On April 6, the Weibo topic #Guan Xiaotong and related milk tea companies were sued# caused concern, and Natural Milk Tea responded to the lawsuit: Guan Xiaotong was not a contract subject and did not participate in the company's management work. Guan Xiaotongfang forwarded the response: Sincerely hope that everyone will rationally screen the network information (back stamp yesterday→ "Milk Tea Brand and Guan Xiaotongfang Response".
As of 4:30 p.m. on April 7, Sina Weibo-related topics had been read more than 50 million times. Some netizens forwarded the statement of the natural brand side and left a message: "Not the main body of the contract, there is no right to operate, this is a contract dispute business related issues, and Guan Xiaotong has nothing to do." ”
Some netizens also said that while celebrities use their influence to do business, they must also assume corresponding responsibilities for them. At present, the civil lawsuit involving the contract dispute has not yet been decided, and it is believed that the law will give the result afterwards.
After 4 p.m. on April 7, Red Star News reporters saw on the homepage of the official website of Natural Stay and the brand's official Weibo that Guan Xiaotong's photo identity was currently marked as "Natural Stay Store Manager".
In recent years, celebrities have opened restaurants and endorsed catering brands. Star labels come with "dividends", these stores often attract attention as soon as they open, and quickly become Internet celebrity stores, but due to issues such as food safety, decoration safety, and intellectual property rights, some brands have recently had a "rollover" experience.
Star label net red restaurant frequent "overturning"
Celebrity catering needs to shoulder more social responsibilities
Zheng Kai's hot pot restaurant apologized last year for food safety issues
In August last year, a Weibo revealed that when investigating Huo Fengxiang, a chain hot pot shop operated by Zheng Kai, it was found that it sold spoiled ingredients, lettuce was recycled and reused, the brine soup was sour, and some stores violated serious regulations. Late on the night of August 14, @Huofengxiang Fresh HotPot publicly apologized, saying that it would verify all chain stores nationwide, and after determining the stores involved, it would punish them, suspend business for rectification, and dismiss the person in charge of the post involved.
It is reported that this is not the first time that Zheng Kai's hot pot restaurant has "overturned". In July 2020, it was exposed that the interior of the store was suspected of plagiarizing another hot pot brand. Zheng Kai hot pot restaurant issued a statement apologizing, admitting that some of the design did borrow the concept of a hot pot restaurant, immediately rectified, and apologized for the negative impact of the incident on Zheng Kai. Zheng Kai then forwarded the statement, saying: If there is infringement, it will be rectified immediately and will not be tolerated.
Chen He's net red shop apologized last year for the renovation safety incident
In April last year, some media reported that when Ms. Li and her husband and wife were eating at the Xianhezhuang Brine Hot Pot Zhejiang Hangzhou Wanda Store, the ceiling fell down, and the couple fractured one of their hands and one face burned. According to the official website of the brand: Chen He led - leading the tide of the city well hot pot.
After that, @Xianhezhuang Brine Hot Pot issued an apology statement, saying that it had coordinated with the injured customer and compensated for the first time, and now the two sides have reached a settlement. Subsequently, Chen He forwarded the apology statement released by @Xianhezhuang Brine Hot Pot, saying: Once again apologize to the two customers, comprehensively check and rectify, and safety issues will not be tolerated!
What the lawyer says:
Advertising Law: Advertisers are responsible and have constraints on the behavior of the spokesperson
Celebrities want to endorse, it is recommended to examine and evaluate the brand from multiple dimensions
In response to the concerns of netizens, if the brand endorsed by the star is overturned, does the star need to be responsible?
Red Star News reporter interviewed Zhou Yan, a lawyer at Tahota Law Firm, who said that if it involves publishing false advertisements, deceiving and misleading consumers, according to Article 56 of the Advertising Law of the People's Republic of China, if false advertisements are published in violation of the provisions of this Law, false advertisements are published, deceives and misleads consumers, and the legitimate rights and interests of consumers who purchase goods or receive services are harmed, the advertiser shall bear civil liability according to law. Where advertising agents or advertisers are unable to provide the advertiser's real name, address, and effective contact information, consumers may request that advertising agents or advertising publishers compensate in advance.
Mr. Zhou added that the Advertising Law of the People's Republic of China restricts the behavior of the spokesperson. Contemporary speakers who violate the corresponding laws and regulations may face civil liability in addition to administrative penalties. While the relevant departments give heavy penalties to illegal enterprises, they will also punish those illegal spokesmen accordingly.
What do celebrities need to pay attention to when endorsing catering brands/opening restaurants?
With regard to the upsurge of celebrities endorsing catering brands or opening restaurants, Lawyer Zhou reminds that according to Article 28 of the Advertising Law of the People's Republic of China, if an advertisement deceives or misleads consumers with false or misleading content, it constitutes a false advertisement; Article 38 stipulates that an advertising spokesperson's recommendation and certification of goods and services in an advertisement shall be based on facts, comply with the provisions of this Law and relevant laws and administrative regulations, and shall not make recommendation proof for goods or services that have not been used Paragraph 2 of Article 56 provides that where false advertisements for goods or services related to consumers' lives and health cause harm to consumers, their advertising agents, advertising publishers, and advertising spokespersons shall bear joint and several liability with the advertisers.
Lawyer Zhou concluded that in the process of endorsing goods or services, celebrities should make recommendations based on facts, must not exaggerate, and must not recommend or endorse unused goods or services that have not been received. If the goods or services endorsed by celebrities are related to the life and health of consumers, it is recommended to conduct an examination and evaluation from multiple dimensions such as the brand, health, and safety of the product before deciding whether to endorse.
Red Star News reporter Zhang Bo ChangWei
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