In recent years, small molecule peptides have become more and more popular in the health care product market, and even some people believe that "peptides can make patients with high blood pressure, hyperglycemia, hyperlipidemia, cataracts, bone and joint diseases energetic, white hair turning black, the more drugs are eaten, the more the body eats the better." With the support of such "theory", a variety of peptide-containing products have also begun to appear in the public's field of vision, and Weiyuntao Mall is a platform for selling peptide-containing products.
So what is the background of Weiyuntao? Do a variety of foods with the natural by-health brand have health benefits such as improving sleep, nourishing the stomach and protecting the stomach, as well as medical effects related to disease prevention? Compared with the early days of the project in 2019, how has the current bonus system of Weiyuntao changed? What legal risks have been pointed out by experts in the platform's current bonus system?
Company background, health preferred?
Weiyuntao is a brand of Sichuan Mengchuang Qingchen E-commerce Co., Ltd., according to the official website, the platform is committed to spreading the concept of health, while helping Healthy China 2030, so that health into thousands of households. By carrying forward the traditional Chinese culture of "filial piety to the world", more people are inspired to be like-minded and knowledgeable. After investigation, Sichuan Mengchuang Qingchen E-commerce Co., Ltd. was established on March 20, 2018, the legal representative Chen Yufen, the shareholders are Chen Yufen (major shareholder) and Liu Sheng, the registered capital of 10 million yuan, according to the 2020 annual report, the company's shareholders paid up capital and employee insurance are as follows:
Li Chenxiao is the founder and actual controller of Mengchuang Group and Weiyuntao, who was also the controlling shareholder of the company in the past. According to public information, his English name is LOUIS, born in Yili, Xinjiang on November 10, 1992, graduated from Xinjiang University, and won the title of Sichuan Top Ten Outstanding Young Entrepreneurs in 2018; was elected As the Extraordinary Employer of the Year in 2019; in the same year, he won the "Best Innovation Award" issued by the Boao Forum on Social New Retail Innovation Model.
On April 15, 2019, the Weiyuntao Global Launch Conference was officially held; on September 5, 2019, Weiyuntao Mall launched its first online internal test, which lasted 3 days and had more than 50,000 visits; just one year after its launch, Weiyuntao grew from the initial 3 people to a team of 100 people. According to the official website, Weiyuntao Wemall has covered 13 provinces and 54 cities across the country, set up more than 40 offline studios, and successfully helped more than 400,000 families regain their health. According to the official public account, as of now, Weiyuntao products have served more than 800,000 customers.
It is worth mentioning that when introducing itself to the public, the public accounts "Weiyun Taoxin College" and "Weiyuntao Express" have invariably called Weiyuntao as the "first choice for health".
Obviously, such propaganda means, while elevating Weiyuntao's own, also objectively demeans the goods and services of other operators in the same industry. "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.
Ordinary food, prevent disease?
Weiyuntao Mall currently sells many products, natural By-Health Probiotics, Natural By-Health Peanut Peptides, Natural By-Health Soybean Peptides, Natural By-Health Beauty Sleep Aid Peptides, Natural By-Health Pulse Analyzer Essential Oils and other products are highly sought after by dealers. Let's first take "natural by-health plant peptide solid beverage" as an example, according to the product packaging, the product's food production license number is SC10644162500017, the actual manufacturer is Guangdong Jinxin Pharmaceutical Biotechnology Co., Ltd., obviously, the product is only ordinary food, not health food or medicine.
However, in the official website of Weiyuntao (www.weiyunt.com), the product is pointed out that "taking this product continuously for 1 to 3 months can effectively regulate the health of the body", and even includes the function of preventing diseases.
In this regard, article 17 of the Mainland's Advertising Law 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.
Similarly, "Natural By-Health Brand 99.6 Soybean Peptide Powder" is also an ordinary food, the food production license number is SC10232062100740, and the actual manufacturer is Jiangsu Junqi Biotechnology Co., Ltd. In the Q&A page about the product, the official website also clearly states that "timely supplementation of peptides can prevent the occurrence of more than 100 diseases", which undoubtedly implies that consumers can achieve the purpose of preventing diseases by taking the product.
