Publish illegal advertisements
United Family was fined 450,000
Still an advertising problem, and another celebrity medical institution was punished!
China Quality News Network News recently, an administrative penalty information released by the official website of the Shanghai Municipal Market Supervision Administration showed that Shanghai United Family Hospital Co., Ltd. was fined RMB 4.45 million by the Shanghai Changning District Market Supervision Administration for publishing illegal advertisements.
penalty document shows that on September 15, 2021, the Shanghai Changning District Market Supervision and Administration Bureau received a report that Shanghai United Family Hospital in its WeChat public account Shanghai United Family Hospital has illegal medical advertisements such as toxic drugs .
With approval, the Shanghai Changning District Market Supervision Administration filed an investigation into the parties on October 15, 2021.
After investigation, the article titled "[Inventory] 2018 United Family TOP5 Light Medical Beauty Project" published by the party involved on February 25, 2019 on his WeChat official account Shanghai United Family Hospital, with the following promotional content (slide to view) :
✦ for using imported medical devices Sanolone super picosecond PicoWay The medical beauty project provided includes "A pain is acceptable, and the pigmented spots on the epiline are basically not required to apply anesthetic; the treatment saves time and only takes 15-20 minutes" and other contents;
✦ for the use of imported medical devices Dematha water light needle Mesotherapy provides the medical beauty project promotion: "One time water light needle is equivalent to 100 masks; water light needle is also a recommended treatment to improve the dry skin state" and other contents;
for medical beauty projects Botox wrinkle removal Botoxforwrinkles promotes "Using botulinum toxin to remove wrinkles should be one of the classic medical beauty treatments. The earliest fans were celebrities. Until now (the whole nation is a fan), no wonder it has become a popular choice! Botox can effectively inhibit muscle activity and delay the formation of static wrinkles" and other contents;
✦ for medical beauty projects Botoxforfaceslim promotes "You can consider modifying the contour of the masseter muscle through injection of Botox to make the contour of the lower face look softer".
and all the medical beauty advertisements are without the relevant department ( advertising review agency) , and Botox is type A botulinum toxin for injection .
According to the "Notice on the Inclusion of Botulinum toxin Type A in the Management of Toxic Drugs" issued by the State Food and Drug Administration and the Ministry of Health on July 21, 2008 (National Food and Drug Administration [2008] No. 405), A in the Management of Botulinum toxin and its preparation has been included in the Management of Toxic Drugs and cannot be advertised according to law.
The above WeChat public account article is produced and published by the parties, and the advertising cost cannot be calculated. After the incident, the parties deleted the above article. It is confirmed through evidence such as interrogation records, network monitoring and electronic data evidence collection documents, Botox subscription contracts and invoice copies.
Finally, on August 16, 2022, the Changning District Market Supervision Administration delivered the "Notice on Administrative Penalty Hearing of the Market Supervision Administration of Changning District, Shanghai" to the parties, ordering the parties to stop publishing advertisements, eliminate the impact within the corresponding scope, and impose a fine of RMB 450,000 on the parties to .
It is understood that Shanghai United Family Hospital first started operating on December 1, 2004, and is also the first comprehensive hospital in Shanghai to be awarded the JCI international certification. The hospital has 40 inpatient beds, managing and operating three online hospitals and clinics in Shanghai and two medical institutions in other provinces and cities.
In this penalty notice, Shanghai United Family Hospital's promotion published on the WeChat official account in 2019 was reported in 2021 and punished in 2022.
This may represent that even the advertising violations a few years ago, as advertising supervision becomes increasingly strict, it may be punished under social supervision.
Private hospital marketing
These red lines cannot be stepped on
In fact, in addition to Shanghai United Family, this year, a number of celebrity hospitals such as Shanghai Baibobaier Dental Hospital, Beijing Ximalin Shunchao Ophthalmology Hospital , and Shenzhen Yixing Medical Beauty Hospital were issued orders with a total of hundreds of thousands by relevant departments for illegal advertising.
9 red lines that cannot be stepped on when private hospitals conduct marketing promotion. Please note:
01
Be careful of advertising "unaudited"
In July 2021, the Chengdu market supervision department found that during the three-month special rectification campaign, Chengdu Brown South Hospital Co., Ltd. The " West China Director leads the clinic on the 360 Search platform published on the 360 Search platform - there is an expert account every day, Chengdu Brown South Hospital urban medical insurance unit, medical insurance reimbursement, enjoy good medical services in Chengdu, "1 doctor, 1 patient, 1 clinic" fully protects personal privacy, click gynecology consultation" and other medical advertisements have not been reviewed and approved by the advertising review authority , which violates Article 46 of the Advertising Law "Publish advertisements for medical, drugs, medical devices, pesticides, veterinary drugs and health foods, as well as other advertisements that should be reviewed as stipulated by laws and administrative regulations, the advertising content shall be reviewed by the relevant departments (hereinafter referred to as the advertising review authority) before publishing; it shall not be published without review. " regulations.
