Crack down on false and illegal advertisements such as "miracle doctors" and "miracle medicines"!

False and illegal advertisements for "miracle doctors" and "miracle medicines" seriously disrupt market order, mislead patients about the choice of treatment plans and medical treatment timing, endanger the lives and health of the people, and affect social harmony and stability. The State Administration for Market Regulation has taken "severely cracking down on false and illegal advertisements of 'miracle doctors' and 'miracle medicines'" as the focus of the 2023 law enforcement "iron fist" action in the field of people's livelihood, and organized local market supervision departments to investigate and deal with a number of cases. Recently, the State Administration for Market Regulation announced some typical cases as follows:

1. The Beijing Chaoyang District Market Supervision Bureau investigated and dealt with the case of Shanghai Targeted Advertising Communication Co., Ltd. Beijing Branch publishing false advertisements related to the epidemic

On April 25, 2023, the Market Supervision Bureau of Chaoyang District, Beijing Municipality imposed an administrative penalty of 200,000 yuan on the illegal act of publishing false advertisements by the Beijing Branch of Shanghai Targeted Advertising Communication Co., Ltd. in accordance with the law.

On January 20, 2023, the Chaoyang District Market Supervision Bureau found that the Beijing Branch of Shanghai Directional Advertising Communication Co., Ltd. released an AOE air disinfection machine advertisement through a billboard in the elevator hall, and the advertising content was suspected of being false. After investigation, from January to February 2023, the advertisements involved in the case released by the parties were marked with "Afraid of the sun!" I'm afraid of the sun! Use AOE air disinfection machine" and "actively kill 99.99% of the new coronavirus in the air" and so on. There are 3 models of AOE brand air purifiers advertised (Y-SP1201, Y-SP1202, Y-SB9101). In accordance with the requirements of the "Disinfection Technical Specifications" (2002 Edition), the simulated field test of the killing effect of the whole machine on the new coronavirus (SARS-CoV-2) in the air was not done. According to the test report provided by the parties, the "Y-SP1201" model machine can kill the "coronavirus (Hcov-229E)" in the air, and its killing effect on the new coronavirus (SARS-CoV-2) in the air cannot be determined. The conduct of the parties violated the provisions of Article 28, Paragraph 1 and Paragraph 2 (2) of the "Advertising Law of the People's Republic of China", and the Chaoyang District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

At present, there are various advertisements about disinfection products in the market, and some are even false and untrue, misleading consumers to buy and use, causing market chaos. The investigation and handling of this case has played a deterrent and warning role in relevant illegal acts, further standardized the behavior of operators, maintained the market order of disinfection products, and protected the legitimate rights and interests of consumers.

2. The Shanghai Jing'an District Market Supervision Bureau investigated and dealt with the case of Weining Key Technology (Shanghai) Co., Ltd. publishing illegal advertisements

On August 7, 2023, the Market Supervision Bureau of Jing'an District, Shanghai, imposed an administrative penalty of 100,000 yuan on Weining Key Technology (Shanghai) Co., Ltd. for its illegal act of claiming disease prevention and treatment functions in health food advertisements in accordance with the law.

On March 28, 2023, the Jing'an District Market Supervision Bureau received a report that the health food advertisement published by Weining Key Technology (Shanghai) Co., Ltd. on the Internet was suspected of violating the law. After investigation, from February 19, 2019 to March 28, 2023, the party released "Yin and Yang double supplements, why is the 'fairy grass' in the world so spiritual?" through the Internet. CCTV channel said that "the advertisement, the content contains" Dr. Dong brand Sanhe broken wall Ganoderma lucidum spore powder capsules for liver cancer, stomach cancer, lung cancer; Uterine fibroids, ovarian cysts, breast hyperplasia, prostate cancer, brain cancer, lymphoma and other cancers have a unique role... Strengthen the foundation, strengthen the kidney, strengthen the body, strengthen the immune system, comprehensive conditioning, disease prevention and treatment", etc. From November 23, 2018 to March 28, 2023, the parties published advertisements through the Internet "The maintenance secrets of actresses are here", including "Peach Blossom Ji brand Ejiao walnut cake adjusts menstruation and tire... Yangshengtang brand natural vitamin E soft capsules can increase women's estrogen concentration and play a role in preventing miscarriage". The Dr. Dong brand Sanhe broken wall Ganoderma lucidum spore powder capsules, Taohuaji brand Ejiao walnut cake, and Yangshengtang brand natural vitamin E soft capsules involved in the above advertisement are all health foods, but they claim to have disease prevention and treatment functions. The conduct of the parties violated the provisions of Article 18, Paragraph 1 (2) of the "Advertising Law of the People's Republic of China", and the Jing'an District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

