[Authoritative release] Nantong Market Supervision Bureau announced the second batch of typical cases of illegal advertising in 2020

Since the beginning of this year, the market supervision system of Nantong has continued to carry out false illegal advertising rectification work. In advertising supervision, it has adhered to the problem as the guide and serving the people’s livelihood as the fundamental, highlighting the financial, education and training, real estate, food, and medicines that are closely related to the people of the people. In key areas such as medical advertising, highlight the Internet media with relatively high violations, improve the monitoring system, strengthen law enforcement case handling, carry out credit evaluation, keep the bottom line, and effectively safeguard the legitimate rights and interests of the people.

To further warn advertising illegal acts

Enhance the public identification of the public to prevent false illegal advertising capabilities

It is now announced that the market supervision system of Nantong City in 2020

The second batch of typical cases of illegal advertisements investigated and punished

Case 1: Jiangsu Medical Technology Development Co., Ltd. Online releases illegal medical device advertising cases

In March 2020, the law enforcement officers of the Haimen Market Bureau were checked on the online shop named “XXX Cardiovascular Ultrasound therapy instrument” on the online store of the parties in Suning Tesco. Conventional dose of lipid -lowering drugs is equivalent to the effect, physical therapy has no toxic and side effects, suitable for long -term use “, test comparison chart” Patient testing the patient’s blood lipid test report proves the “heart and liver baby ‘” “, Patient inspection report and other content.

The behavior of the parties violates Article 11 of the “Interim Measures for the Advance Advertising Management of Drugs, Medical Devices, Health Foods, Special Medical Formulas, and Article 9, Article 16, Seventeen, and Tenth of the” Advertising Law ” The relevant provisions of Article 8 and 19 shall be investigated for investigation. On July 23, 2020, the Haimen Market Supervision Bureau made an administrative penalty decision, ordered the parties to stop the release of advertisements involved in the case, eliminated the impact within the corresponding range, and held an administrative fine of RMB 10,000.

Case 2: Rudo Hospital’s network releases illegal medical advertising cases

【权威发布】南通市市场监管局公布系统2020年第二批违法广告典型案例

On June 27, 2020, Rudong County Market Supervision Bureau received a report, reflecting the false advertisement content released by the East Hospital on the WeChat public account. The WeChat public account “Rudong XX Hospital” was inspected “Eastern XX Hospital” “Reflexing the patient and reassuring the doctor! 》 The content of the article, found that the parties were reviewed by the advertising review agency, published a medical advertisement that used patients to proof and compared with other medical institutions. In the medical advertisement, the parties introduced the treatment process of “Ms. Wang” and described the “Someone” “Someone The director of the hospital’s gynecological department suggested to do cervical cone cutting “,” I found multiple obstetrics and gynecology hospitals for treatment, but none of them did not have a good effect. After each treatment, it was still high -risk infection with HPV positive “,” in the gynecological treatment of our hospital through our hospital for gynecological treatment The central supershell comprehensive treatment is reviewed after four courses, and the high -risk HPV is all turned negative. ” His behavior violated Article 46 of the Advertising Law and Article 16 (1) (3) (4) of Article 16 (1) of the Law; the hospital compares the treatment effect with other hospitals. The provisions of Article 16 (1) and (4) of Article 16 (1) and (4) of the “Advertising Law” shall be investigated. On September 3, 2020, Rudong County Market Supervision Bureau made an administrative penalty decision, ordered the parties to stop the release of advertisements involved in the case, eliminated the impact within the corresponding range, and imposed an administrative fine of RMB 100,000.

Case 3: A native restaurant in the Development Zone published a false advertising case containing the content of “Jiangfan Seafood”

On July 23, 2020, law enforcement officers of the Development Zone Market Supervision Bureau inspected the “Special Rectification of illegal Fish Fish Fish Fish Fish Fish Fish” in the Development Zone. The word “Seafood”, and the restaurant’s three “Point Menu” on July 19, on July 18, 2020, Top 22 on July 19, and three on July 20, all contain the unit price of 38 The dishes named “Jiang Zi”. It was confirmed with the chef of the shop that the restaurant did not sell the Yangtze River calendar and other Yangtze River fishing objects such as the Yangtze River fish and the Yangtze River shrimp, nor did it provide dishes such as “Jiangxian” and “Jiang Zi”. During the inspection, law enforcement officers produced “Live Records” and extracted relevant evidence.

