The Shanghai Municipal Bureau of Market Supervision today announced a number of the latest penalty cases. Among them, Shanghai Wenfeng Hair And Beauty Co., Ltd. and Shanghai New Century Wenfeng Hair and Beauty Co., Ltd. were fined 2 million yuan and 800,000 yuan by the Putuo District Market Supervision Bureau for false or misleading commercial publicity, respectively.
Penalty decision
The parties published "Hao Ge Said" propaganda content in their store light boxes and public accounts, containing a large number of feudal superstitious content and declaring that the parties' goods have the effects of disease treatment, changing fate, prolonging life, etc., including "Hua Tuo and Li Shizhen can not solve the skin and body problems, Hao Ge can be well conditioned" "the use of Wenfeng founder Mr. Chen Hao created and invented the 'Liuhe' beauty technology ... All kinds of evil qi, garbage, and toxins that accumulate in the five senses and intestines of the human body are excreted out of the body..." and so on.
The conduct of the parties constitutes false publicity and the publication of illegal advertisements, which violates the Anti-Unfair Competition Law and the Advertising Law. The parties' false publicity behavior has lasted for nearly 6 years, and in the past 2 years, they have received three administrative penalties for publishing illegal advertisements, but they have not learned lessons, made timely rectifications, and operated legally, and should be found to be serious circumstances and given a heavier punishment.
Wen Feng has been repeatedly punished for false propaganda
This is not the first time Wen Feng has been fined for false propaganda. Pay attention to the news Knows News and remember that we have reported the news of the relevant Wenfeng. Previously, the secretary of the president of Wenfeng Company posted on the company account that the boss "has a heavenly eye" and "grasps the law of all things", and was investigated after exposure. Look at the news Knows WeChat has also been reported (click on the image below to read the relevant reports).
In February 2020, Wenfeng Company released a push in its WeChat public account, promoting that this "Wenfeng Feng's Conservation Serum" has anti-inflammatory and bactericidal effects, and can resist external viruses entering the respiratory tract. But in fact, the product test report indicates that its ingredients are mugwort oil and ginger root oil, which belong to cosmetics.
Liu Jiabin, a law enforcement officer of the Yangpu District Market Supervision Bureau, told the News News Reporter that after investigation, "Wenfeng Feng's Conservation Essence" is just an ordinary cosmetics and does not have any function of eliminating the virus, and Wenfeng's advertising behavior violates the provisions of Article 28 of the Advertising Law and belongs to the publication of false advertisements.
In the end, the Yangpu District Market Supervision Department ordered Wenfeng to stop publishing illegal advertisements and fined him 500,000 yuan.
From July 2021, in order to better promote agarwood moxibustion health massage services, Shanghai Wenfeng Hair & Beauty Co., Ltd. publicized that agarwood blood moxibustion can help customers achieve the four miracle effects of wetting cold, alleviating pain, replenishing Yuanyang, and regulating qi and blood.
Because the above-mentioned publicity content violates article 17 of the Advertising Law of the People's Republic of China, "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 must not be used or terms that are easy to confuse the goods being sold with drugs and medical devices", which constitutes the act of publishing illegal advertisements. On December 7, 2021, the Shanghai Hongkou District Market Supervision Bureau decided to impose the following administrative penalties on the parties: (1) Order to stop publishing advertisements and eliminate the impact within the corresponding scope; (2) A fine of RMB 100,000.
Wenfeng Beauty Salon Company was complained about 193 times in the past six months last year, because of the large number of consumer complaints and repeated teaching, Wenfeng Company was also interviewed twice by the Shanghai Consumer Protection Commission. The Shanghai Municipal Consumer Protection Commission named "Wenfeng Beauty Salon Company" as a hidden major risk in its business model.
Look at the news Knows reporter on the spot to visit the Wenfeng store, in just over half an hour, the clerk's fancy sales have not stopped, and even claimed that the store can provide a variety of medical and aesthetic services. Some consumers said in an interview with the News Knows reporter that Wenfeng's clerks kept selling cards to punch cards, and your attitude of not charging clerks was not good.
Market supervision department: Repeatedly teach and do not change the punishment is heavier
The Shanghai Putuo District Market Supervision Bureau believes that the parties guided employees to use relevant marketing tactics to sell goods and services to consumers, made psychological hints to consumers' physical and mental state, and made unfounded promises about the therapeutic efficacy of goods and services, which ultimately induced consumers to consume, and caused many consumers to fall into the dilemma of rights protection that is difficult to prove.
The publicity content of the parties involved contains a large number of feudal superstitions and terms for the therapeutic effect of diseases, which violate the general cognition of society and recognized scientific laws, and the behavior constitutes false publicity and the publication of illegal advertisements, which violates the Anti-Unfair Competition Law and the Advertising Law.
The false propaganda behavior of the parties has caused a large number of negative social evaluations and caused extremely bad social impact.
The parties' false publicity behavior has lasted for nearly 6 years, and in the past 2 years, they have received 3 administrative penalties for publishing illegal advertisements, but they have not yet learned lessons, rectified in a timely manner, and operated legally, and the Putuo District Market Supervision Bureau determined that it was a serious situation in accordance with relevant laws and regulations and gave a heavier punishment.
(Comprehensive 丨 Shanghai market supervision, look at the news Knows reporter Wu Ji, Jiang Wenyue, Li Shuxin, Wei Kepeng, Gong Haiyun, talk box, etc.)
Source: Look at the news