Recently, consumer Mu Mu (pseudonym) reported that on December 23, when he was buying plasters for his family on an e-commerce platform, he found that the relevant products of some stores were promoted by Zhong Nanshan, Li Lanjuan and other academicians, and the products claimed to be able to **arthritis, **disease and diabetes and other diseases. According to his incomplete statistics, there are hundreds of related stores involved, and there are thousands of related **. Subsequently, he reported the relevant situation to the platform. On the morning of the 25th, a customer service staff replied that the problems he reported had been verified and dealt with, and they would be dealt with one after another. In this regard, the reporter conducted an interview and investigation, and contacted Academician Zhong Nanshan to understand the situation.
On the 25th, some businesses told reporters that these ** are only displays, not celebrity endorsements. On the 27th, the reporter called Academician Zhong Nanshan to learn about the situation. Zhong Nanshan said that he has never endorsed or recommended any products for any merchants, including e-commerce. At the same time, he believes that the illegal use of other people's portraits for commercial endorsements and recommendations will also mislead consumers and infringe on the legitimate rights and interests of consumers. In this regard, he hopes that platforms and merchants can actively deal with this situation as soon as possible, and also hopes that relevant departments will strengthen industry supervision to safeguard the legitimate rights and interests of consumers. The lawyer entrusted by Academician Zhong Nanshan's team said that a lawyer's letter had been sent to the platform and was defending his rights, and the platform told him that it was being processed, but it had not yet been processed. Liu Junhai, a professor at the Law School of Chinese Minmin University, said that using other people's portraits to promote products without authorization and making false recommendations or proofs infringes on the portrait rights of others, and can easily lead consumers to believe that they are true, and at the same time infringe on consumers' rights to know, choose, citizen transactions and security guarantees, and undermine the integrity of enterprises and the order of fair competition. At the same time, when e-commerce platforms detect or notice that merchants infringe on portrait rights, they should promptly urge rectification within a time limit, or terminate the provision of relevant transaction assistance and facilitation, so as to win the respect and trust of consumers, and optimize a stable, fair, transparent, and predictable business environment based on the rule of law.
Reporter investigation: The merchant claims to only display, non-celebrity endorsementOn December 24, according to the store name and product map provided by Mumu, the reporter randomly selected nearly 20 stores and products for investigation. Among them, a company called "Yipin Chinese Medicine Hall", a variety of products are displayed in the picture of Zhong Nanshan's, these products include "rhinitis patch, special effect ointment, special tinnitus patch" and other products. Subsequently, the reporter selected a display picture of Zhong Nanshan's product, which is called the best urine protein. The reporter asked the customer service whether the product was endorsed by Zhong Nanshan, and the other party replied: "No, Zhong Lao does not endorse any drugs." In the other two shops, "McDull Beauty and Skin Care Hut" and "Inheritance Physician Chinese Medicine Hall", the reporter found that a variety of product display pictures were Zhong Nanshan**, and even one ** was accompanied by the words "invalid and severed off". The reporter asked the merchant about this, and one shop said that the product was not endorsed by Zhong Nanshan, while the customer service staff of another store said, "This is a display, you can shoot it with confidence, don't care." In the investigation, in the two stores named "Wang's Health Center Store" and "Baixinglin Health Hall", one showed the product promotional picture of "regulating menstruation" as Li Lanjuan, and the other showed the product promotional picture of "varicose veins special effect cream", and ** on it was the centenarian Pan Qihua. The reporter asked whether the two products were endorsed or recommended by the two, and some customer service did not reply, and some customer service said "no". Mu Mu said that after he complained to the platform, on the morning of the 25th, the platform replied: "The problems reflected and the merchant stores provided have been fed back to the relevant departments of the platform for further verification and disposal, and feedback has also been given to the relevant merchants. For store violations and product anomalies, the platform will reserve some rights for merchants to dispose of stores, including product removal from the shelves, product rectification, etc. In the investigation, the reporter found that most of the products sold by these merchants were health care products. Randomly selected more than a dozen stores, the reporter saw that many product promotional pictures will be accompanied by some common disease keywords, such as rhinitis, gastric ulcer, Tourette's, varicose veins, urine protein, high blood pressure, gallbladder, etc. The reporter inquired about the effect of the product, and some e-commerce customer service staff said that these products are health care products and not medicines, but they can ** the above diseases, "the effect is very good".