The parties issued a false advertising behavior and violated the provisions of Article 13 of the Advertising Law, and shall be investigated. After investigation, the parties commissioned a signature signboard with the word “Jiangfa” in May 2018 to make a signboard with the word “Jiangfan Seafood”. It was installed in place on May 9, 2018. The advertising cost was 330 yuan. On August 7, 2020, the Nantong Development Zone Market Bureau made an administrative penalty decision, ordered to stop the release of advertisements involved in the case, eliminated the impact within the corresponding range, and imposed an administrative fine of 1,200 yuan.

Case 4: Nantong Home Furnishing Products Co., Ltd. Online Publishing Home Textile Products Fake Advertising Case

【权威发布】南通市市场监管局公布系统2020年第二批违法广告典型案例

According to the clue of the report, law enforcement officers of the Chongchuan District Market Supervision Bureau of Nantong City to Nantong Home Furnishing Products Co., Ltd. sold the “INS air conditioner by two meters × 2.3 meters of cotton quilt core 1.5 thin quilt 1.5 thin quilts in Tmall’s” XXX home flagship store “online store Spring and autumn was checked by the “product webpage information, and found that there were” 4 times the moisture. The 5-level color is good. 90%thin and breathable. The 2%-3%shrinkage rate is low “and other content; The air conditioner was promoted by the four -piece two -piece double -piece two -piece set of summer.

After investigation, the parties could not provide the corresponding inspection and monitoring report. Its network propaganda behavior, violating the provisions of Article 28 (2) of Article 28 (2) of the Advertising Law, shall be investigated. On July 7, 2020, the Chongchuan District Market Supervision Bureau of Nantong City issued an administrative penalty decision to order the parties to stop the release of advertisements involved, eliminate the impact within the corresponding range, and impose an administrative fine of RMB 2,000.

Case 5: Nantong Real Estate Co., Ltd. released an illegal advertising case

In April 2020, law enforcement officers of the Chongchuan District Market Supervision Bureau of Nantong City Published a propaganda real estate project on the WeChat public account “Nantong XX Network” on a real estate company in Nantong. The commitment of investment return, useful time indicates that the project reaches a specific address. At the same time, law enforcement officers were inspected in the lobby hall of the real estate project. On -site inspections found that there was a publicity poster displayed, and the poster had the content of appreciation or investment in return.

The above -mentioned behavior of the parties violated the provisions of Article 9 (3), Article 26 (1), and (2) of the “Advertising Law”, and shall be investigated. On August 14, 2020, the Chongchuan District Market Supervision Bureau of Nantong City issued an administrative penalty decision to order the parties to stop publish an advertisement involved, eliminate the impact within the corresponding range, and impose a penalty of 10,000 yuan in administrative fines.

Case 6: Nantong Beauty Co., Ltd. released an illegal advertising case

On June 17, 2020, law enforcement officers in the Chongchuan District Market Supervision Bureau of Nantong City found that a Beauty Co., Ltd. Beauty Co., Ltd. was released on the WeChat public account “Nantong XXX Medical Beauty”. Barbie big eyes. “(2019.10.10),” The reason why women’s belly can’t lose weight “(2019.11.11) article, in the name of medical staff Park XX (Korean), Cheng X show (Korean), Recommended and proof. It is also found that the parties published content information containing “top” and “most cutting -edge” in their “public account profile”.

The behavior of the parties violates the provisions of Article 16 (1) of Article 16 (1) of the Advertising Law, and shall be investigated. On July 13, 2020, the Chongchuan District Market Supervision Bureau of Nantong City issued an administrative penalty decision to order the parties to stop publish an advertisement involved, eliminate the impact within the corresponding range, and impose a penalty of RMB 7,000.00.

Case 7: Rugao’s Steel Wire Factory Network releases false advertising cases

The company’s company opened an online store on the Alibaba platform. The advertisements released by the online store contain the words “Copper -plated steel wire wheel stripping machine for twenty years of old factory quality and low -price steel wire wheel inventor”. The proof materials, which published false advertisements, violated the provisions of Article 4, paragraph 1 of the Advertising Law, for investigation. On March 18, 2020, the Rugao Market Supervision and Administration Bureau made an administrative penalty decision, ordered to stop the release of advertisements involved in the case, eliminated the impact within the corresponding range, and held an administrative fine of 9,000 yuan.

