Overlord Guangzhou illegal punishment to release false advertisements for cosmetics for sale

Recently, the Guangzhou Market Supervision and Administration Bureau issued an administrative penalty decision (Sui Yun City Supervisor [2022] No. 608) showed illegal acts that violated the comprehensive laws and regulations of advertising.

On December 29, 2021, the law enforcement officer of the Baiyun District Market Supervision and Administration Bureau of Guangzhou City went to the Bawang (Guangzhou) Co., Ltd. on No. 468 Guanghua San Road, Baiyun District, Guangzhou, and found that the product sold on WeChat applets on WeChat Mini Program: 1 , Rogue Holding Gift Box (100g Rogue Holding Cleansing Milk 10ml Ronential Capture Moisturizing Water+100ML Rosewars Nourishing Milk Cream+30ml Rogue Nourishment Water (gift) (Gifts)); 2. Rosyhhopper mining milk (100g of net content); 3. Overlord's bacteriostatic handwashing (honeysuckle moisturizing type+ginger refreshing type, net content 500g); The advertisements published by the laundry solution (net content 2kg) and other product publicity pages contain false advertising content, which are suspected of publishing false advertising illegal behaviors.

After investigation, the parties sold on the WeChat Mini Program from May 2020 to December 2021: 1. The Rogue Box Box of Bencaita (100g Rogue Cleansing Milk+110ml Rogue Nourishing Monument Water+Water+Water+ 100ml Ronential Huan Nourish Nourishing Milk Cream+30ml Ronential Capturing Yan Yan Shui Water (Gift)+7G Rosy Huan Nourish Yan Jinghua Cream (Gift)) Publication page marks "Ruddy skin and white", "Farewell to Yellow Face Po", "Hurry up Go yellow qi "," rosy and white "," melanin precipitation, more and more spots "," fair skin "," freckles, stains, yellow gas, dullness "," improving dark yellow "," conditioning fairness " , "... to be bright white" and other functional publicity terms; 2. Rosyhwitting cleansing milk (net content 100g) publicity page marks "beauty and white ...", "bright skin and fairness", "improvement of dark yellow", "hitting", "hitting" Functional publicity terms such as retreating the face "and other functional publicity; 3. Overlord's bacteriostatic handwashing (honeysuckle moisturizing type+ginger refreshing type, net content 500g) publicity page indicates that" effective sterilization 99%"," efficient sterilization ... "and other words; 4. Litao sterilize 2 -in -laundry solution (net content 2kg) publicity page marks the words such as "effectively killing 99%of bacteria".

After verification, the rosy and bright gift boxes and rosy cleansing milk sold by the parties did not obtain the administrative license approval of domestic special use cosmetics. It belongs to ordinary cosmetics and does not have the function of its claim. The Overlord Bacterial tostes and Litao Sterilizer 2 -in -1 Laundry Detection Report did not have sterilized testing items, and did not have its claims. The above -mentioned advertising information issued by the parties is false information and does not match the actual situation. It is deceived and misleading consumers.

From May 2020 to December 29, 2021, the sales of the rosy and bright gift boxes of Bencusa were 58,464 yuan; the sales of rosy Huanci cleansing milk were 2028 yuan; 2147 yuan; Litao sterilized deodorizing 2 -in -1 laundry solution was 4683 yuan. The total sales of the above four products on the WeChat Mini Program of the parties are 67,322 yuan. The above -mentioned advertisements released by the parties edited and published on the WeChat Mini Program of the parties.

The Baiyun District Market Supervision and Administration Bureau of Guangzhou believes that the parties have a long time illegal time. From May 2020 to December 2021, it reaches more than a year and a half. Article 16 Paragraph 1 may be punished in accordance with the law; the parties actively cooperate with the investigation of the Baiyun District Market Supervision and Administration Bureau in Guangzhou, and in line with Article 14) The stipulated states can be punished from light punishment in accordance with the law. According to Article 19 of the "Provisions on the Regulations on Regulating Administrative Punishment of Administrative Punishment in Guangzhou Market Supervision and Administration", after comprehensive tailoring, the general plot Punishment amplitude.

