Source: China Economic Network
Administrative Penalty Decision Decision (Shanghai Market Supervision and Administration Bureau [2022] 272022000643) recently released by the website of the Shanghai Municipal Market Supervision and Administration Bureau shows that Shanghai Kede Optical Technology Co., Ltd. contains inducing content such as "hot sales, rush purchase, trial", "family essential, free treatment, free gift", etc., comprehensive evaluation content such as "eval, sorting, recommendation, designation, selection, and award", and guaranteed content such as "invalid refund, insurance company insurance", and encourage consumers to arbitrarily and excessively use drugs, health foods and special medical purpose formula food , and was fined 50 million yuan by the Shanghai Songjiang District Market Supervision and Administration Bureau and ordered to correct it. The penalty decision date is July 27, 2022.
Shanghai Songjiang District Market Supervision and Administration Bureau determined that the above advertisements posted by the parties involved involve medical devices and belong to key commodity categories, and are suspected of illegal circumstances, social harm, and subjective fault. After the incident, the parties had modified the above-mentioned web page and corrected the above-mentioned illegal acts.
Shanghai Songjiang District Market Supervision and Administration Bureau believes that the act of publishing advertisements containing comprehensive evaluation content such as sorting and recommendations in the illegal facts violates Article 11, item 6 of the "Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formula Foods". Given that the above-mentioned advertisements posted by the parties involve medical devices and belong to key commodity categories, and are suspected of illegal circumstances, social harm and subjective fault are average, general administrative penalties are proposed to be imposed on the above-mentioned illegal acts of the parties.
In accordance with Article 28, paragraph 1 of the " Administrative Penalty Law of the People's Republic of China" and Article 28 of the "Interim Measures for the Review and Management of Formulas for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formulas, Shanghai Songjiang District Market Supervision and Administration Bureau decided to order the parties to correct immediately and fine the parties RMB 5,000 (5,000 yuan).
official website shows that Shanghai Kede Optical Technology Co., Ltd. (Kide Glasses Network) uses its strong intensive procurement price advantages in the glasses industry, professional e-commerce management service experience and advanced Internet technology to provide you with high-quality glasses and related accessories products at home and abroad.
After queries by China Economic Network reporters, Shanghai Kede Optical Technology Co., Ltd. is a wholly-owned subsidiary of Shanghai Kede Network Technology (Group) Co., Ltd.
"Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formula Foods" Article 11 stipulates: Advertising drugs, medical devices, health foods and special medical Purpose Formula Foods shall not violate the provisions of Articles 9, 16, 17, 18 and 19 of the Advertising Law of the People's Republic of China, and shall not include the following circumstances:
(I) Use or disguised use of the name or image of state organs, state organ staff, military units or military personnel, or use military equipment, facilities, etc. to engage in advertising.
(II) Use the name or image of scientific research institutions, academic institutions, industry associations, or experts, scholars, doctors, pharmacists, clinical nutritionists , patients, etc. to recommend and prove it.
(III) Violating scientific laws, expressing or implying that all diseases can be treated, adapted to all symptoms, adapted to all populations, or necessary for normal life and treatment of diseases.
(IV) Content that causes the public to have unnecessary concerns and fears about the health status and the disease they are in, or causes the public to misunderstand that not using the product will cause a certain disease or aggravate the condition.
(V) contains "safe", "safe and non-toxic side effects", "small toxic side effects"; explicitly or implies that the ingredients are "natural", so safety is guaranteed.
(VI) contains inducing content such as "hot sale, rush purchase, trial", "family essential, free treatment, free gift", comprehensive evaluation content such as "eval, sorting, recommendation, designation, selection, and award", guaranteed content such as "invalid refund, insurance company insurance", and encourage consumers to arbitrarily and overuse drugs, health foods and formula foods for special medical purposes.
(7) contains the name, address, contact information, diagnosis and treatment items, diagnosis and treatment methods of the medical institution, as well as medical services such as free medical consultation, medical consultation telephone number, and opening special outpatient clinics.
(8) Other contents that must not be contained in laws and administrative regulations.
Article 28 of the Administrative Penalty Law of the People's Republic of China stipulates that when an administrative agency implements administrative penalties, it shall order the parties to correct or correct the illegal act within a time limit. The parties involved in illegal gains shall be confiscated unless they should refund the compensation according to law. Illegal income refers to the funds obtained from the illegal act. If laws, administrative regulations and departmental regulations have other provisions on the calculation of illegal income, such provisions shall prevail.
"Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formula Foods" Article 28 stipulates: If an advertisement for drugs, medical devices, health foods and special medical Purpose Formula Foods violates the provisions of Article 11, Items 6 to 8 of these Measures and publishes advertisements for drugs, medical devices, health foods and special medical Purpose Formula Foods, if the Advertising Law of the People's Republic of China and other laws and regulations have provisions, the punishment shall be imposed in accordance with relevant regulations. If there is no provision, the market supervision and management department at or above the county level shall order the correction; the responsible advertisers, advertising operators, and advertising publishers shall be fined not more than three times the illegal income, but not more than 30,000 yuan; if there is no illegal income, a fine of not more than 10,000 yuan may be imposed.
The following is the original text:
Administrative Penalty Decision of the Market Supervision and Administration Bureau of Songjiang District, Shanghai
Shanghai Stock Exchange Supervision and Songshu Department [2022] No. 272022000643
Party: Shanghai Kede Optical Technology Co., Ltd.
