At present, Internet celebrity delivery has become the preferred marketing method for many businesses, intuitive product introduction, super high popularity drainage, and passionate tone atmosphere, all of which make consumers in front of mobile phones excited. However, the marketing of some products has strict legal restrictions, and if you are not careful, you will touch the bottom line of the law.
Brief facts of the case
In the process of investigating an illegal advertising case, the Yangpu District Market Supervision Bureau found that a certain "Internet celebrity" broadcaster with more than 100,000 followers had released an electric nasal irrigation device in his personal account, with more than 6 million times. After investigation, the electric nasal irrigation device is a Class II medical device product. **, the broadcaster was entrusted by the marketing company to recommend the electric nasal irrigation device in his own name and image through product explanation and trial.
Legal analysis
According to the legal definition, in addition to advertisers, natural persons who recommend or certify products in their own name or image in advertisements are regarded as advertising spokespersons. In accordance with the provisions of Article 61 (1) of the Advertising Law of the People's Republic of China, the Yangpu District Market Supervision Bureau ordered the party to immediately remove the illegal **, confiscate the endorsement fee and impose a fine in accordance with the law.
Tips
According to the law, all kinds of medical, pharmaceutical, medical device and health food advertisements shall not use advertising spokespersons to recommend and prove, once consumers brush such goods with goods**, they must combine their own physical conditions, under the guidance of professionals to buy cautiously, and must not consume impulsively. If relevant violations of laws and regulations are found, they can be saved in a timely manner and reported to the market supervision department.