On April 28, 2021, the Wuhou District Market Supervision Bureau of Chengdu City imposed an administrative penalty, ordering the parties to stop publishing Internet medical advertisements and eliminate the impact within the corresponding scope. fined 1.29 million yuan .
02
care advertisements contain "disease name"
Chenghua Naokang Hospital Co., Ltd. published the content in the City East Passenger Transport Center waiting hall as "Insomnia Depression Anxiety is that the billboard of Chengdu Naokang Hospital " in . The advertisement contains the disease name involving "insomnia, depression, anxiety" and the first name of the medical institution (Chengdu Chenghua Naokang Hospital Co., Ltd.) and the document number of the "Medical Advertising Review Certificate". After investigation, the content of the advertisement is inconsistent with the content of the finished advertisement sample approved by the "Medical Advertising Review Certificate". The behavior of the parties violates the " Medical Advertising Management Measures " Article 7, Paragraph 1, (I) of . The manifestation of medical advertisements shall not contain the following situations: ", diagnosis and treatment methods, disease name, and drugs" and "Medical institutions shall publish medical advertisements in accordance with the content of the finished advertisement sample approved by the "Medical Advertising Review Certificate" and the media categories. ” Provisions.
On March 31, 2021, the Jinjiang District Market Supervision and Administration Bureau of Chengdu City imposed an administrative penalty, imposing a fine of 10,000 yuan on the parties involved
03
care to the advertisement to indicate the "curing rate", or ensure the efficacy and safety of
Hefei Medical Bo Anal and Anal Hospital released the 2012-2013 price integrity unit in Hefei City in 2019, which is unanimously recognized by the medical community as the best method for treating anal fissures. The insurance coefficient of the surgical treatment of anal fissures is as high as 99.76% and other content, which constitutes the act of publishing false and illegal advertisements.
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04
Beware of the ads' "most advanced and other extreme words"
Ganzhou Del Meike Medical Beauty Clinic Cosmetology Clinic Co., Ltd. released a "National Nose Repair Center" "Strong Technology--with more than 1,300 authoritative experts in the industry", "'s most overall html l6's functional recovery, 's most secure 's ecological materials, 's top 's expert services, 's most advanced 's technology, 's strongest 's youth magic potion, 's most advanced 's disinfection technology, 's safest 's beauty technology, the most convenient injection beauty" and other content advertising.
In February 2021, the Ganzhou Municipal Market Supervision Administration imposed an administrative penalty of fined the parties .15 million yuan in in accordance with the law.
"Extreme Words" include but are not limited to:
national, world-class, highest, best, largest, first, first, first, first, first, first, best, accurate, top, highest, lowest, most, most affordable, cheapest, latest, most advanced, maximum, greatest, latest technology, most advanced science, national product , fill the domestic gap, absolute, exclusive, first, first brand, gold medal, famous brand, excellent, first, exclusive, first, first, first, first, first, first, first in the entire network sales, world first, first in the country, first in the entire network, world leading, top craftsmanship, latest science, latest technology, most advanced processing technology, most fashionable, top, top, ultimate, most popular, ace, sales champion, first (NO.1, Top1), ultimate, permanent, ace, leader, leader brand, unique, exclusive, unique, unprecedented, unprecedented, unprecedented, universal, etc.
05
Careful advertising "Use the image of the patient before and after"
On May 31, 2022, the State Administration for Market Regulation exposed a number of typical cases of false and illegal myopia prevention and control advertisements. Among them, Guangzhou Aier Eye Hospital Co., Ltd. used 8-year-old patients to compare pre- and post-operative pictures to promote efficacy on its company website, and published some content that did not indicate the patent number and type, claimed medical efficacy, and ensure cure rate.
Because the above behavior violated the relevant provisions of the " Advertising Law of the People's Republic of China", on June 7, 2021, the Yuexiu District Market Supervision Bureau of Guangzhou City imposed an administrative penalty of 280,000 yuan on the parties involved in accordance with the law.
