Writing | Sunset
On May 28, CCTV News released a news-actor Jing Tian’s illegal advertising endorsement was investigated and 7.2212 million yuan was confiscated.
According to news, the State Administration for Market Regulation discovered relevant clues last year.
At the end of 2021, the advertising monitoring of the State Administration for Market Regulation found that actor Jing Tian was suspected of violating the Advertising Law for the advertising endorsement of related products of Guangzhou Infinitus Health Technology Co., Ltd. According to relevant regulations, relevant clues shall be distributed to the market supervision department of Guangzhou City, Guangdong Province for verification and processing according to the law.
It has been found out that Guangzhou Infinitus Health Technology Co., Ltd. selected Jingtian as its advertising endorsement for the “fruit and vegetable” food it produces and sells. Related “Fruit and vegetable” foods are common foods, and the company has no valid evidence to prove that it has the effect of “blocking the absorption of fat and sugar”.
Jing Tian is in should knowlaws and regulations Ordinary food shall not be advertised for the efficacy of treatment, health care, etc. in accordance with the law, and without valid means to verify the efficacy of the endorsed product, still Claiming that the endorsed product has the effect of “blocking the absorption of oil and sugar” in the advertisement in its own name and image has violated the relevant provisions of the Advertising Law.
Highlight the key points, “should know” and “unverified”.
Jing Tian was fined in accordance with Article 61 of the Advertising Law of the People’s Republic of China. How is this provision stipulated?
Article 61 of the “Advertising Law” stipulates that if an advertising spokesperson has any of the following circumstances, the market supervision and management department shall confiscate the illegal income, A fine of not less than one time but not more than twice the illegal gains will be imposed:
- < li>Violation of Article 16, Paragraph 1, Item 4 of this Law, making recommendations or certifications in advertisements for medical treatment, medicines and medical devices;
- Violation of Article 18, Paragraph 1, Item 5 of this Law, recommending or certifying in health food advertisements;
- Violation of Paragraph 1 of Article 38 of this Law by recommending or certifying unused commodities or services;
- Knowing or should know that the advertisement is false and still recommending or certifying the goods and services in the advertisement.
Among them, Article 18 of the Advertising Law stipulates that health food advertisements shall not contain the following content: assertions indicating efficacy and safety Or guarantee; claim or imply that the advertised product is necessary for the protection of health; use the advertising spokesperson for recommendation, proof, etc.
Article 38 of the Advertising Law stipulates that when an advertising spokesperson recommends or certifies goods and services in an advertisement, it shall be based on facts and in compliance with this law. Laws and relevant laws and administrative regulations stipulate that it shall not recommend or certify its unused commodities or services.
Official sources said that Jing Tian received a total of 2.579 million yuan in illegal income from the above advertising endorsements.
Guangzhou Tianhe District Market Supervision Bureau ordered Jing Tian to confiscate illegal gains and fined 4.6422 million yuan (the total amount of fines and confiscated 7.2212 million yuan). penalty decision.
In addition, the Guangzhou Municipal Market Supervision Department has dealt with the relevant illegal acts of Guangzhou Infinitus Health Technology Co., Ltd. in accordance with relevant laws and regulations.
Then, the State Administration for Market Regulation stated that, national market supervision departments are based on their responsibilities and resolutely implement the Work requirements related to comprehensive management in the entertainment field, strengthen the supervision of celebrity advertising endorsement activities in accordance with the law, effectively maintain market order, and clarify the atmosphere of the industry.
“Advertising laws and regulations have clear regulations on advertising endorsement activities. Characters, should carry out advertising endorsement activities in strict accordance with the law, earnestly fulfill the social responsibility of literary and art workers, and strive to create high-quality, authentic and legal advertising endorsement works.”
Immediately afterwards, Jing Tian issued a letter of apology, saying that during the contract signing process, he had not fulfilled his full review obligations and had a negative impact on consumers who trust related products. I hereby sincerely apologize.
She mentioned that she “deeply recognizes her own work omissions, fully accepts the market supervision department’s decision to punish me, and takes the first place. Time to pay the fines in full.” “In the future, we will never endorse any such related products, and resolutely prevent such incidents from happening again.”
There are two other details worth mentioning.
First, Jing Tian is not the first celebrity to be fined for an endorsement advertisement.
Before her, Li Dan was also punished.
On February 24, 2021, Li Dan posted an advertisement for Ubras brand women’s underwear on his personal Weibo. The advertisement copy The Ubras brand is called “a device that allows women to easily lie down and win the workplace”. The content of the copy is vulgar, degrading the dignity of women, and promoting bad social atmosphere.
In August 2021, the Beijing Haidian District Market Supervision Bureau notified typical cases of illegal advertisements.
In “The Case of Li Publishing Illegal Advertisements” , because the party, Li, posted an advertisement for branded women’s underwear on his personal Weibo, in violation of the relevant provisions of the “Advertising Law”, his illegal gains of 225,573.77 yuan were confiscated and he was fined 651,147.54 yuan.
However, he was not named in the official case at the time. According to the WeChat public account of China Market Supervision News, Li is a well-known talk show actor Li Dan.
Which rule did Li Dan violate?
Zheng Zhijun learned that, first, the “Advertising Law” stipulates that advertisements must not “obstruct social public order or violate good social customs”; Second, advertising spokespersons “should not recommend or certify their unused goods or services they have not received.”
Second, although there is Li Dan before and Jing Tian after, but more ” Most of the “Overturned Cars” stars were not substantively punished, except that they were caught in a public opinion turmoil at the time.
In October 2021, Xinhua.com released a news with the headline “Celebrity endorsements “overturning” frequently, why Rarely punished? 》
It is mentioned in the text that in recent years, frequent ” The celebrity endorsements of “Overturning the Car” include suspected false propaganda, daily necessities with quality problems, catering brands that ran away after charging a franchise fee, suspected of fraud, and even explosive wealth management platforms involving hundreds of millions of yuan.
Some celebrities use titles such as “experience officer” to avoid endorsement risks, which is convenient for “throwing the pot” at critical moments.
After a problem with an endorsement product, the celebrity’s response is the same: a “cancellation” or “apology” statement.
Industry experts said that the supervision of celebrity endorsements should be strengthened, laws should be improved, and enforcement efforts should be stepped up.
Jing Tian was publicly named, perhaps just the beginning of tightening supervision on celebrity advertising endorsements.
Data｜Xinhua News Agency, People’s Network, CCTV, etc. p>
Proofreading | Luo Jing