Recently, Shanghai Lin Qingxuan Biotechnology Co., Ltd. (hereinafter referred to as "Lin Qingxuan") was fined 50,000 yuan for violating the provisions of the Advertising Law of the Republic of China (2015) (hereinafter referred to as the Advertising Law) for expressing inaccuracies, unclearness or understanding of the performance, function, origin, use, quality, etc. of the goods, or the content, provider, form, quality, price, promises, etc. of the services.
The administrative penalty decision shows that Lin Qingxuan's two products violated the relevant provisions of the Advertising Law. Since April 23 last year, "Lin Qingxuan Camellia Time Repair Cleansing Balm 120g" product packaging box "product features" advertised "rich In Qingxuan extract active repair formula and a variety of plant extracts, amino acid mild formula, rich and soft foam, gentle and deep texture clear and clear, effectively repair the skin, so that the skin enjoys fresh and silky, exudes a transparent glow" content.
Since May 1 last year, "Lin Qingxuan Camellia Repair Bright Essence 30ml" product packaging box "Product Characteristics" publicity" is rich in Qingxuan Extract active repair formula and a variety of plant extracts, light emulsion-like texture, rapid penetration and absorption, repairing the skin while effectively purifying the skin, brightening the skin tone, making the skin delicate and transparent at all times. " content.
Shanghai Pudong New Area Market Supervision and Administration Bureau said that according to the efficacy test report provided by Lin Qingxuan, under certain conditions, the "Qingxuan Extract" contained in the above two Lin Qingxuan commodity ingredients does have the effect of repairing the skin barrier. However, the skin barrier refers to the outermost epidermal part of the skin, which cannot be completely equated with the skin, and Lin Qingxuan's functional expression of the above two products is inaccurate, unclear and unclear. The Shanghai Pudong New Area Market Supervision and Administration Bureau fined Lin Qingxuan 50,000 yuan in accordance with the first paragraph of article 59 of the Advertising Law of the People's Republic of China.
As of press time, Lin Qingxuan Company has not responded to this matter.
The fact that Lin Qingxuan was punished shows that if the product efficacy test report claims to repair the skin barrier, it cannot be equated with repairing the skin and repairing the skin.
The reporter learned that human skin can be divided into epidermis, dermis and subcutaneous tissue, and the epidermis layer is divided into stratum corneum, granular layer, spinous layer, muscle layer (basal layer) from the outside to the inside, and there is also a layer of sebaceous membrane outside the stratum corneum. The skin barrier, which is often referred to as the skin barrier, is composed of a sebaceous membrane and a stratum corneum. The main function of the skin barrier is to retain moisture for the skin, prevent moisture evaporation, resist external low-grade, and isolate harmful substances, and damaged skin barriers will make the skin vulnerable to the invasion of bacteria and chemicals.
At present, in the "Lin Qingxuan Official Flagship Store" on an e-commerce platform, the above two products have been removed from the shelves, but the reporter found that there are still many products in the store marked with the slogan of "repairing the skin barrier".
For example, the brand's ace product "Lin Qingxuan Camellia Emollient Oil" baby details describe "repair the skin barrier to prevent skin chaos", "the brand core ingredient 'Qingxuan Extract' can repair the barrier", "strengthen the skin health foundation"; Lin Qingxuan Camellia Balance Repair Soft Skin Water 150ml baby described as "rapid repair", "balance skin microecology" "rich Qingxuan extract repair skin barrier"; "Lin Qingxuan camellia repair nourishing cream 50ml" in the official flagship store of Lin Qingxuan is described as " Enriched with Qingxuan Extract Active Repair Formula to deeply repair the skin base".
According to Article 5 of the Specification for the Evaluation of Cosmetic Efficacy Claims, the efficacy claims of cosmetics shall have sufficient scientific basis, and the basis for the efficacy claims shall include literature, research data or the results of the evaluation test of cosmetic efficacy claims.
Under certain conditions, the "Qingxuan Extract" contained in lin qingxuan's product ingredients does have the effect of repairing the skin barrier, but is "repairing the skin barrier" equal to "deeply repairing the skin floor"? Is the "bottom of the muscle" the bottom of the muscle?
Wang Donghai, a lawyer at Beijing Shuangfa Law Firm, told reporters, "If a product advertisement claims a certain effect, the merchant should provide a test report to prove the existence of this effect." If it cannot be confirmed, the merchant's behavior is suspected of violating Article 28 of the Advertising Law, using fictitious information as supporting materials, and the promise of the relevant function of the product in the advertisement is inconsistent with the actual situation, affecting the consumer's purchase. ”
However, the reporter did not find in the details page of this product that there was a efficacy test report that "Qingxuan Extract" could go deep into the bottom of the muscle for repair, and it could not be provided after asking the customer service of the e-commerce flagship store.
The reporter called lin qingxuan's official customer service for consultation, and the customer service said that "'Qingxuan Cui' has the effect of repairing the skin barrier, this product is a relatively basic cream, and the effect is only simple repair and moisturizing effect." When the reporter asked whether the product could penetrate deep into the bottom of the muscle, the customer service responded that "it is okay to insist on using it." ”
According to Lin Qingxuan's official website, the company adopts the whole industry chain model to operate, and is a company integrating production, research and development, and raw material supply. The company has more than 30 domestic doctors of botany and dermatology, with 60 patents and 19 invention patents, and the brand positioning is "to provide consumers with natural, safe and effective skin care products".
It is understood that Lin Qingxuan has two kinds of online and offline sales channels, has special counters in department stores in major cities across the country, and the company currently has 329 (including cancelled) domestic non-special-purpose cosmetics for the record.
According to another eye survey, Lin Qingxuan's business scope includes cosmetics production; technology development in the field of biotechnology; online retailing of cosmetics, soaps and synthetic detergent products, oral cleaning products, etc., and the ultimate beneficiary Sun Laichun holds 76.67% of the shares. (Reporter Zhu Guowang Yang Qiqi)
Source: China Economic Network