06
Be careful "Lectures are suspected of disguised advertising"
On March 11, the official website of the Central Commission for Discipline Inspection and the National Supervisory Commission released an article titled "Cutting the Chain of Interest in the "Mysterious Doctor Universe"".
In mid-February this year, more than 40 "miracle doctors" used advertising promotion videos that endorsed drugs and health products such as "generations specialize in treating ×× diseases, and gave prescriptions against the ancestral teachings" and other advertising promotion videos endorsing drugs and health products in the same way were cut into a collection by netizens, dubbed "miracle doctor universe". On March 9, with Zhang Wenrong, one of the "miracle doctors", being removed from the position of "honorable president" by the hospital " Beijing Heniantang Traditional Chinese Medicine Hospital ", the incident of "miracle doctor universe" was exposed and fermented for the second time.
In this regard, the Central Commission for Discipline Inspection article suggests that such "miracle doctors" must be strictly investigated and controlled, and at the same time, in accordance with the Advertising Law, " Practical Doctors Law, " and other laws, legal accountability will be held for "miracle doctors" and their illegal acts behind it, and the chain of interests will be uprooted, and "does not let go" .
This may mean that in the future market supervision of the medical industry, relevant departments will investigate the black and gray industry chain of "talking magic doctors" from the source, and the above-mentioned pharmaceutical companies, hospitals, advertising companies, and TV stations will all bear "joint and several liability".
Article 19 of the newly revised Advertising Law of the State also stated that radio stations, television stations, and Internet information service providers are prohibited from publishing medical advertisements in disguise in the form of introducing health care.
07
Careful "use the name or image of the staff"
On September 20, 2022, an administrative penalty information released by the Shanghai Municipal Market Supervision Administration showed that in the commercial introduction of hospital service characteristics, key projects and other contents, Shanghai Liuyi Children's Hospital Co., Ltd. used the inscription for the "June 1 Health Express" charity activity .
notified that the above-mentioned behavior of Shanghai 61 Children's Hospital belongs to Article 9, Paragraph 2 of the Advertising Law of the People's Republic of China "Advertising shall not have the following circumstances: the use or disguised use of the name or image of the staff of state organs or state organs" refers to , which constitutes the act of publishing illegal advertisements. In accordance with relevant laws and regulations, the Shanghai Jing'an District Market Supervision and Administration Bureau ordered the hospital to stop publishing advertisements and fined RMB 300,000 .
08
Be careful of "false promotion"
In November 2021, Shanghai Yixing Medical Beauty Hospital Co., Ltd. was fined 150,000 yuan by the Shanghai Market Supervision Administration . The specific penalty reasons for
show that starting from July 1, 2021, the hospital released relevant medical beauty service price promotion information on its own electronic display screen. The "original price" and "total original price" marked in the price list are not the lowest transaction price that has been sold within seven days before this theme promotion and has transaction notes, nor are they the last transaction price before this promotion. Not only that, some medical beauty services listed in the price list have no transaction records before this theme promotion, and has no "original price" .
09
Be careful of "the content is not true"
Chongqing Ruhua Medical Beauty Clinic has published an advertisement on its business premises and online platform Meituan APP that contains "Tao is a permanent guest of the aesthetic conferences of major hospitals, a special expert of major medical beauty brands; Director Chen is a member of the Chinese Plastic Surgery and Beauty Association ; promotional photos of the doctoral team of 10 people including Liu; Lily and 7 groups of cases". After verification, the content of is not true , which violates the provisions of Article 28 of the Advertising Law.
In May 2021, the Market Supervision Bureau of Yubei District, Chongqing ordered the stop publishing of illegal advertisements and imposed a fine of 40,000 yuan.
So what kind of medical advertisements are not illegal to publish?
"Medical Advertising Management Measures" stipulate that medical advertising content is limited to the following items:
(I) The first name of a medical institution;
(II) The address of a medical institution;
(II) The ownership form;
(II) The ownership form;
(II) The ownership form;
(II) The ownership form; ml6
(IV) Category of medical institution;
(V) Diagnostic and treatment subjects;
(V) Number of beds;
(VII) Consultation time;
(VIII) Contact number. The content published in items
(I) to (VI) must be consistent with the content stated in the "Medical Institution Practice License" issued by the health administrative department and the traditional Chinese medicine management department or its copy.
The ultimate goal of medical advertising is to "invigorate traffic". Faced with the "advertising trough" under strict supervision, private hospitals can actually reasonably allocate offline resources and online resources, implement offline advertising slogans to the Internet entrance, do not make illegal advertisements, and do not spend money to advertise for vain, and prepare for the long-term marketing of the hospital.
