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Recently, according to the official website of the State Administration of market supervision, the well-known actor Jing Tian was suspected of violating the relevant provisions of the advertising law by endorsing the relevant commodities of Guangzhou infinite Chang Health Technology Co., Ltd. (hereinafter referred to as "infinite Chang"), and the illegal income of Jing Tian was confiscated. The total amount of fines was 7.2212 million yuan, and she was not allowed to endorse for three years. Recently, lawyer Deng Xu of Javy law firm was interviewed by Beijing Radio and television station 1039 News Morning Post, and gave a detailed interpretation of this event.

After investigation, Guangzhou Infinite Health Technology Co., Ltd. selected Jingtian as the advertising agent for the "fruit and vegetable" food it produced and operated. The relevant "fruit and vegetable" food is actually ordinary food. The company has no effective evidence to prove that it has the effect of "preventing the absorption of oil and sugar". Jingtian still claimed in her own name and image that the endorsed products had the effect of "preventing the absorption of oil and sugar" in the advertisement, and her behavior has violated the relevant provisions of the advertising law, even though she should know that the laws and regulations stipulate that ordinary food shall not be publicized for treatment, health care and other effects according to law, and has not verified the relevant effects of the endorsed products through effective means.

On May 28, Jingtian issued a letter of apology on her microblog for "illegal advertising endorsements", saying that she accepted the punishment decision of the market supervision department and had paid all the fines.

(picture from the network)

So can this fruit and vegetable compression candy really prevent the absorption of oil and sugar? Some experts say that the drugs that can effectively absorb oil, drain oil and block sugar should be used under the guidance of doctors. What violations did Jingtian have in this incident? The Guangzhou Infinite Health Technology Co., Ltd. involved in the case naturally bears the main responsibility, and the spokesman Jingtian has also been punished. What are the violations of Jingtian? Lawyer Deng Xu said:

Lawyer dengxu

The food company involved in the case, as an advertiser, published false advertisements. The market supervision department has the right to order it to stop publishing advertisements, order the advertiser to eliminate the impact within the corresponding scope, and impose a fine of more than three times but less than five times the advertising cost. If the company has committed such illegal acts more than three times within two years, it may also face a higher fine, or even revoke its business license, The approval documents for such advertisements shall be revoked by the advertising examination authority, and the application for advertising examination shall not be accepted.

Jingtian belongs to the behavior that should know that the law stipulates that ordinary food advertisements shall not involve the efficacy of treatment and health care, and the efficacy of the food they endorse has not been verified through effective means. Then this behavior belongs to Item 4 of Article 61 of the advertising law. The Advertising Spokesperson knows or should know that the advertisement is false, and still recommends and certifies the goods in the advertisement.

The public has noticed that before, there were many star endorsements that were frequently exposed. However, most stars do not seem to have to bear too much responsibility. This time Jingtian was fined and banned from endorsements for three years. What is the difference between this incident? Let's continue to listen to lawyer Deng Xu's introduction:

Lawyer dengxu

So if a similar illegal advertising event occurs, should the Advertising Spokesperson bear the corresponding responsibility? It mainly focuses on two aspects. First, it should be based on this fact. The Advertising Spokesperson should review the basic information of the enterprise, the basic information and functions of the product, and it is very important to personally use the corresponding goods and services.

The second point is not to violate the advertising law and relevant laws and regulations. For example, according to the provisions of the food safety law, the contents of food advertisements shall not involve the functions of disease prevention and treatment. Then as the spokesperson of the advertisement, he should understand and strictly abide by the corresponding laws and regulations when shooting the advertisement.

If these two aspects are not achieved, then the advertising spokesperson is likely to bear the corresponding joint and several liabilities together with such advertisers.

Lawyer dengxu believes that the punishment for public figures in this incident is appropriate.

Lawyer dengxu

The amount of this punishment is more than 7 million yuan, which is mainly divided into two parts. The first part is to confiscate the illegal income of more than 2.5 million yuan, and the second part is the fine. The standard of the fine is between one and two times the illegal income, so the final total is more than 7 million yuan. Because the advertising spokesmen who have been subject to administrative punishment for such false advertising can not carry out advertising within three years, which is very important for Jingtian, The potential impact of advertising revenue is still great. This punishment is implemented in full accordance with the existing provisions of the advertising law. The punishment should be said to be appropriate. It also has a good alerting effect for star advertising spokesmen.

Some experts believe that celebrity endorsements should be self respecting, self disciplined and introspective. Stars should have legal thinking when endorsing, both to protect themselves and the public. Nowadays, there are many wechat businesses, and many stars and even online celebrities promote their products on their own platforms. What should we pay attention to this kind of phenomenon? Should stars and online celebrities be held responsible in case of problems, let's listen to lawyer Deng Xu's introduction:

Lawyer dengxu

Some wechat businesses may be relatively small in scale and popularity. Advertising spokesmen should pay special attention to the review of the enterprise's qualifications and relevant information, including the enterprise's scale, registered capital, court representatives and shareholders, relevant information involving litigation, and business premises. At the same time, they must personally use relevant products and services, and strictly review the corresponding functions and effects, Effectively shoulder the social responsibility of advertising spokesmen.

Advertising laws and regulations clearly regulate advertising endorsements. As public figures, stars should strictly carry out advertising endorsements in accordance with the law, earnestly fulfill the social responsibilities of literary and art workers, and strive to create advertising endorsements with good quality and true and legal content