Brief introduction of the case:
"King of Special Efficacy Sterilization" is a pesticide approved for production in pesticide plant, Wolong, Nanyang, Henan. The factory said in its own printed advertisement: "The treatment of cancer is immediate, and the more effective it is in three days. National patent, leading miracle effect, trump card for treating diseases, exclusive production. The patent number of China is 94 1 16054.8. It is a new type of quick-acting broad-spectrum bactericide with magical effect, which has been developed by engineers and technicians in our factory for many years. It is the first in China. This product has been tested and applied in many fields. After spraying (or root irrigation) on various diseases caused by plant fungi and bacteria, it will take two days to take effect and return to normal in three days. It has a miraculous effect on treating "cancer" diseases of various crops, stimulating crop growth and preventing and treating viral diseases. Has the advantages of quick curative effect, wide therapeutic spectrum, unparalleled curative effect, small dosage, low cost, no drug resistance and effective rate of 100%. Is the king of all agricultural fungicides at present! It is a must in the world! ! ……"
After investigation, the advertising supervision and administration authorities confirmed that the advertisement had the following illegal problems: 1. Falsely claim a patent right. The factory has indeed submitted a patent application to the State Patent Office, which has accepted it. The so-called "patent number" in the advertisement is actually the patent application number, which violates Article 11 of the Advertising Law. "A person who has not obtained a patent right shall not falsely claim that he has obtained a patent right in the advertisement." Provisions prohibiting the use of patent applications without patent rights for advertising. This advertising program is illegal. Article 34 of the Advertising Law stipulates that advertisements for drugs, medical devices, pesticides, veterinary drugs and other commodities published by radio, film, television, newspapers, periodicals and other media must be reviewed by the relevant administrative departments in accordance with the provisions of relevant laws and administrative regulations; Without review, it shall not be published. As a pesticide, without the approval of the administrative department of agriculture, the advertisement of "king of special sterilization" was released. 3. There are unscientific assertions and guarantees in advertising language, which violate the provisions of Article 17 of the Advertising Law, such as "remarkable curative effect" and "quick effect". 4. Violating the second paragraph of Article 7 of the Advertising Law, using absolute terms such as "the king among kings" and "the best in the world".
After the advertising supervision and management department pointed out its illegal problems, the factory realized the illegal nature of its advertising behavior, actively cooperated with the handing over of unused product manuals and promotional printed materials, stopped selling products with false words and packaging, and expressed its willingness to accept the punishment of the advertising supervision and management department. In view of the factory's illegal facts and penitence, the advertising supervision and management organ decided that the factory should stop using commodity packaging, confiscate all the leaflets, packaging decoration and product manuals left in the box, write a written inspection, and make an administrative penalty according to law to order the factory to publish newspapers in public to eliminate the influence and impose a fine of twice the advertising cost.
Comments:
This illegal case of pesticide advertisement is representative and typical.
With the development of China's agricultural economy, the production and supply of pesticides have gradually entered the market. Pesticide advertisements have played a positive role in promoting the production and sale of pesticides, facilitating users to use pesticides accurately, ensuring the safety of people and animals, and popularizing agricultural science and technology. From the whole advertising market, although the number of pesticide advertisements is small, the characteristics of pesticide products determine the particularity of pesticide advertisements. The Advertising Law and related regulations have very strict restrictions and norms on the publication of pesticide advertisements, mainly including:
1. Article 34 of Chapter IV "Examination of Advertisements" of the Advertising Law stipulates that pesticide advertisements must be examined by the relevant administrative departments in accordance with the provisions of laws and administrative regulations before being published, and may not be published without examination.
2. Article 17 of Chapter II "Advertising Guidelines" of the Advertising Law stipulates that pesticide advertisements shall not contain the following contents: (1) absolute assertions of safety such as non-toxic and harmless; (2) containing unscientific assertions or guarantees indicating efficacy; (3) containing words, language or pictures that violate the rules for the safe use of pesticides; (4) Other contents prohibited by laws and administrative regulations.
Thirdly, the Measures for the Examination of Pesticide Advertisements and the Standards for the Examination of Pesticide Advertisements respectively stipulate how to apply for examination of pesticide advertisements, what supporting documents should be submitted, the procedures of preliminary examination, final examination, recall examination and re-application examination, and the detailed examination standards stipulated in the Advertising Law. According to the review method, the Ministry of Agriculture and the provincial agricultural departments (bureaus) shall review pesticide advertisements under the guidance of the advertising supervision and administration organs at the same level.
Pesticide production and operation enterprises must abide by the above provisions whether they publish their own advertisements or entrust advertising agents and publishers to publish advertisements. Generally speaking, the commissioned advertisements basically comply with the legal provisions, while the self-published advertisements often have illegal problems due to the lack of restrictive links in the publishing procedures, mainly because they have not been reviewed and published by the competent authorities, and the contents of the advertisements are illegal. This case belongs to this type, and its typicality lies in that the illegal performance covers several main aspects of illegal pesticide advertisements, and pesticide enterprises as advertisers should learn from them.
Among various forms of self-publishing advertisements, printed advertisements are welcomed by enterprises because of their low cost and flexible publishing methods, and are widely adopted by enterprises. However, there are some exaggerated, even false and spamming phenomena in print advertisements, which interfere with the normal life and social order of the masses, and the masses have great opinions. In order to standardize printed advertisements. The State Administration for Industry and Commerce has formulated the Interim Measures for the Administration of Printed Advertisement. The Measures stipulate that the publication of printed advertisements must be registered by the administrative department for industry and commerce, and no unit or individual may publish them without registration. Printing enterprises with advertising design and production business scope can directly print and print advertisements. Printing enterprises that have no business scope of advertising design and production can only print advertisements through the agents of advertising operators. Therefore, when printing advertisements, enterprises should also look at whether there are design and advertising projects in the business scope of the printing factory. When publishing a printed advertisement, an enterprise shall also send the advertisement to the administrative department for industry and commerce for the record. As this case occurred in 1995, and the Interim Measures for the Administration of Printed Advertisements came into effect from March 1997 to March 1 year, of course, this measure is not applicable to the advertising violations in this case. However, in the future, enterprises should not only abide by the general provisions of the Advertising Law, but also abide by printed advertisements.