Beijing Naughty Family Animal Hospital was suspected of false propaganda and was fined 200,000 yuan by the Beijing market supervision

According to the website of the Beijing Market Supervision Bureau, the Beijing Market Supervision and Administration Bureau recently issued an administrative penalty decision to Beijing Naughty Family Animal Hospital Co., Ltd. (hereinafter referred to as Beijing Naughty Family Animal Hospital).

According to the administrative punishment decision, on December 23, 2019, the source of the case clue received was "Beijing Naughty Family Animal Hospital suspected of false propaganda", and on January 3, 2020, an on-site inspection was conducted, and the case was filed on February 3, 2020. After investigation, from late September 2019 to January 3, 2020, Beijing Naughty Family Animal Hospital hung a plaque on the front wall of the first floor of Beijing Naughty Family Animal Hospital with the content of "Beijing Customs Outbound Companion Animal Declaration Designated Unit", and the production cost of the plaque was 500 yuan. The Beijing Customs certificate has never designated or authorized any hospital as the designated unit for declaring the departing companion animal to the Beijing Customs.

The above facts are mainly proved by the following evidence: 1. The business license of Beijing Naughty Family Animal Hospital Co., Ltd. proves the qualification of the main body of Beijing Naughty Family Animal Hospital; 2, the power of attorney and a copy of the ID card of the relevant personnel to prove the identity of the entrusted person; 3. 2 copies of the interrogation record, which proves that Beijing Naughty Family Animal Hospital has hung a plaque with the content "Beijing Customs Outbound Companion Animal Declaration Designated Unit" at the front desk of its business premises from September 2019 to the date of the crime; 4, the on-site photos, Screenshot printouts of the webpage and other documentary evidence to prove that (1) the location and method of the plaque hanging, (2) the Beijing Naughty Family Animal Hospital can make an exit declaration, (3) the production fee of the plaque involved in the case is 500 yuan; 5, the case clue submission form and attachments, proving that Beijing Customs has never designated or authorized any hospital to declare the designated unit of the outbound companion animal to Beijing Customs; 6. Screenshot print of the inquiry page of the China Customs Import and Export Credit Information Publicity Platform, It is proved that the Beijing Naughty Family Animal Hospital was the only animal hospital through the platform on December 10, 2020.

On January 22, 2021, the Beijing Market Supervision Bureau announced to Beijing Naughty Family Animal Hospital that it had delivered the Notice of Administrative Punishment Hearing [2021] No. 01011 of the Beijing Municipal Supervision and Punishment Hearing, informing Beijing Naughty Family Animal Hospital of the facts, reasons, basis and content of the administrative punishment decision that the Beijing Market Supervision Bureau intends to make an administrative punishment decision, as well as the right to make a statement, the right to make a defense and the right to a hearing enjoyed by Beijing Naughty Family Animal Hospital in accordance with the law. Beijing Naughty Family Animal Hospital did not submit statements, defense opinions and hearing opinions within the statutory time limit.

The above-mentioned acts of Beijing Naughty Family Animal Hospital violate the provisions of the first paragraph of Article 8 of the Anti-Unfair Competition Law of the People's Republic of China, and are illegal acts of making false or misleading commercial publicity of its goods. Pursuant to the first paragraph of Article 20 of the Anti-Unfair Competition Law of the People's Republic of China, Beijing Naughty Family Animal Hospital was ordered to stop its illegal acts and punished as follows: a fine of 200,000 yuan.

According to Tianyan, Beijing Naughty Family Animal Hospital was established in 2002, represented by You Rongwen, with a registered capital of 20 million yuan. Medical services for regular pets are available, as well as pet car transfers and 24-hour monitored boarding services. The controlling major shareholder is Shanghai Naughty Family Pet Co., Ltd., holding 100% of the shares, which is a Sino-foreign joint venture pet company in Shanghai, specializing in pet department stores, pure dog and cat grooming and medical treatment.

Paragraph 1 of Article 8 of the Anti-Unfair Competition Law of the People's Republic of China: Business operators must not make false or misleading commercial publicity about the performance, function, quality, sales status, user evaluation, and honors they have won on their goods, so as to deceive or mislead consumers.

Business operators must not help other business operators conduct false or misleading commercial publicity through methods such as organizing false transactions.

Paragraph 1 of Article 20 of the Anti-Unfair Competition Law of the People's Republic of China: Where a business operator violates Article 8 of this Law by making false or misleading commercial publicity about its goods, or helping other business operators to conduct false or misleading commercial publicity by organizing false transactions, the supervision and inspection department shall order it to stop the illegal conduct and impose a fine of between 200,000 and 1 million yuan; if the circumstances are serious, a fine of between 1 million and 2 million yuan may have its business license revoked.

Where business operators violate the provisions of Article 8 of this Law and publish false advertisements, they shall be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".

According to the Beijing Market Supervision Bureau, on April 6, 2021, the Bureau made an administrative penalty decision against Beijing Naughty Family Animal Hospital, because the whereabouts of Beijing Naughty Family Animal Hospital are not operating at the registered residence, and in accordance with the provisions of Article 74 (5) of the Interim Provisions on Administrative Punishment Procedures for Market Supervision and Management, the Beijing Naughty Family Animal Hospital was sent to the Beijing Municipal Supervision and Punishment Zi [2021] No. 45 "Administrative Punishment Decision Letter of the Beijing Municipal Market Supervision and Administration Bureau". After 60 days from the date of the announcement, it is deemed to be served, and Beijing Naughty Family Animal Hospital is requested to go to the Beijing Municipal Market Supervision and Administration Bureau within 60 days from the date of this announcement to collect the "Decision on Administrative Penalties of the Beijing Municipal Market Supervision and Administration Bureau" [2021] No. 45.

(Editor-in-Charge: Wang Chenxi)