The above -mentioned behavior of the parties violates the provisions of Article 4, paragraph 1 of the Advertising Law of the People's Republic of China, and constitutes the false false of the provisions of Article 28 (2) of Article 28 (2) of the "Advertising Law of the People's Republic of China" Advertising, in accordance with Article 55 of the "Advertising Law of the People's Republic of China",, paragraph 1, paragraph 1), the Baiyun District Market Supervision and Administration Bureau of Guangzhou City recommends that the parties are punished as follows: 1. Order the parties to stop publish illegal advertisements; Eliminate impact within the corresponding range; 3. RMB 600,000.

On May 17, 2022, the hearing agency held a hearing on the party's application and heard the complaints and defense opinions of the parties and the case handling unit. The hearing agency believes that the fact that the parties have issued false advertisements are clear and the evidence is sufficient. It is not inappropriate for the Guangzhou Baiyun District Market Supervision and Administration Bureau to make administrative penalties. However, considering that the parties actively cooperated with the investigation after the incident, and corrected illegal acts in a timely manner, there were no serious consequences. It is recommended that the case handling unit re -consider the number of fines of the parties. In view of the above situation, the Baiyun District Market Supervision and Administration Bureau of Guangzhou has decided to punish the parties as follows:

1. Order the parties to stop publish illegal advertisements;

2. Order the parties to eliminate the impact within the corresponding range;

Third, a fine of RMB 550,000.

The Tianyancha APP shows that the Bawang (Guangzhou) Co., Ltd. was established on April 13, 2005 at the Nansha Branch of the Guangzhou Industry and Commerce Administration Bureau. The legal representative Chen Qiyuan, the company's business scope includes soap and synthetic detergent manufacturing; cosmetics manufacturing; oral cleaning supplies manufacturing. Bawang (Guangzhou) Co., Ltd. is a wholly -owned subsidiary of the Bawang International Group Holdings (Hong Kong) Co., Ltd.

Article 4 of the "Advertising Law of the People's Republic of China" stipulates that advertisements must not contain false or misunderstandings, and they must not deceive or mislead consumers.

Advertisers should be responsible for the authenticity of the advertising content.

Article 28 of the "Advertising Law of the People's Republic of China" stipulates that advertisements deceive and mislead consumers with false or misunderstandings, constitute false advertisements.

An advertisement has one of the following situations, and it is a false advertisement:

(1) The goods or services do not exist;

(2) The performance, function, place of origin, purpose, quality, specifications, ingredients, prices, producers, validity periods, sales status, and honor of the product Information such as sales status, obtaining honor, and promises related to goods or services do not match the actual situation, which has a substantial impact on the purchase behavior;

(3) Use information, statistical materials, survey results, abstracts, quotes, etc. as proof materials with fiction, forgery, or unable to verify;

(4) The effect of using products or receiving services by fiction;

(5) Other situations that deceive and mislead consumers with false or misunderstandings.

Article 55 of the "Advertising Law of the People's Republic of China" stipulates that if the provisions of this Law are violated and false advertisements will be issued, the market supervision and management department shall order to stop publishing advertisements. If the fines of less than five times, the advertising costs cannot be calculated or significantly low, and a fine of more than 200,000 yuan or less; if there are more than three illegal acts or other serious circumstances within two years If the fines of less than ten times, the advertising costs cannot be calculated or significantly low, and a fine of one million yuan and more than two million yuan can be imposed. Its advertising review application.

If the medical institution has illegal acts stipulated in the preceding paragraph, and the circumstances are serious, in addition to the market supervision and management department punishment in accordance with this law, the health administrative department may revoke the diagnosis and treatment subjects or revoke a medical institution's practice permit.

Advertising operators, advertising publishers know or know that the advertisement is still designed, produced, agent, and published, the market supervision and management department confiscates the advertising fee, and the advertising costs are three times or less. Obviously low, a fine of more than 200,000 yuan or less; if there are more than three illegal acts or other serious circumstances within two years, a fine of more than five times the advertising costs or less and less than ten times Obviously low, a fine of more than two million yuan or less, and the relevant departments can suspend advertising to publish business and revoke business licenses.