"Natural By-Health Brand Soybean Peptide Powder" and "Natural By-Health Brand 99.6 Soybean Peptide Powder" have the same name, and the food production license number is exactly the same, but it is not the same product. When introducing the scope of application of the product, the official website believes that "middle-aged and elderly people with chronic diseases such as cardiovascular and cerebrovascular blockage, high cholesterol, hypertension, high blood lipids, and diabetes" also belong to the applicable population of this product, and the "Measures for the Supervision and Administration of Food Labeling (Draft for Comments)" has long pointed out: There are no laws, regulations, rules and food safety standards, etc., and the general food labeling must not emphasize that it is suitable for specific groups.
A similar situation exists with "natural by-health peanut peptides".
Improve sleep? Stomach care?
The full name of "Natural By-Health Beauty Sleep Aid Peptide" (also known as "Natural By-Health Sleep Peptide") is called "Sodium Hyaluronate Bird's Nest Collagen Peptide Drink", according to the outer packaging displayed by the product at the moment (the product has at least two kinds of outer packaging, but the product name has not changed), the category of the product is "fruit and vegetable juice (pulp) beverage".
Obviously, this product is also an ordinary food, not a health food. However, Weiyuntao Health Mall pointed out that the product has the effect of improving sleep.
The public account "Weiyuntao Express" also wrote in the article "Sleep Companion | Natural by-health sleep peptides, brilliant new products are coming strongly! There is such a statement in the book.
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.
Coincidentally, "natural by-health probiotics" is also packaged by the official website as having the health care effect of "stomach nourishment and stomach protection", in fact, the product is also an ordinary food, the food production license number is SC13113012300078, and the manufacturer is Hebei Yiran Biotechnology Co., Ltd.
Advertising slogans such as "stomach care and stomach protection" are also very easy to mislead consumers, and the role of "auxiliary protection for gastric mucosal damage" with the meaning of "stomach care" is also one of the 27 types of health care functions that health foods are allowed to claim, and it is not the effect that ordinary foods can advertise.
In addition, it is worth mentioning that the public account "Weiyuntao Express" also compared the product with the drug: "Natural by-health probiotics are not medicines, but they are more effective than many drugs!" ”
In this regard, Article 18 of the Mainland's Advertising Law stipulates that food publicity shall not contain the following contents: assertions or guarantees indicating efficacy and safety; involving disease prevention and treatment functions; claiming or implying that advertised goods are necessary to protect health; and comparing with drugs and other health foods.
Case sharing, curing cancer?
In order to make consumers believe in the efficacy of natural by-health products, the public account "Weiyuntao Tongcheng" also posted relevant cases, saying that a woman was detected with cervical cancer at the age of 34, but finally miraculously recovered, not only the indicators were normal, and even successfully pregnant, the reason is that "during this period I have never eaten anything to condition, only natural by-health active peptides." ”
There is also a case of "patients with thyroid malignancies eat peptides for 1 year, and the thyroglobulin indicators return to normal".
Similar cases are also numerous in the articles published by the public account "Weiyuntao Conditioning Feedback", including personal sharing by diabetic patients and cases of patients with Mycoplasma pneumoniae infection.
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 explicitly or implicitly has a medical effect, exaggerates functions, false publicity or other content that is likely to cause misunderstanding to consumers, violates relevant laws and regulations, or is suspected of false publicity.
Pattern changes, involvement risk?
