Recently, the promotional event of L'Oreal Paris mask has become the focus of public opinion of consumers. By the end of October, several e-commerce anchors such as Li Jiaqi and Wei Ya brought pre-sale for a L'Oréal facial mask in the live room on double 11th. L'Oréal officially declared that the price cut was "the biggest effort of the year."
However, in early November, many consumers found that they could buy 50 pieces of the same mask at a lower price. Later, Li Jiaqi and Wei Ya simultaneously issued a statement saying that they hoped that L'Oréal could provide a reasonable solution within 24 hours, otherwise it would compensate for the bottom line, and said that all cooperation with the brand would be suspended.
Ge Youshan,Executive Director of JAVY Law Firm
In response to this incident, the CCTV "Consumer Proposition" program group specially invited Mr. Ge Youshan, the director of the Consumer Rights Protection Committee of the Beijing Lawyers Association and the executive director of JAVY Law Firm, conducted relevant legal interpretations as the following.
The program was officially aired on CCTV2 Finance Channel on November 22.
What rights and interests of consumers have been violated by this approach of L'Oréal, and is it false propaganda? Should we bear the corresponding legal responsibilities?
Attorney Ge Youshan believes that in this case, consumers' right of knowing, fair dealing and making choice may be impaired. Consumers have the right to choose to accept L'Oréal's apology, but also have the right to choose to refuse, and protect their rights in accordance with the law. For example, consumers can ask L'Oreal to refund the difference, or ask L'Oreal to return the goods or compensate for the loss.
Articles 8, 9, and 10 of the " The Protection Law of China Consumer Rights " clearly stipulates that consumers have the right to know the true conditions of the goods they purchase or use, or the services they receive, the right to choose goods or services independently , and the right to fair trade.
In addition, Attorney Ge Youshan also emphasized that L'Oréal’s biggest publicity language of the year also violated the relevant provisions of “The Advertising Law” and “The Anti-Unfair Competition Law”, and operators must not make misleading and false publicity.
Regarding how consumers protect their rights, Attorney Ge Youshan said that if the above two methods are not resolved, they can complain to the market supervision and management department, and the market supervision and management department will investigate and punish the business operator. If the two parties fail to reach an agreement, or the negotiation fails, they can choose to file a suit in the people's court to protect their legitimate rights and interests in accordance with the law.
In addition, some staff of JAVY Law Firm also accepted CCTV interviews as consumers.
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