Advertisers, advertising operators, and advertising publishers have the stipulated behavior stipulated in paragraph 1 and 3 of this article, which constitutes a crime, and investigate criminal responsibility in accordance with the law.

The following is the original text:

Administrative Penalty Decision

Sui Yun City Supervisor [2022] No. 608

Party: Overlord (Guangzhou) Co., Ltd.

The name of the subject qualification certificate: "Business License"

Unified social credit code: 91440115771198203n

Residence: No. 106, Feng Zedong Road, Nansha District, Guangzhou

One photo of multiple address operation sites File address: No. 468, Guanghua 3rd Road, Baiyun District, Guangzhou

Legal representative: Chen Zhenghe

On December 29, 2021, the law enforcement officer of our bureau went to the Bawang (Guangzhou) Co., Ltd. on the site of the Bawang (Guangzhou) Co., Ltd., located in Guanghua 3rd Road, Baiyun District, Guangzhou. 00 Liang Liang Gift Box (100g Ronential Cleansing Milk+110ml Roshi Huan Nourish Monastery Trimination Water+100ml Ronential Capture Milk Cream+30ml Ronential Capturing Yan Yan Shui (Gift)+7g Rosewars Cai Yan Jinghua Cream (gift)); 2. Rosy and Huan Cleansing Milk (100g of net content); 3. Overlord's bacteriostatic handwashing solution (honeysuckle moisturizing type+ginger refreshing type, net content 500g); 2kg) The advertisements posted on the product publicity pages contain false advertisements, which are suspected of publishing false advertisements illegal acts.

After investigation, the parties sold on the WeChat Mini Program from May 2020 to December 2021: 1. The Rogue Box Box of Bencaita (100g Rogue Cleansing Milk+110ml Rogue Nourishing Monument Water+Water+Water+ 100ml Ronential Huan Nourish Nourishing Milk Cream+30ml Ronential Capturing Yan Yan Shui Water (Gift)+7G Rosy Huan Nourish Yan Jinghua Cream (Gift)) Publication page marks "Ruddy skin and white", "Farewell to Yellow Face Po", "Hurry up Go yellow qi "," rosy and white "," melanin precipitation, more and more spots "," fair skin "," freckles, stains, yellow gas, dullness "," improving dark yellow "," conditioning fairness " , "... to be bright white" and other functional publicity terms; 2. Rosyhwitting cleansing milk (net content 100g) publicity page marks "beauty and white ...", "bright skin and fairness", "improvement of dark yellow", "hitting", "hitting" Functional publicity terms such as retreating the face "and other functional publicity; 3. Overlord's bacteriostatic handwashing (honeysuckle moisturizing type+ginger refreshing type, net content 500g) publicity page indicates that" effective sterilization 99%"," efficient sterilization ... "and other words; 4. Litao sterilize 2 -in -laundry solution (net content 2kg) publicity page marks the words such as "effectively killing 99%of bacteria". After verification, the rosy and bright gift boxes and rosy cleansing milk sold by the parties did not obtain the administrative license approval of domestic special use cosmetics. It belongs to ordinary cosmetics and does not have the function of its claim. The Overlord Bacterial tostes and Litao Sterilizer 2 -in -1 Laundry Detection Report did not have sterilized testing items, and did not have its claims. The above -mentioned advertising information issued by the parties is false information and does not match the actual situation. It is deceived and misleading consumers.

From May 2020 to December 29, 2021, the sales of the rosy and bright gift boxes of Bencusa were 58,464 yuan; the sales of rosy Huanci cleansing milk were 2028 yuan; 2147 yuan; Litao sterilized deodorizing 2 -in -1 laundry solution was 4683 yuan. The total sales of the above four products on the WeChat Mini Program of the parties are 67,322 yuan. The above -mentioned advertisements released by the parties edited and published on the WeChat Mini Program of the parties, and our bureau determined that the advertising cost could not be calculated.

The above facts mainly have the following evidence to prove:

Evidence 1: The parties' business license and cosmetics production license, etc., prove that the subject of the parties in this case is qualified.

Evidence 2: On -site transcript and evidence replication (extraction) order proves the illegal facts of the parties' release of false advertisements.

Evidence 3: "Inquiry Investigation" proves the facts and circumstances of the parties' illegal advertisements.