Next, let's pay attention to how to interpret the bonus system implemented by Weiyuntao. In August 2019, in the early stage of the launch of Weiyuntao, the bonus system implemented by the platform at that time was still different from now, according to the information "Weiyuntao Business Model Analysis" released by the public account "Weiyuntao Express" as follows:
The retail price of Weiyuntao's products is 368 yuan / box, a one-time purchase of 3 boxes can become a VIP level, the price of the goods as long as 296 yuan / box; buy 10 boxes to become a maker, take the price of 238 yuan / box; buy 50 boxes to become a manager, take the price of 198 yuan / box; buy 200 boxes to become a director, take the price of 158 yuan / box. Above the director, there is also the highest level, called the co-founder, and the distributor at this level will also have the company's dividends and have the opportunity to become shareholders of the company. Participants only need to cultivate five directors to be promoted to co-creation. Once you become a co-founder, you will be able to participate in the 22% dividend of the total collection of the entire company, and the excellent Lianchuang can officially become a shareholder of the company. And Weiyuntao dealers return to the cost very quickly, the director only needs to train three managers to return to the capital immediately, the manager only needs to train three makers to return to the cost immediately, and the makers only need to cultivate three VIPs will immediately return to the capital. At the same time, the public account "Weiyuntao Express" also pointed out: "Our team's income is also very large, and the rebate of our team's peers can reach up to 30 yuan / box." ”
So when the time comes to 2022, how has the model promoted by Weiyuntao changed? In this regard, the promoter Ah Qiang (pseudonym) provided the following information for interpretation: agents are divided into V0 maker, V1 district generation, V2 county generation, V3 city generation, V4 provincial generation, V5 directors a total of six levels, buy any box of self-operated products (368 yuan or 399 yuan) can become a maker, the higher the level, the lower the price, we take the 368 yuan product as an example, the price of makers is 328 yuan, the price of the district is 288 yuan, the purchase price of the county generation is 248 yuan, the purchase price of the municipal generation is 208 yuan, The purchase price of the provincial representative is 168 yuan, and the purchase price of the director is 128 yuan, and the difference in profit is already visible to the naked eye. The upgrade method is to accumulate the number of singular, and at the V3 level, it begins to require the performance of the community (except for the department with the highest performance, the sum of the performance of the remaining small departments is called the community). In order to reach the highest level of directors, it is necessary to accumulate 24,000 orders, and the community needs to complete 6,000 orders.
The specific benefits are as follows:
According to the background screenshots previously posted by some dealers on the Internet, there are many people who have benefited from it.
For the above system, the platform also invited industry experts to analyze it, the expert pointed out: the model has threshold fees, pull heads, multi-level team remuneration and other characteristics involved in transmission, in addition, the above information given the product price transparency is too high, the reserve price is revealed, the problem of inflated prices is obviously self-evident, which shows that the risk control awareness of the model designer is far from in place.
No risk? Not credible
In order to stimulate more people to join it, the "Official Weibo of Mengchuang Weiyuntao", which has 22,000 fans, has also used the slogan of "0 risk" for packaging many times in more than 2,000 Weibo messages released by it.
The Weibo post has even posted well-made posters with the words "0 risk".
Article 25 of the Mainland's Advertising Law clearly restricts investment and wealth management advertisements: "Advertisements for goods or services such as investment promotion that have the expectation of investment returns shall have reasonable hints or warnings about possible risks and risk liabilities, and shall not contain the following contents: make a guaranteed commitment to future effects, benefits or related situations, and express or imply guarantee the principal, risk-free or guaranteed returns."
Postscript
In recent years, the domestic health industry has ushered in an unprecedented golden period of development, but at the same time, individual businesses have ignored the law and packaged ordinary foods for health benefits and even medical effects through false publicity. Some public information clearly pointed out that the healthy and steady development of the health food industry is inseparable from the awareness of law, law-abiding, integrity and self-discipline of practitioners. Only by establishing a standardized market operation order and a good business environment, and effectively protecting the legitimate rights and interests of consumers, can the health food industry go steady and far.
As for the micro-cloud shopping mall that aims to help people with common values and missions achieve a refined life, how will it develop in the future? Can the false publicity problems surrounding related products be paid attention to and rectified by the operator? In this regard, the micro-business e-commerce research will continue to pay attention.
Source of the article: Micro-business e-commerce research, hereby thanks!