Oral advertising in the live broadcast room is illegal, and "make a friend" is fined!

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Beijing Make a Friend Digital Technology Co., Ltd

Illegally publishing advertisements for medical treatment, drugs, and medical devices

It was controlled by the Shanghai Municipal Market Supervision Bureau

More than 580,000 yuan was confiscated

According to the administrative penalty decision, the party was established in June 2019 and is mainly engaged in advertising agency, production and release, and registers and operates the "Make a Friend" live broadcast room to conduct commodity marketing in the form of live broadcasts.

Jinan Taikang Baibo Best Dental Hospital Co., Ltd. (hereinafter referred to as Jinan Taikang Company) entrusted Beijing One-Third Network Technology Co., Ltd. (hereinafter referred to as One-third Company) to conduct live broadcast promotion in the "Make a Friend" live broadcast room in order to promote Taikang Baibo Oral Medical Service Project. After accepting the entrustment of one-third of the company, the parties respectively entrusted the staff of Hangzhou Xiaoshan Xice Network Technology Studio, Hangzhou Linping Zhengzheng Zhengzheng Culture Media Studio, Hangzhou Yuran Culture Media Co., Ltd. and other units as anchors to implement the promotion of the above-mentioned medical service projects in the "Make a Friend" live broadcast room.

On September 21, 2023 and September 23, 2023, the above-mentioned anchors will broadcast live broadcasts in the "Make a Friend" live broadcast room on 7 categories of oral service projects, including orthodontic program design, children's fluoride, adult ultrasonic tooth cleaning, resin filling, tooth dazzling white card, AO self-locking orthodontic, and Zhengya invisible orthodontic, and claimed that "this can ensure that you can go up 1-3 shades after you finish it", "very safe, very efficient" and other content. After the incident, the parties actively rectified and stopped the relevant live broadcasts. The parties were entrusted to publish the above-mentioned advertisements, and the total advertising expenses were 292,926.1 yuan.

The services promoted in the above-mentioned live broadcast involve the use of medical devices such as ultrasonic scalers, metal dental brackets, customized invisible appliances, fluorinated foam, light-curing composite resins, and dental whitening agents, which are medical service items. When accepting the entrustment, the parties checked the qualifications, advertising content, and supporting documents of the entities providing the above-mentioned medical services, but did not find that the "Medical Advertisement Review Certificate" submitted by them was not the "Medical Advertisement Review Certificate" of the advertisement in this case, and that the above-mentioned live broadcast had not been reviewed by the advertising review authority before the release of the above-mentioned live broadcast, and the approval documents for the publication of the advertisement had not been obtained.

The market regulation department believes that the party, as a company that has been engaged in advertising business for a long time, has been engaged in live-streaming marketing activities, and the "Medical Advertisement Review Certificate" checked when accepting the entrustment to act as an agent for the advertisement involved in the case is inconsistent with the advertisement in this case, and should know that the advertisement involved in the case is a medical advertisement, and that the medical advertisement must be approved before it can be published. In accordance with the relevant provisions of the Administrative Punishment Law, the market regulation department ordered the parties to correct the above-mentioned illegal acts, confiscated 292,926.1 yuan of advertising fees, and imposed a fine of twice the advertising costs, with a total of more than 580,000 yuan in fines and confiscations.

This medical advertising violation incident

This is not the first time the company has encountered product and promotional issues

In April of this year, the "Make a Friend Live Room" was accused of promoting fraud. According to media reports, the "authentic 10-year-old Chen Xinhui old tangerine peel" previously sold in the live broadcast room was suspected of year fraud, and the origin was not Jiangmen Xinhui.

In May 2020, "Make a Friend" caused consumer complaints about the drying up of flowers for "take a moment" in live sales.

At the end of November 2020, the "Pierre Cardin" brand woolen sweater sold in the "Make a Friend Live Room" was also confirmed to be not a real wool product after being sent for inspection, which is a fake.

According to the query of the national credit information publicity system, Beijing Jiaoyou Digital Technology Co., Ltd. was established in June 2019, the legal representative is Zhao Huili, and it is wholly owned by Yijiang Future Technology (Hangzhou) Co., Ltd.

1. Internet news information service license: 10120170022;

2. Illegal and bad information reporting telephone: 010 - 88315438

Produced by the New Media Editorial Department of China Consumer Daily

Source/China Consumer Daily, China Consumer Network

Reporter/Meng Gang

Editor/Li Xiaoyu

Producer/He Yongpeng, Ren Zhenyu