Brief facts of the case
Recently, Shanghai Hutaoli Catering Management *** Minhang Store, an affiliated company of Hutaoli ** Tavern (Aegean Store), was administratively punished for publishing advertisements that violated good social customs.
From March 7, 2023, in order to attract the attention of the audience, Hutaoli ** Tavern (Aegean Store) will carry out publicity, and the promotional copy includes "free sexual encounters, wait-and-see, pick-up, chat, drink, get drunk, and take away", and hand-painted a room with patterns. The advertising language and images involved in the case were produced and designed by the parties themselves.
Legal analysis
The above-mentioned advertisements use content such as "sexual encounters" and "pick-ups" to achieve the purpose of attracting attention, and the content and implicit meanings are contrary to basic ethics and morality, contrary to good socialist customs, and constitute illegal advertising acts of "obstructing social public order or violating good social customs" as referred to in Article 9 (7) of the Advertising Law of the People's Republic of China.
In the end, the Minhang District Market Supervision Bureau warned the store involved and imposed a fine.
When carrying out advertising and publicity, market entities should conform to the good customs of socialism, and at the same time encourage advertising market entities, industry organizations, and all sectors of society to actively create and publish more excellent advertising works that carry forward the core socialist values, sing the main theme, and tell China's story well, and play a positive leading role.
On the basis of improving product quality, protecting the rights and interests of consumers, and complying with laws and regulations, more "heart-to-heart" marketing, resonating with consumers' pursuit of high-quality life and emotional needs, and trying diversified marketing methods, is the key for businesses to win users and move towards the long-term.
The market regulation departments will continue to increase the intensity of monitoring, supervision, and law enforcement of online and offline advertisements, focusing on seriously investigating and dealing with illegal advertising acts that violate public order and good customs, and ** false and illegal advertising cases that have a vile impact.