Subject Qualification Certificate Name: Business License
Unified Social Credit Code: 913101176958081440
Residence: Rooms 402, 408, 419, 424, Building 1, No. 299 Zhongchen Road, Songjiang District, Shanghai
Legal representative : Xie Shangyi
ID card name and number: Resident ID card of the People's Republic of China 330325***************38
Based on relevant clues, our bureau has filed an investigation into the parties' suspected publication of contact lens advertisements containing comprehensive evaluation content in accordance with the law. During the investigation, relevant evidence materials were retrieved in accordance with the law and interrogation records were made. During this period, no administrative compulsory measures for were taken against the parties .
After investigation, the parties involved had the following illegal facts:
As the advertiser, the party involved, as an advertiser, has been published on the "GEMME Color Daily Roll 10 Pack - Topal Powder" and "ReVIA Color Daily Roll 10 Pack - Quiet Forest" webpages of "Kede Glasses Network" (domain name: kede.com) operated by "Teaming Color Daily Roll 10 Pack - Quiet Forest" and "TAs like you, PienAge, #Celebrity Experts are all using it" and "Japanese Rakuten Contact Lens category sales continue to crown, Japanese music queen Namie Amuro! Japanese trend indicator ROLA Daily Love Contact Contact Contacts" and other advertisements containing comprehensive evaluation content such as sorting and recommendation. The above-mentioned "GEMME Color Daily Toss 10 Pack - Topal Powder" and "ReVIA Color Daily Toss 10 Pack - Quiet Forest" are contact lenses and belong to medical devices.
The above advertisements posted by the parties involved medical devices and belong to key product categories. They are suspected of illegal circumstances, social harm, and subjective fault. After the incident of
, the parties have modified the above-mentioned "GEMME Color Daily Throw 10 Tablet Pack - Topal Powder" and "ReVIA Color Daily Throw 10 Tablet Pack - Quiet Forest" web pages to correct the above-mentioned illegal acts.
The above facts are proved by evidence such as "Inquiry Record", "Network Monitoring and Electronic Data Certification Document" and a copy of the business license provided by the parties.
On July 18, 2022, our bureau issued and served the Shanghai Stock Exchange Supervision and Prevention No. [2022] 272022000643 "Notice of Administrative Penalty of the Market Supervision Administration of Songjiang District, Shanghai" No. 272022000643, and informed the parties of the facts, reasons, basis, content of the punishment and the right to make statements and defenses in accordance with the law. The parties did not make statements or defenses within the statutory period, so they were deemed to have waived the above rights.
Our bureau believes that the act of publishing advertisements for comprehensive evaluation content such as sorting and recommendations in the illegal facts violates the provisions of Article 11, Item 6 of the "Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formula Foods" "Contains inducing content such as "hot sales, rush purchases, trials", "must-haves for families, free treatments, and free gifts", "evaluation, sorting, recommendations, designation, selection, and awards", and guaranteed content such as "invalid refunds, insurance company insurance" and encourage consumers to arbitrarily and excessively use drugs, health foods and special medical formulas." In view of the above-mentioned advertisements posted by the parties involved medical devices and belong to key commodity categories, and are suspected of illegal circumstances, endangering social levels and subjective fault levels, our bureau intends to impose general administrative penalties on the above-mentioned illegal acts of the parties. Therefore, in accordance with Article 28, paragraph 1 of the Administrative Penalty Law of the People's Republic of China, "when an administrative agency implements administrative penalties, it shall order the parties to correct or correct the illegal act within a time limit." and Article 28 of the "Interim Measures for the Review and Management of Advertising for Drugs, Medical Devices, Health Foods, and Special Medical Purpose Formulas Foods" "If an advertisement for drugs, medical devices, health foods and special medical purpose Formulas Foods violates the provisions of Article 11, Items 6 to 8 of these Measures and publishes advertisements for drugs, medical devices, health foods and special medical purpose Formulas Foods, the People's Republic of China If there is any provision in the National Advertising Law and other laws and regulations, the penalty shall be imposed in accordance with relevant regulations. If there is no provision, the market supervision and management department at or above the county level shall order the correction; the responsible advertisers, advertising operators, and advertising publishers shall be fined not more than three times the illegal income, but not more than 30,000 yuan; if there is no illegal income, a fine of not more than 10,000 yuan may be imposed. "The provisions of ", the parties shall be ordered to correct immediately and the parties shall be imposed as follows:
fined RMB 5,000 yuan.
now requires the parties to:
to bring this decision within fifteen days from the date of receipt of this decision and hand over the fine of RMB 5,000 to the city's Industrial and Commercial Bank of China or Construction Bank. If a fine is not paid within the deadline, according to the provisions of Article 72, Paragraph 1, Item (1) of the Administrative Penalty Law of the People's Republic of China, our bureau may impose a fine of three percent of the amount of the fine every day and apply to the people's court for compulsory execution in accordance with the law.
If the parties are dissatisfied with this decision, they may apply for administrative reconsideration to the Songjiang District People's Government within 60 days from the date of receipt of this decision; or they may file a lawsuit with the Songjiang District People's Court within 6 months. During the period of applying for administrative reconsideration or filing an administrative lawsuit, administrative penalties will not be suspended. If we do not apply for administrative reconsideration or file a lawsuit with the court within the deadline, and fail to perform administrative penalty decisions, our bureau may apply to the people's court for compulsory execution.
Shanghai Songjiang District Market Supervision Administration
July 26, 2022
(Source: China Economic Network)
