At the beginning of this manuscript, the bad reviewer has probably changed it four or five times.
It's just that the world is crazy.
A Mid-Autumn Festival, a few boxes of moon cakes, quickly made a lot of live broadcast heads.
Several hot searches a day, Bobo has a breaking point.
Today is the problem with mooncakes: real and fake Hong Kong mooncakes;
Tomorrow's official investigation, Guangzhou is no problem, it depends on you in Hefei;
The day after tomorrow, there was another financial news, what is suspected of Mr. Lu's claim that he slept all over the three sheep female anchor's violent speech.
even led to the first person in AI China, and led everyone to discuss on the Internet, whether AI technology can synthesize similar online audio.
Let's just say that we, a person who basically doesn't watch live broadcasts and bring goods, are about to recognize the anchors of the three sheep.
Selling moon cakes has caused the whole network to be boiling, and the materials are enough for short drama directors and online writers to learn from for more than half a year, who dares to say that the live broadcast has passed?
That is, the explosion point is too dense, presumably everyone is also happy and dizzy when eating this melon, right?
The bad reviewer also spent a little energy, and after giving everyone a review of what happened, he found that Sarajevo, which was a farce, was actually a mooncake sold in the live broadcast room of Three Sheep.
To put it simply, it is Brother Xiao Yang's live broadcast room that brought moon cakes before, and there is a brand called Hong Kong Meicheng moon cakes, which was praised by Xiao Yang's brothers as a time-honored brand in Hong Kong, a high-end well-known brand, and ranked No. 1 in global sales.
That's all there is to it
This well-known name made everyone feel happy at once, and netizens frantically placed orders, and bought more than 50 million Meicheng mooncakes in 30 days.
But as soon as the loud signboard came out, many Hong Kong locals were confused...
"I've lived in Hong Kong for 50 years and I've never heard of this mooncake."
There were more and more voices with similar doubts, and netizens began to dig deeper.
It turned out that this is not that the big guy is lonely and unheard, nor is it that the Hong Kong Meicheng mooncake wine is not afraid of deep alleys, but the Hong Kong high-end brand in the mouth of this big and small Brother Yang is not sold in Hong Kong at all.
And this is not the personal experience of netizens, many agents of Meicheng moon cakes have also said that they have no stores in Hong Kong, and the production areas are Guangzhou and Foshan.
Therefore, the Hong Kong Meicheng mooncakes sold by the three sheep are actually produced by Guangzhou Meicheng Food Company in Guangzhou?
A well-known brand in Hong Kong, there is not even a point of sale in the local area...
Coincidentally, there is a time-honored mooncake brand in Hong Kong, and its name is Meixin mooncakes, which makes many netizens feel that Meicheng mooncakes are a fake and shoddy copycat product at all.
Many netizens were angry, Brother Yang, you eat authentic Meixin yourself, and eat Meicheng for your family???
Under the pressure of public opinion, Brother Xiao Yang and they also dropped the product links and information of Meicheng mooncakes overnight.
There are even netizens who are making trouble, and they picked up the Hong Kong star Zeng Zhiwei who was a guest anchor and intercepted it.
ridiculed Zeng Zhiwei for acting in movies for decades, and he had to settle down in front of Brother Yang.
But just when everyone thought that this farce would be like making a friend next door, because the Fendi Casa mooncakes sold in the live broadcast room were suspected of counterfeiting, and everyone would be refunded one and paid three.
As a result, the three sheep chose to refuse to return the goods, and even the moon cake manufacturer was aggrieved, retorting: Who stipulates that Hong Kong things cannot be produced in the mainland.
They also excitedly posted a few videos, retorting that we are not a small workshop.
After the matter fermented, the official also went down to investigate.
The Market Supervision and Administration Bureau of Huadu District, Guangzhou City issued a circular, which can be summed up in two points.
First: the production process environment of Meicheng moon cakes meets the requirements, and the pass rate of the product after sampling is 100%.
The second point is that the moon cakes produced by Guangzhou Meicheng Food Company, with the brand name of Hong Kong Meicheng moon cakes, there seems to be no big problem in the procedure.
Because the brand trademark of Hong Kong Meicheng moon cake was registered by Hong Kong Meicheng Food Group and then authorized to Guangzhou Meicheng Food Company, it can really be regarded as a Hong Kong brand.
Therefore, to be more objective, there is really nothing wrong with Meicheng mooncake manufacturers who said aggrievedly before, "Who stipulates that Hong Kong things cannot be produced in the mainland" and "I am not a small workshop".
Since the quality of the product itself is fine, the rest is a matter of publicity.
Since the Three Sheep Company is located in Hefei, the Huadu District Municipal Supervision Bureau of Guangzhou City also announced that it had sent a letter asking the Hefei Municipal Supervision Department to assist in the investigation, and threw the problem to the Hefei Municipal Supervision Bureau.
So will the current Meicheng mooncakes be suspected of false publicity?
The Hefei Municipal Supervision Bureau said that it had opened a case for investigation, and everyone had to wait for the results of the investigation.
