Internet celebrity economist Ren Zeping, who claims to have "the best hair among economists," also "overturned" when he brought goods. Recently, a fine issued by the Beijing Municipal Administration for Market Regulation showed that Ren Zeping was fined 80,000 yuan for the fullerene shampoo and hair care products he "brought" due to deceptive product functions and misleading commercial promotions. The
fine shows that the registered functions of fullerene shampoo and hair care products are claimed to be "cleansing, moisturizing, oil control, anti-dandruff" and "repair, moisturizing", but it prominently promotes fullerene and its functions in cosmetics. Other functions such as preventing hair loss and growing hair are inconsistent with the actual functions of the registered products. In addition, the company has not verified the relevant efficacy of its registered products.
Therefore, the Beijing Municipal Administration for Market Regulation considers the above behavior to be false and misleading commercial promotion of the functions of its products.
Specifically, the subject punished this time is Beijing Funakang Biotechnology Co., Ltd. (hereinafter referred to as "Beijing Funakang"). Tianyancha shows that Beijing Funakang is a subsidiary of Suzhou Rensheng Zefa Biotechnology Co., Ltd. (hereinafter referred to as "Beijing Funakang"). (called "Suzhou Rensheng Zefa"). The former holds 3% of the latter's shares, and Rensheng Zeping is Ren Zeping's entrepreneurial project, aiming to solve hair problems.
In May 2023, Ren Zeping posted on his public account published an article "Rensheng Zefa, focusing on scalp health management, starting from repairing hair follicles, helping 10 million people solve scalp problems", and posted a before and after comparison of using the product, which started
In online social media and some public occasions, Ren Zeping promoted the "Rensheng Zefa" series of products, claiming that "after using the hair nutrient solution, my hair grew too fast in four months." However, However, it has been questioned by many netizens. It is reported that the core ingredient promoted by "Rensheng Zefa" is fullerene, but there is currently no obvious evidence that fullerene has the effect of preventing hair loss and growing hair.
Washing care, cosmetics, health care products, etc. The industry has always been a "big player" in false publicity, and with the popularity of live streaming, false publicity and other problems have become more and more serious.
Some of them make false publicity by exaggerating product quality, size, technical standards and other parameters; some use " They create false prosperity in the live broadcast room by buying fans, brushing comments, and other methods; there are methods such as brushing orders, brushing volume, brushing diamonds, etc. to hype the credit of merchants; there are also methods to deceive consumers by making up the original price of goods and making false discounts; some Internet celebrities They even use carefully planned words and scripts to stage short videos of poverty and tragic life experiences to gain traffic, and then live broadcast to sell some fake original ecological agricultural products to make huge profits.
For merchants or anchors, although false propaganda can make a profit Short-term interests, but this in itself is a serious act of unfair competition, which not only damages the brand reputation, but also infringes on the rights and interests of consumers. It also faces the risk of regulatory penalties.
It is understood that in 2023 alone, there will be more than 5,000 E-commerce anchors have been punished for falsifying product prices, and many of them have been criminally punished. For example, in the case of online celebrities such as "Qubu" and "Zhao Ling'er" from Daliangshan carrying goods live, the team claimed to be "helping farmers" and "high-quality original ecology" " and other banners, sold counterfeit Daliangshan agricultural specialties to more than 20 provinces across the country, with sales exceeding 10 million. The legal representative of the company involved in the case was Zhang Mou, Internet celebrity anchor Zhao Mou (Zhao Ling'er), Ari Mou (Qubu) Nine others were sentenced to fixed-term imprisonment ranging from 8 months to 3 years and 2 months.
Lawyer Guo Lin from Sichuan Aohe Law Firm believes: Judging from the common forms of live broadcasts, anchors accept the entrustment of advertisers or accept If an advertising operator (such as a live broadcast platform) entrusts product promotion, it should be recognized as an advertising publisher. However, if the anchor "recommends and certifies products and services in his own name or image", he should be recognized as an advertising spokesperson. If the anchor with goods is When goods are sold in the live broadcast room, there will be direct paid transfer of goods. At this time, according to the provisions of Article 9 of the "E-Commerce Law", it should be recognized as an e-commerce operator at the same time. Therefore, the identity of the anchor carrying goods should be determined based on the entire process of his behavior.
In this case, Ren Zeping promoted his own business project through advertising and live streaming, and had the dual identity of an advertising publisher and an e-commerce operator. His products were falsely advertised and defrauded, and Article 56 of the Advertising Law should be followed. Bear corresponding civil liability. At the same time, there is no obvious evidence that the product has the effect of preventing hair loss and hair growth. Ren Zeping's behavior may constitute the crime of producing and selling counterfeit and inferior products, and he shall bear corresponding criminal liability according to Article 140 of the Criminal Law of the People's Republic of China.
At the same time, according to the second paragraph of Article 8 of the Anti-Unfair Competition Law of the People's Republic of China: "Operators shall not make false or misleading statements about the performance, functions, quality, sales status, user evaluations, honors, etc. of their products." Misunderstanding of commercial propaganda, deceiving and misleading consumers. Operators shall not help other operators to carry out false or misleading commercial propaganda by organizing false transactions, etc." Some platforms or anchors will infringe on consumers' rights and interests by exaggerating product effects, "buying fans", "brushing comments" and other behaviors to induce consumers during live broadcast activities, and face the risk of bearing corresponding legal liabilities.
Live streaming is a product of the development of the market economy, and its related activities should strictly abide by the bottom line of laws and regulations. Now that live streaming is popular, it is especially necessary for anchors, merchants and online platforms to improve their self-discipline capabilities, jointly maintain and comply with market order, and help the socialist market High-quality economic development. (Content source | Knowing the cause)