Evidence 4: On -site inspection transcripts to prove on -site inspection.

Evidence 5: Sales documents prove the sales of the products involved.

Our bureau believes that the parties have been illegal for a long time. From May 2020 to December 2021, it reaches more than a year and a half. "If there is one of the following circumstances, it can be punished according to law: (1) The continuous violations of the law for a long time, or the number of products involved in the case is large, or the value of the product involved in the case is large." The investigation of our bureau is in line with the "Provisions on the Regulations on the Regulations on Regulatory Administrative Penalties of the Guangzhou Market Supervision and Administration" stipulated in Article 14, paragraph 1 of "one of the following circumstances, may be light or reduce administrative penalties in accordance with the law: (2) Actively actively actively actively Cooperating with market supervision and management departments investigations, the provisions of "shall be explained to the facts of illegal facts and proactively provide evidence materials. According to the "Provisions on the Regulations on Regulating Administrative Penalties for Administrative Penalties in Guangzhou Market Supervision and Management" Article 19, "" The parties have both the plot of light punishment and the plot of heavy penalties, and shall be based on the principle of considerable punishment and comprehensive consideration to determine administrative penalties. The provisions of the types and amplitude, after comprehensive tailoring, select the general plot penalty for the general plot penalty in accordance with the "Guangzhou Market Supervision and Management Department Regulating the Right Circularization of Administrative Penalties".

The above -mentioned behavior of the parties violates Article 4 of the "Advertising Law of the People's Republic of China", "Advertising must not contain false or misunderstandings, and must not deceive the misleading consumer", which constitutes the "Advertising Law of the People's Republic of China" Article 28, paragraph 2 (2): "The performance, function, origin, use, use, quality, specifications, ingredients, prices, producers, validity periods, sales status, honor and other information, or service of the commodity Contents, providers, forms, quality, price, sales status, honor and other information, as well as promises related to goods or services do not match the actual situation, and Advertising, in accordance with Article 55 of the "Advertising Law of the People's Republic of China", "1 violates the provisions of this Law and publishes false advertisements, the market supervision and management department shall order to stop publishing advertisements. If the advertising costs are three times more than five times the fine, if the advertising costs cannot be calculated or significantly lower, a fine of more than one million yuan or less than one million yuan will be imposed; If the advertising costs of more than five times less than ten times or less, the advertising cost cannot be calculated or significantly lower, and a fine of one million yuan and more than two million yuan can be revoked. The provisions of not accepting its advertising review application within one year ", it is recommended to punish the parties as follows: 1. Order the parties to stop publish illegal advertisements;

2. Order the parties to eliminate the impact within the corresponding range;

Third, a fine of RMB 600,000.

On March 31, 2022, our bureau issued the "Administrative Penalty Hearing Notice" to the parties, informing the parties that our bureau's fact, reason, basis, and content of the administrative penalty, and inform the parties to enjoy the statement, defense and application in accordance with the law, and apply for opinions and applications in accordance with the law. The right to hearings. On April 7, 2022, the parties filed a hearing application. On May 17, 2022, the hearing agency held a hearing on the party's application and heard the complaints and defense opinions of the parties and the case handling unit. The hearing agency believes that the fact that the parties have published false advertisements are clear and the evidence is sufficient. It is not inappropriate for our bureau to make administrative penalties. However, considering that the parties actively cooperated with the investigation after the incident, and corrected illegal acts in a timely manner, there were no serious consequences. In order to implement the "six guarantees" and "six stability" policies during the epidemic, the number of fines for the case for the case for the case for the case was re -considered. In view of the above situation, our bureau decided to punish the parties as follows:

1. Order the parties to stop publish illegal advertisements;

2. Order the parties to eliminate the impact within the corresponding range;

Third, a fine of RMB 550,000.

The parties shall pay a fine to the designated bank within 15 days from the date of receiving this decision. Do not pay overdue, and the fines are fined at three percent per day.

If you are not convinced of the decision to be punished, you can apply for administrative administration Reconsideration can also file an administrative lawsuit directly to courts with jurisdiction within six months.

Guangzhou Baiyun District Market Supervision and Administration Bureau

July 28, 2022

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