Overall, although there is no problem with the quality of Meicheng mooncakes, the main focus of this incident is:
A product that is not sold in Hong Kong stores, why can it be called Hong Kong Meicheng? Why can you use the signboard of "Hong Kong Time-honored Brand" for promotion? Is this illegal or not? Will the three sheep be punished?
We also consulted with the legal team and Tsinghua's J.D. friend Ah T (pseudonym).
The legal team told us that if the product trademark is registered in Hong Kong, there is a high probability that there will be no problem in legal theory to call Hong Kong Meicheng.
For example, if we go to Hong Kong to register a trademark "bad review", there is no problem in claiming or promoting it in the future, not to mention that the trademark of Meicheng mooncakes itself is called "Hong Kong Meicheng".
Moreover, in his opinion, unless Brother Yang or the three sheep live broadcast room clearly stated that the product was produced in Hong Kong, it would be difficult to define it as exaggerated propaganda just by simply promoting it as a Hong Kong brand, let alone false publicity.
However, if it is a "time-honored brand in Hong Kong", it may be a bit exaggerated, but the specific remarks and propaganda must be analyzed in detail, and it cannot be generalized, and it will ultimately depend on the comprehensive evaluation of the relevant departments.
As a doctoral student in criminal law, Ah T has repeatedly stated that he is not a major in economic law, so he can only tell us about his intuitive thoughts.
First of all, he told us that at present, the quality of Meicheng mooncakes itself has been fully qualified by the relevant departments, so the possibility of criminalization and violation of the Food Safety Law and the Consumer Rights Protection Law can be ruled out.
Then Ah T felt that the publicity problem in the live broadcast room of the three sheep was quite atypical.
Typical false advertising is that the quality of the product itself is defective, and it is simply a fake and shoddy product; or advertised as moon cakes but sold counterfeit products such as stinky tofu; Or maybe the content of the advertisement is completely different from the reality.
The quality of Meicheng moon cakes is no problem, the delivery is also moon cakes, and the production unit can barely get closer to Hong Kong, which is an exaggeration, but it is not completely false.
Even if you want to sue Three Sheep for false advertising in the live broadcast room, you have to prove that the other party is knowingly, that is, they know that Meicheng mooncakes are not a time-honored brand in Hong Kong but say so, which is often difficult to obtain evidence in practice.
Therefore, it is difficult to define the illegality of the Three Sheep live broadcast room with false advertising.
But on the other hand, if you investigate hard, the mooncakes produced in Hong Kong in recent years, such as Maxim's, have a relatively high degree of social recognition, so once it is advertised that this is a Hong Kong mooncake, customers will have an understanding that it is produced in Hong Kong.
Therefore, although the company has a connection with Hong Kong, from the perspective of life experience, this association is inconsistent with the cognitive habits of consumers, so Ah T feels that there are also elements of deception and misleading here.
According to Article 28 of the Advertising Law, it is indeed mentioned that the information of the place of origin does not match the actual situation, and has a substantial impact on the purchase behavior, which can also be regarded as false advertising.
Ah T also concluded that this is a controversial case, whether it constitutes false advertising or not, there are some reasons to find it, and he even thinks that he can write a master's thesis based on this case.
In the end, he guessed that if the three sheep live broadcast room was finally punished, the intensity might not be as great as netizens imagined.
According to the relevant legal provisions, if three sheep face a fine, they need to be fined between 3 and 5 times the advertising cost.
But as you know, the revenue from live streaming is basically composed of pit fees and two parts, so the advertising fee may be incalculable, and the whole incident itself may not constitute a serious situation, and it is likely that the upper limit of the fine for the three sheep will not exceed 1 million yuan.
Coincidentally, because we found that in the incident of "illegal use of trough meat with plum cabbage buckle meat" exposed at the 315 party at the beginning of the year, the three sheep live broadcast room was also involved, and finally apologized and refunded.
But in the end, not only did the three sheep live broadcast room not receive any punishment, but even in the trough meat incident, the clear seller Xiaocheng Preferred was not punished, and it was the manufacturer who was finally punished.
Lu Wenqing, the founder of Three Sheep
At the beginning of the month, the original cut beef rolls brought by the three sheep live broadcast room were hammered into spliced meat, and the Wuhan Qingshan District Municipal Supervision Bureau fined the supplier 500,000 yuan, while the three sheep live broadcast room apologized and refunded the product.
Thinking about it carefully, the three sheep live broadcast room seems to have not hurt its muscles and bones in several hot events.
But I'm afraid it's different this time, several other big anchors, who encountered similar false propaganda problems in the live broadcast room next door, all refunded the money as soon as possible.
And such a small head iron in the live broadcast room of the three sheep has led to the continuous rise in the heat of the matter in disguise, and there are signs of gradually detaching from the matter itself and transferring to some messy internal issues.
In other words, according to this trend, I suspect that the three sheep live broadcast room may not have time to meet the iron fist of the law, and it may be played by itself...