In this case, in order to expand marketing, unscrupulous merchants deceived the trust of the target group in advertisements under the pretense of "CCTV Channel, actresses", etc., packaged health food as a "panacea", publicized the effect of the product's health care function, and exaggerated the efficacy, confusing the functions of medicine and health food.

3. The Market Supervision Bureau of Suzhou Industrial Park, Jiangsu Province, investigated and dealt with the case of Suzhou Tongzhou E-commerce Co., Ltd. publishing false and illegal advertisements

On August 16, 2023, the Market Supervision Bureau of Suzhou Industrial Park, Jiangsu Province, imposed an administrative penalty of 200,000 yuan on Suzhou Tongzhou E-commerce Co., Ltd. for publishing false advertisements and claiming health care and disease treatment efficacy in ordinary food advertisements in accordance with the law.

On November 14, 2022, the Market Supervision Bureau of the Industrial Park found in the advertising monitoring that Suzhou Tongzhou E-commerce Co., Ltd. was suspected of publishing false advertisements when selling products on an e-commerce platform to promote content such as "supporting heart health", "guarding blood sugar health" and "lung kinetic energy tablets". After investigation, it was found that the parties were selling ordinary commodities and failed to provide the corresponding basis for the above-mentioned publicity. The investigation also found that from April 2018 to December 2019, the parties sold 7 products such as female uterine and ovarian care essence, coenzyme Q10, HVP hydrolyzed protein chromium chelate, lung health, melatonin, arginine, and resveratrol through cross-border e-commerce on an e-commerce platform. At the same time, the parties could not provide relevant supporting materials for the claims of "adjusting menstruation, staying away from palpitations, adjusting blood sugar, cleaning up lung tablets, whitening, and selling a total of 500,000+ bottles on the whole network". The conduct of the parties violated the provisions of Article 17 and Article 28, Paragraphs 1 and 2 (2) of the Advertising Law of the People's Republic of China, and the Market Supervision Bureau of the Industrial Park imposed administrative penalties on the parties in accordance with the law.

In this case, the parties sold ordinary food through cross-border e-commerce, knowing that they did not have the relevant health food functions and disease treatment effects, but embedded the relevant illegal terms in the pictures, in an attempt to circumvent the crackdown of the regulatory authorities, highlight the function of a certain ingredient of the product in the publicity, and use exaggerated and suggestive methods to mislead consumers. The market supervision department conducts timely investigation and punishment, which has a certain educational and warning effect on preventing deception and inducing consumption.

Fourth, the Market Supervision Bureau of Haining City, Zhejiang Province, investigated and dealt with the case of false advertising published by Xiaojiang Food Store in Haizhou Street, Haining City

On March 21, 2023, the Market Supervision Bureau of Haining City, Zhejiang Province, imposed an administrative penalty of 125,000 yuan on Xiaojiang Food Store in Haizhou Street, Haining City, for publishing false advertisements in accordance with the law.

On November 11, 2022, law enforcement officers of the Haining Municipal Market Supervision Bureau inspected and found that Xiaojiang Food Store, Haizhou Street, Haining City, carried out community solitaire business activities on the Internet and published advertisements through mini programs. After investigation, since mid-to-late December 2021, the parties have published product information through the Internet and sold goods in the form of group purchases, and edited and published "The Big Brother of the Ice Powder Industry - The Most Classic Brown Sugar Rose Ice Powder", "Baxi Ice Cream The Lowest Limit Spike Group on the Whole Network", "European Pharmacy Has Sold the Most Recognized Lip Balm in Europe for 8 Consecutive Years" and other content, and the product details contain "Blueberry lutein ester gummies, which can not only prevent eye fatigue... It also improves eyesight... The drug can effectively prevent eye aging, strengthen the elasticity of the lacrimal glands, replenish rhodopsin, which is essential for the retina, and improve vision; The drug can also delay the aging of cranial nerves, enhance memory, and prevent Alzheimer's disease..." Therefore, ginseng fruit has anti-cancer, anti-aging, blood pressure, blood sugar, anti-inflammatory, calcium supplementation, beauty and other functions". The parties concerned were unable to provide sufficient proof of the above-mentioned advertisements. It was also ascertained that there was no label on the outer packaging of the food such as Bangbang duck and willow leaf dumplings sold by the parties. The behavior of the parties violated the provisions of Article 34 (11) of the Food Safety Law of the People's Republic of China and Article 4 of the Advertising Law of the People's Republic of China, and the Haining Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

