Pingguo ophthalmic equipment trading company makes misleading business case
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On November 20, 2020, the Pingguo City Market Supervision Bureau received a consumer report from the Baise City Market Supervision Bureau, saying that the Pingguo County Huatuo Ophthalmic Equipment Trading Co., Ltd. The name of the company (hereinafter referred to as: Huatuo Ophthalmic Equipment Company) was misleading, mistaking the company as a medical institution, and brought the child to the company’s store to purchase glasses, requesting investigation and punishment according to law. Law enforcement officers conducted a preliminary inspection of the business premises of Huatuo Ophthalmic Equipment Company and its three subsidiaries.
After investigation, since September 2017, Huatuo Ophthalmic Equipment Co., Ltd. Under the circumstance of “Practicing License”, in order to improve the company’s reputation and enhance the recognition of consumers, in the company’s main store and 3 branches, store decorations, as well as sales documents, glasses sheets, glasses cloth (box), price tags, visual acuity Tables, plaques, pennants and other materials and items, prominently use the words “Huatuo Ophthalmology”, “Huatuo Ophthalmology Optometry Center”, “Huatuo Ophthalmology Center”, “Pingguo Clinic” and “Huatuo Ophthalmology Clinic”. commercial promotion. And from January to December 2018, and from November 2019 to May 2020, respectively, in the name of “Pingguo County Huatuo Ophthalmology” and “Pingguo County Huatuo Ophthalmology Trade Union Committee”, “Care for Eyes” was organized externally. Business promotion campaign. It is enough to make consumers and the public mistakenly believe that the company is an “ophthalmological diagnosis and treatment institution” with medical qualifications, which objectively produces misleading and harmful consequences, has a substantial impact on consumers’ behavior of purchasing glasses, and disrupts the market competition order. Unfair competition. The Pingguo Market Supervision Bureau ordered Huatuo Ophthalmic Equipment Company to stop making misleading business promotions and imposed an administrative penalty of a fine of 500,000 yuan.
Case Analysis: This case has gone through hearings, administrative It is believed that the administrative organ has clearly identified the facts, the evidence is sufficient, the application of the law is correct, and the discretion is appropriate, and the claims of the parties are upheld and rejected. And the media attention is high, the social response is strong. Remind the majority of operators to operate in good faith and operate legally. Consumers are reminded that when purchasing goods or services, they should fully understand the real situation of the goods or services, do not believe in advertising promises, and do not make impulsive and blind purchases. If a business is found to be fraudulent, it should retain relevant evidence and file a complaint report or litigate its rights in a timely manner.
[Source: Market Supervision and Administration Bureau of Guangxi Zhuang Autonomous Region]
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