Legal subjectivity:
False advertising is a common method used by businesses in advertising, mainly through fictitious products, over-exaggerating product efficacy, etc., or using methods that are likely to cause Advertising in a manner that misunderstands consumers in order to mislead and deceive consumers and seek benefits.
1. Penalties for illegal false advertising
Article 4 of the "Advertising Law" stipulates: "Advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers. Advertisements The owner shall be responsible for the authenticity of the advertising content.” Article 28 clearly defines false advertising and lists four typical false advertising behaviors. Regarding illegal advertising penalties for false advertising, the Advertising Law has specific provisions in Articles 55 and 56.
The industrial and commercial administration department is responsible for penalties for illegal advertising involving false advertising. In terms of illegal advertising penalties, for false advertising, the publication of the false advertising must first be stopped and the advertiser must be ordered to eliminate the impact of the false advertising; secondly, the advertising fee should be used as the baseline for fines, and the responsible party shall be fined based on the severity of the false advertising. Fines equivalent to different multiples of advertising costs. If the advertising costs are obviously too low and cannot be calculated, a fine of not less than 200,000 but not more than 1 million, or not less than 1 million but not more than 2 million will be imposed depending on the severity of the circumstances;
Finally, in serious cases, Under this circumstance, the advertiser's business license may be revoked, and at the same time, the advertising review authority will revoke the advertising review approval document and will not accept its advertising review application within one year.
At the same time, the Advertising Law also has corresponding regulatory measures for advertising producers and advertising publishers who produce and publish false advertisements. It can be seen that the provisions on penalties for false advertising in the Advertising Law are more comprehensive and detailed, and the penalties for illegal advertising can be applied according to the severity of the circumstances.
2. What are the false advertising behaviors
1. The goods and services introduced by the advertisers themselves are false.
(1) The description of product quality, performance, efficacy, etc. in the advertisement does not conform to the actual quality, performance, efficacy, etc. of the product.
(2) Unauthorizedly change the content approved for publicity in the "Advertising Approval Form" for special commodities such as food, medicine, pesticides, etc., conduct false and exaggerated publicity, deceive and mislead consumers. (3) Use false advertisements to recruit students, run schools, and train technology.
(4) Publish false "getting rich information, practical technology" advertisements to defraud money.
(5) There is no product available, or substandard goods are passed off as good ones, and the purchase money is defrauded in the name of mail order, making illegal profits.
2. The advertiser’s self-introduction does not match the actual content.
(1) Falsely claiming that one has obtained a production license and product registration certificate; falsely claiming that the product quality has reached the required standards, certified, and obtained a patent; falsely claiming that the product has won awards, won the title of high-quality product, etc. .
(2) Counterfeit other people’s registered trademarks, scientific and technological achievements, and use other people’s names to advertise your own business or products.
3. Some of the promises made about products and services are false, unfulfilled and deceptive.
3. The harm of false and illegal advertising
The harm of false and illegal advertising has a great impact on consumers.
1. If it is a false advertisement for food, the advertiser publishes information that is inconsistent with the quality, quality, shelf life, use, etc. of the product and the advertisement. This will not only cause damage to consumers' physical health, but at the least, the producer will have to compensate for economic losses or even be ordered to suspend production and business; at the worst, the producer will bear unlimited joint and several liability with the publisher of the advertisement, and bear tort liability to consumers.
2. If a false advertisement is issued for a drug, the drug in the advertisement does not have the efficacy and function advertised at all, and consumers unknowingly believed the product's promotion and gave up. Reasonable treatment plan, buy this product instead. At worst, the consumer's condition worsens; at worst, the consumer misses the best treatment period or even loses his life.
3. If false advertisements are issued on electrical appliances, the harm to consumers will be even more serious.
The electrical appliances being advertised are simply fake and shoddy Hershey's products that are advertised in such a fantastic way. If consumers buy and use the products, at worst, the appliances may explode or the appliances themselves may be damaged. More seriously, the explosion of electrical appliances causes damage to consumers' own personal property, and even damages the legitimate rights and interests of third parties. Legal objectivity:
Operators are not allowed to use advertising or other methods to make misleading and false propaganda about the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of goods. Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known. If an operator uses advertisements or other methods to make misleading and false propaganda about the product, the supervision and inspection department shall order it to stop the illegal behavior and eliminate the impact, and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances. Advertising operators who knowingly or should have known to act as agents, designers, producers, or publishers of false advertisements shall be subject to supervision and inspection. The department should order the cessation of illegal activities, confiscate illegal gains, and impose fines in accordance with the law. If a consumer's legitimate rights and interests are harmed because an operator uses false advertising to provide goods or services, he or she may demand compensation from the operator. If an advertising operator publishes false advertisements, consumers may request the administrative department to punish them. If the advertising operator cannot provide the operator's true name and address, he shall be liable for compensation. Article 38 of the Advertising Law stipulates: “Where false advertisements are published to deceive and mislead consumers, thereby harming the legitimate rights and interests of consumers who purchase goods or receive services, the advertiser shall bear civil liability in accordance with the law; advertising operators, If an advertisement publisher knows or should know that the advertisement is false but still designs, produces, or publishes it, he shall bear joint and several liability in accordance with the law. If the advertising operator or advertisement publisher cannot provide the advertiser's true name and address, he shall bear full civil liability."