"Community group buying" has become a new advertising position after traditional social media and online media, and the publication of advertisements has the characteristics of randomness and editability, and the publication of false advertisements in the form of WeChat solitaire is highly concealed and has a high degree of potential harm. In this case, the operator falsely exaggerated the disease prevention and treatment functions of ordinary food to induce consumers to buy it.

5. The Market Supervision Bureau of Heze City, Shandong Province, investigated and dealt with the case of Chengwu County People's Hospital publishing illegal advertisements

On September 25, 2023, the Market Supervision Bureau of Heze City, Shandong Province imposed an administrative penalty on Chengwu County People's Hospital for publishing illegal advertisements in accordance with the law, and fined 260,000 yuan.

In March 2023, according to the report of the masses, the Heze Municipal Market Supervision Bureau verified and found that the Chengwu County People's Hospital released a video advertisement of "long-term development of botulinum toxin and other anti-aging and wrinkle removal injection projects" through Internet media, and carried out advertising on the toxic drug of "botulinum toxin type A" for injection. In addition, without the review of the advertising review authority and without obtaining the "Medical Advertisement Review Certificate" in accordance with the law, the parties published medical cosmetology advertisements such as "Chengwu County People's Hospital Medical Cosmetology Department Escorts Health and Beauty", "Black Gold Super Photon DPL Photon Rejuvenation", and "Hot Lati", and used the names and images of patients and health technicians as proof in the advertisements. The above-mentioned conduct of the parties violated the provisions of Article 15, Paragraph 1, Article 16, Paragraph 1, Item 4, and Article 46 of the "Advertising Law of the People's Republic of China". The Heze Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

Publishing illegal advertisements for medical cosmetology has brought serious hidden dangers to the physical and mental health of the public. The market regulation departments continue to focus on the chaos of medical cosmetology advertising, effectively regulate the order of the advertising market, and protect the lawful rights and interests of the people.

6. The Market Supervision Bureau of Jiyuan City, Henan Province investigated and dealt with the case of Jiyuan Yuanquan Biological Products Co., Ltd. publishing false advertisements

On February 22, 2023, the Market Supervision Bureau of Jiyuan City, Henan Province imposed an administrative penalty of 200,000 yuan on Jiyuan Yuanquan Biological Products Co., Ltd. for publishing false advertisements in accordance with the law.

On November 17, 2022, the Jiyuan Municipal Market Supervision Bureau found during the daily inspection of the Henan Provincial Online Transaction Supervision Platform that Jiyuan Yuanquan Biological Products Co., Ltd. advertised on a website that "we are a professional enterprise mainly engaged in the research and development, production, sales and technical services of health food and functional food", "more than 60 health food approvals", "15,000 square meters of plant area", "100 people + company employees" and other content. After investigation, the party concerned was an enterprise that produced ordinary food, and the permitted categories of its food production license were confectionery products and beverages, and it had not obtained any health food production license; The plant area is 6458.15 square meters, and the company has more than 10 employees. The conduct of the parties violated the provisions of Article 4, Paragraph 1 of the "Advertising Law of the People's Republic of China", and the Jiyuan Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

In this case, the parties claimed to be engaged in the research and development, production, sales and technical services of health foods and functional foods without obtaining any health food production licenses, and at the same time exaggerated the plant area and the number of employees, which was inconsistent with the actual situation and seriously misled consumers. The market supervision department will continue to increase the rectification of false propaganda and other chaos in online marketing, and promote the healthy development of the online economy.