Case 8: Rugao’s textile business department network releases false advertising cases

Through Alibaba shopping platform, the parties published advertisements on its company’s online store. The advertisement contains “Rugao XX Textile Management Department Customized Cotton Saton Style Massage bed cover bed cover Student sheets [customized quilt] whole cotton comfortable texture, experience Rouran Touch, good breathability, natural antibacterial, care for your skin “. The parties cannot provide proof materials involved in the case, and their release of false advertising violates the provisions of Article 4, paragraph 1 of the Advertising Law, and investigate the case. On March 18, 2020, the Rugao Market Supervision and Administration Bureau issued an administrative penalty, ordered to stop advertising, eliminate the impact within the corresponding range, and impose an administrative fine of 9,000 yuan.

Case 9: A hospital in Nantong released a false medical advertising case

The page of Nantong Hospital on the “Clinical Department” column pages in its official website showed “… the 100 -level stratum stream ward provides a guarantee for high -dose chemotherapy, so that the cure rate of patients with lack of granulocytes after chemotherapy has almost reached 100 %…” “” Proficient in dealing with severe complications after chemotherapy -granulocyte deficiency, regulatory rescue measures, and rescue success rates of 100%… “and other contents, the” … the medical technology department “column page shows” … if the lesion can be found early, the lesions can be found early, Only LeeP surgery in gynecological clinics can prevent cervical cancer from occurring. The cure rate is as high as 100%… “” … Especially the application of liquid cytology technology can effectively improve the positive detection rate … “and other content.

The parties were suspected of publishing medical content advertisements containing prohibited content, and their behavior violated the provisions of Article 16 (1) of Article 16 (1) of the “Advertising Law” and shall be investigated. On March 13, 2020, the Tongzhou Market Supervision and Administration Bureau of Nantong City made an administrative penalty decision, ordered to stop the release of advertisements involved, eliminated the impact within the corresponding range, and held an administrative fine of RMB 20,000.

special reminder

、 For advertising content involving medical, drugs, medical devices, and health foods, Article 16, 17, and 18 of the Advertising Law clearly stipulate. Article 46 of the “Advertising Law” stipulates that the publication of medical, drugs, medical devices, pesticides, veterinary drugs and health food advertisements, and other advertisements that shall be reviewed by laws and administrative regulations shall be reviewed. Advertising review agency) reviews the content of the advertisement; it shall not be released without review.

第 According to the provisions of Article 17 of the Advertising Law, in addition to medical, drugs, and medical equipment advertisements, other types of commodity advertisements cannot involve disease treatment functions, and medical terms shall not be used, including the products and medicines and medical devices that are easy to sell. Confusing words are not available!

“Interim Measures for the Advisory Measures for the Adjusting Management of Food Advertising for Drugs, Health Foods, Special Medical Foods, and Special Medical Purpose Formulas for” Sanpin and One Contribution “advertising supervision and management, standardized advertising review work, safeguarding the order of advertising market, and protecting the legitimate rights and interests of consumers. The following is clearly stipulated:

The first is the content of the “three products and one weapon” advertisement, such as advertising approval number, non -prescription drug logo, health food logo, suitable group and inappropriate population, and the applicable group of special medical use formula foods.

The second is that in the “Three Products and One Contribution” advertisement, it shall not contain the prohibitions listed in relevant laws and administrative regulations, that is, it shall not contain “an assertion or guarantee of” exponential effects and safety; Health food involves disease prevention and treatment functions; compared with other drugs, medical devices, and health foods, health food claims or imply that advertising goods are necessary to ensure health; use advertising spokespersons for recommendation and proof “such as advertising.

Third, the content of the advertisement must not be inductive content. It must not contain “safe, safe and non -toxic side effects, small toxic side effects, clear or implied ingredients to be” natural ‘, so safety is guaranteed “, contains” hot sales, snap -up, trial trials, trial trials , Essentials for Family, Free Treatment, Free Gifts, etc. “, including” comprehensive evaluation content such as evaluation, sorting, recommending, designated, selected, prizes, etc. ” Content, encourage consumers to arbitrarily, use medicine, health food and special medical use formula foods “.

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