to pay attention to the micro-business e-commerce research.
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Article source: WeChat e-commerce research