7. The Market Supervision Bureau of Tianhe District, Guangzhou City, Guangdong Province investigated and dealt with the case of illegal advertisements published by Guangzhou Gaode Branch of Shenzhen Zhuxinmei Beauty Co., Ltd

On May 16, 2023, the Market Supervision Bureau of Tianhe District, Guangzhou City, Guangdong Province, imposed an administrative penalty of 100,000 yuan on the illegal advertising published by Guangzhou Gaode Branch of Shenzhen Zhuxinmei Beauty Co., Ltd. in accordance with the law.

On February 10, 2023, the Tianhe District Market Supervision Bureau found that the Guangzhou Gaode Branch of Shenzhen Zhuxinmei Beauty Co., Ltd. published an advertising tweet of "360 Eye Bag Gun" through the Internet on November 29, 2022, which contained guaranteed terms indicating efficacy. After investigation, the "360 eye bag gun" promoted by the party was actually a "high-frequency treatment instrument" registered by British Industrial Co., Ltd., a medical device, and the advertising tweet contained content such as "comprehensively solving the three major problems of the skin around the eyes", which belonged to the act of publishing medical device advertisements containing assertions or guarantees indicating efficacy and safety, and the party did not obtain the "Medical Device Advertising Review Certificate". The conduct of the parties violated the provisions of Article 16, Paragraph 1 (1) and Article 46 of the Advertising Law of the People's Republic of China, and the Tianhe District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.

In recent years, the market share of life beauty services has been increasing, its market entry threshold is low, and the number of business entities has grown rapidly. At the same time, there are frequent illegal advertising activities in life and beauty institutions, which are easy to mislead consumers and endanger the vital interests of the masses. The investigation and handling of this case is conducive to correcting the chaos in the medical beauty industry and standardizing the business order of the life beauty industry.

8. The Market Supervision Bureau of Xinjin District, Chengdu City, Sichuan Province investigated and dealt with the case of Sichuan Xinruixiang Health Management Co., Ltd. publishing false and illegal advertisements

On June 26, 2023, the Market Supervision Bureau of Xinjin District, Chengdu City, Sichuan Province imposed an administrative penalty of 550,000 yuan on Sichuan Xinruixiang Health Management Co., Ltd. for publishing false advertisements, claiming disease treatment functions and using medical terms in cosmetics advertisements in accordance with the law.

In October 2022, the Xinjin District Market Supervision Bureau received a complaint that Sichuan Xinruixiang Health Management Co., Ltd. was suspected of publishing false advertisements, and at the same time, the advertisement of a disinfection product it sold claimed to have disease treatment effects. After investigation, since 2022, the parties have sold cosmetics "Gankangyuan Activating Energy Essence" and disinfection products "Gankangyuan Brand Repair Gel" through self-built websites, APPs and small programs. effective treatment and prevention of pimples, psoriasis, allergies and other malignant skin diseases", and claims that "deep detoxification, activation of cells... Accelerate blood circulation around the eyes, reduce eye bags, and improve dark circles", claiming to "Gan Kangyuan Brand Repair Gel" "Product function: rejuvenation and anti-aging, skin firming, sleep aid and detoxification, weight loss and hair increase, regulating hormonal balance in the body, increasing libido, improving joints", "small position, big effect", "no need for injections and medicine, no massage techniques, just need to apply the repair gel to the wrist! "The ingredient HGH has ten major effects: 1. It can make every organ of the body grow again, 2. It strengthens the body's immunity... 5. Eliminate wrinkles, keep the skin fine and smooth... 8. Lowering blood lipids and cholesterol; 9. Regrow hair, turn gray hair black, improve hair quality, and reduce hair loss; 10. Enhance bone density, prevent osteoporosis, and prevent the occurrence of senile fractures. "The conduct of the parties violated the provisions of Article 4, Paragraph 1 and Article 17 of the Advertising Law of the People's Republic of China, and the Xinjin District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.

In this case, the parties packaged ordinary cosmetics and disinfectants as "miracle medicines" in their advertisements to convey wrong information to consumers, which may delay the best treatment time for patients and seriously damage the legitimate rights and interests of consumers. Based on the nature, circumstances, and social harm of the parties' illegal acts, the market regulation departments have punished them in accordance with laws and regulations, effectively cracking down on illegal acts, safeguarding the rights and interests of consumers, and regulating market order.

Source: Rule of Law Daily