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Coconut Tree Swimsuit Wall Calendar Caused Controversy, Lawyer: Or Suspected of Violating the Principles of Public Order and Good Customs

author:Qilu one point

The coconut tree is on the hot search again!

Recently, some netizens posted the "Coconut Tree Group 2024 Wall Calendar", which attracted widespread attention because the calendar was equipped with pictures of actor Xu Dongdong and many bikini beauties and macho men.

Behind the controversy over the "Coconut Tree Swimsuit Wall Calendar", over the years, the controversy surrounding the "earthy" and "vulgar" coconut trees has not stopped.

Coconut Tree Swimsuit Wall Calendar Caused Controversy, Lawyer: Or Suspected of Violating the Principles of Public Order and Good Customs

Data map. Photo by Yin Haiming

"Earthy" and "vulgar"? The coconut tree swimsuit wall calendar has caused controversy

The picture of the "Coconut Tree Wall Calendar" posted by netizens shows that the cover model of the wall calendar is still Xu Dongdong, who is familiar to consumers, wearing a red swimsuit, holding coconut palm coconut water, and posing with classic signature actions. On the page of the calendar on the right, there are different swimsuit models, respectively promoting lemon tea, lychee shuang, mango juice and other coconut palm products.

After this set of swimsuit wall calendars circulated on the Internet, it aroused heated discussions among netizens. Many netizens think that these swimsuit pictures are normal, "The big wall calendars in the 90s of the last century are like this." But some netizens think, "It's really vulgar as a calendar cover." ”

In addition, some netizens dislike the wall calendar is too earthy, "There is no problem with the scale, but it does not conform to the current aesthetics, and the earthy taste is very strong." ”

The Zhongxin financial reporter noticed that when the pictures and videos related to the wall calendar were circulating on the Internet, some people specially coded Xu Dongdong and others.

On the 6th, Xu Dongdong also posted a response on social media, "When I was a child, I saw the sunshine and confidence of many beautiful calendar girls...... How beautiful the swimsuit beauties on the old calendar are, no matter how beautiful they are to show the plump beauty of the body or the bony beauty, they should not be ashamed. Thank you, netizens. No need to code my swimsuit. ”

Lawyer: or suspected of violating the principle of public order and good customs

After the coconut tree swimsuit wall calendar sparked heated discussions, on the 8th, the Zhongxin financial reporter contacted the coconut tree staff, and the other party told the reporter that similar wall calendars will be published every year, but the content will be different, "and these wall calendars are not sold to the outside world, but only kept by themselves." ”

Article 8 of the Civil Code of the People's Republic of China clearly states: "Civil entities engaged in civil activities shall not violate the law or violate public order and good customs." "The so-called principle of public order and good customs means that civil conduct should abide by public order, conform to good customs, and not violate general social moral standards.

Yan Bing, a senior partner at Beijing Times Jiuhe Law Firm, believes that the dispute over the 2024 version of the calendar of Coconut Tree is actually suspected of violating the principle of public order and good customs.

However, the legal concept of public order and good customs has a certain subjectivity, that is, the standards of public order and good customs may not be uniform among different social development stages, different regions, and different groups. In view of the fact that the calendar events of the Coconut Tree Group are objectively mixed, it is not appropriate to elevate them to the level of 'vulgar marketing' in the illegal sense for the time being. ”

As for the Coconut Tree Group's explanation of this incident as "not for sale", Yan Bing believes that this is obviously a change of concept. "Whether or not it is sold is not a condition for judging whether it constitutes an illegality, and the core element is whether it is used for publicity and reaches the audience. Assuming that the competent authority ultimately determines that the relevant calendar constitutes vulgar marketing, that is, violates the principle of 'public order and good customs', then it should bear the responsibility for violating the law even if it is not sold for compensation. ”

At the same time, considering that coconut palm coconut water is a beverage suitable for all ages, its consumer groups include minors and the elderly. It is debatable whether the calendars of these handsome guys and beauties are actively promoted for minors, and whether they will cause discomfort to the perception of some elderly people. There is still room for improvement in whether Coconut Tree Group has considered the marketing strategy comprehensively enough, and whether the relevant calendar has taken into account the audience restrictions in the distribution process. Yan Bing said.

Coconut Tree Swimsuit Wall Calendar Caused Controversy, Lawyer: Or Suspected of Violating the Principles of Public Order and Good Customs

Data map: The gate of Coconut Tree Group Co., Ltd. Photo by Yin Haiming

He has been punished many times for "vulgar" advertising slogans

The large colored characters in the center, the eye-catching slogan "Drink from small to big", and the bottle body of a small advertisement on a telephone pole...... In recent years, Coconut Tree has swept the industry with a maverick "soil", which is known as the unsolved mystery of China's design industry.

In addition to creating the "coconut tree style" with its own efforts, the coconut tree group is also a "mudslide" in the advertising industry, and has been criticized by consumers for being uncontrollable.

"White and tender, curved, drink coconut palm brand coconut water", many people are no strangers to the advertising slogan of coconut palm coconut water. The picture of a group of beautiful women dressed coolly, dancing and talking advertising slogans is imprinted in the minds of many people.

However, "often walk by the river, how can there be no wet shoes", because the advertising slogan involves vulgar information, and the publicity often "plays the side ball", Coconut Tree Group has been punished by relevant departments many times.

In 2009, the local industrial and commercial department ordered the products of the Coconut Tree Group to stop immediately and imposed a fine of 1,000 yuan on the buses in Haikou City for printing controversial advertising slogans such as "papaya is full and I am plump".

In 2019, the new packaging of Coconut Tree brand coconut water was suspected of vulgar and false content because of advertising words such as "I have drunk it since I was a child", which was considered to be vulgar and false, and was investigated and punished by the local industrial and commercial department, and was later required by the State Administration of Radio and Television to stop broadcasting the relevant version of the "Coconut Tree Brand Coconut Water" advertisement.

In 2021, Coconut Tree Group's recruitment advertising slogans such as "There are cars, houses, high salaries, and there must be beautiful and handsome guys to chase after them" attracted attention, believing that it violated good social customs and was fined 400,000 yuan by the Hainan Provincial Market Supervision and Administration Bureau.

In recent years, taking advantage of the live broadcast, Coconut Tree Group has been out of the circle because of "beauty live broadcast" and "macho live broadcast", and behind this, it has repeatedly fallen into the controversy of "edge marketing".

Coconut Tree Swimsuit Wall Calendar Caused Controversy, Lawyer: Or Suspected of Violating the Principles of Public Order and Good Customs

In the coconut tree live broadcast room, the anchors promoted coconut tree products with classic actions. Screenshot from the coconut tree live broadcast room.

Although the coconut tree live broadcast room is now famous, and it has been "out of the circle" many times due to controversies such as "earthy taste" and "vulgarity", the coconut tree group under high exposure also implies a crisis.

On the one hand, as plant-based protein drinks cater to healthy consumption, more and more beverage brands are developing new coconut water products, and the first-mover advantage of coconut palm brand coconut water is disappearing. On the other hand, in recent years, although Coconut Tree Group has successively launched many new products such as mineral water and lemon tea, they have not formed product advantages.

From the perspective of the industry, how to get rid of the constraints of a single product and how to obtain new consumer groups has become a difficult problem to be solved in front of the Coconut Tree Group. (ENDS)

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