Recently, a water enterprise in Kunming, Yunnan claims that alkaline water can cure some diseases, and also published some so-called "curative effect" video on the public number. After the patient comes to tell, after drinking alkaline mineral water, the gout attack is significantly reduced. The uric acid has dropped significantly. So, the alkaline water does not have a role in the body, and when will the marketing chaos of promotion? Recently, the JAVY Law Firm Deng Quan's lawyer accepted the interview with Beijing Radio and Television Station "1039 News Morning Post" and conducted detailed interpretation of this incident.
What is alkaline water? Is it beneficial to human health? Some experts said that this is just the head of the company, and the acid-alkalinity of the human body is never changed by food. It cannot be used as a drug, and it is more impossible to cure DISEASES.
(图片引自网络)
1039 News Early-bus
In response to this phenomenon, what is the reason for the various concepts of merchants? In response to this phenomenon, what laws have national legal provisions?
Deng Xu lawyer
The merchant is suspected of false propaganda. Alkaline water products belong to food categories, and Kunming's water enterprises are false propaganda. According to the provisions of Article 28 of my country's Advertising Law, advertisements use false or misunderstood, deceive misleading consumers, when promoting alkaline water is healthy, consumers have purchased because of this publicity of merchants. This product is as mentioned in the advertising method. The function information of the product does not actually do, belongs to false propaganda, belonging to false advertisements.
According to the provisions of Article 55 of the Advertising Law, issued false advertisements, ordered by the market supervision and administration department to stop issuing advertisements, eliminating the impact, in addition to fines below 5 times or more, and advertising costs cannot be calculated or obviously low. For a fine of more than 200,000 yuan or more, consumers can conduct a three-fold commercial price for the merchant.
In response to the propaganda of the above enterprises, the local relevant departments also intervene in the local involvement in the local area, and the products involved in products were fully removed.
1039 News Early-bus
Too low penalty is the root cause of the merchant repeatedly, and what suggestions do you have? Deng Xu Lawyer
I think it is still possible to improve the corresponding penalties accordingly, as a fine of advertising costs or a statutory fines below 200,000 yuan or more than 1 million yuan, this amount is compared to the merchant's profit or lower, can be introduced. As the illegal profit amount of merchants as data standards for formulating punishment.
For consumers, once you find this false advertisement, you can also actively conduct complaints to the market supervision and administration, you can also complain to the consumer association or file civil lawsuits, and advocate three punitive compensation, through personal rights consciousness. Enhancement, which is also conducive to purifying our market.
Alkaline water can not replace the drug, it can be treated with the lie. The function of drinking water is to replenish moisture in vivo, alkaline water is no exception, consumers can drink normally, but don't use it as a "drug" capable of creating disease.
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