Li Zixuan "Net Red Mooncake" suspected of breaking the law? Advertising law has some red lines that can't be touched!

When it comes to Li Zixuan, many people think of two words:Net red。

Li Zixuan's video not only went abroad, won a YouTube silver medal, but also by foreign netizens called "the mysterious power from the East."

Many people like her short videos and envy her pastoral life,Li Zixuan became a messenger of Chinese culture.

Although the lizi is very hot, but recently it is "black material" constantly, first the snail powder was exposed to eat out the blade, and now into the moon cake industry and turned the car.

Li Zixuan this mooncake roll over some accidents, and even suspected of breaking the law.

"Li Zixuan I love Beijing Tiananmen mooncake gift box."The packaging is really tall, even "Tiananmen", "Chinese watch", "the Forbidden City" and other elements are used.

However, "Tiananmen", "China Watch" is the symbol of the country, and can not be used directly for commercial purposes.

In accordance with the provisions of Article 57 of the Advertising Law, the publication of advertisements prohibited by Article 9 of this Law,The market supervision and administration department ordered it to stop publishing advertisements and fined the advertisers between 200,000 yuan and 1 million yuan。 If the circumstances are serious, the business license and advertising registration certificate may be revoked.

At present, Li Zixuan has not publicly responded to this practice.

Li Zixuan's mooncakes are popular, her online image is popular is also true, but on suspicion of violating the advertising law, really should be careful.

Here, let's count it down「Advertising methods have what can not touch the "red line."”」。

According to the New Advertising Act,

The following words can no longer appear in marketing documents,

Don't touch the thunder!

Prohibited words

It's about "most."

Most, best, most, favorite, most earned, best, best, best, best, largest, highest, most advanced, most exclusive, most luxurious, lowest, lowest, lowest price, lowest price, lowest price, lowest price, most popular, most popular, most fashionable, most gathered, most in line with the most comfortable, first, most advanced, most advanced science, most advanced processing technology, first enjoyment, last, last wave, latest technology, latest science.

It's about "one."

First, China first, the whole network first, sales first, ranked first, unique, first brand, NO.1, TOP.1, unique, national first, first-class, one day, only this time (one), the last wave, one of the country's X major brands.

Related to Level/Pole

State-level (except by relevant units), national product, global, cosmic, world-class, top-notch (top/cutting-edge), top-notch craft, top-notch enjoyment, excellent (excellent/absolute), ultimate, extreme.

Related to "First/Home/Country"

First, first choice, exclusive, exclusive formula, national debut, first, national sales champion, national products, national (national exemption), national leaders, to fill the domestic gap.

It's about the brand

Ace, Leader Brand, World Leader, Leader, Creator, Leading Brand, Leading Listing, Supreme, Peak, Leader, King, King, Champion.

It's about falsehood

Unprecedented, unprecedented, permanent, lmotable, ancestral, special effects, invincible, all-natural, 100%.

Related to fraud Suspected of defrauding consumers

Click to receive the award, congratulations on the award, the whole people free of charge, click to get, click to turn around, click to try on, click to flip, pick up the prize suspected of inducing consumers to kill seconds, grab explosion, no more rob no, will not be cheaper, miss no chance, million people crazy, the whole people crazy grab / snap, sell / grab crazy

It's about time

Limited time must be specific time today, today, a few days and nights, countdown, take advantage of now, on, only, weekend, anniversary, special lying down, shopping lying down, flash shopping, brand groups, boutique groups, single-item groups (must have an event date) strictly prohibited the use of any time to end, at any time price increase, immediately reduce prices.

Penalties

Article 57 of the new Advertising Law stipulates that if an advertisement is published under the prohibitions stipulated in Article 9 of the new Law, the administrative department for industry and commerce shall order it to stop publishing advertisements and fine the advertiser between 200,000 yuan and 1 million yuan.

If the circumstances are serious, the business license may be revoked, the advertising examination and approval documents shall be revoked by the advertising censorship organ, and its application for advertising examination shall not be accepted within one year;a fine of between $200,000 and $1 millionIf the circumstances are serious, the business license may be revoked and the registration document for advertising publication may be revoked.

Article 58 of the new Advertising Law stipulates that if one of the following acts is caused, the market supervision and administration department shall order it to stop publishing advertisements, order the advertiser to eliminate the impact within the corresponding scope, and shall be fined more than twice or three times the advertising cost, and the advertising expenses shall not be calculated or shall be significantly lower,a fine of between 100,000 yuan and 200,000 yuan；

If the circumstances are serious, if the advertising expenses are more than three times or less than five times the fine, if the advertising expenses cannot be calculated or are obviously low, the fine of 200,000 yuan or less than one million yuan may be revoked, and the advertising examination organ may revoke the approval document for the advertising examination and shall not accept its application for advertising examination within one year.

Appendix.

The use of extreme terms is strictly prohibited:

1. It is strictly forbidden to use national, world-class, most advanced, first, unique, first, preferred, top, national products, fill the domestic blank, exclusive, first, latest, most advanced, first brand, gold medal, brand name, excellent, top, exclusive, net sales first

Global debut, national first, all-net debut, world-leading, top craft, ace, sales champion, first (NO1Top1), extreme, permanent, ace, leader brand, unique, unique, unprecedented, lmsmanship and so on.

2. It is strictly forbidden to use the highest, lowest, most, most, cheapest, latest, most advanced, maximum, latest technology, most advanced science, best, largest, largest, latest science, latest technology, most advanced processing technology, most fashionable, most popular, first, etc. meaning the same or similar absolute terms.

3. It is strictly forbidden to use absolute value, absolute, big brand, precision, over-earning, leading brand, leading listing, superstar, famous, luxury, one of the world's major X brands and other words can not be verified.

4. It is strictly forbidden to use 100%, international quality, high-grade, genuine, national, world-class, the highest level of the best and other false or impossible to judge the authenticity of exaggerated expressions.

Time frame terms:

There must be a specific time limit, all group purchases must indicate the date of specific activities, strictly prohibit the use of any time to end, only this time, at any time to increase prices, immediately reduce prices, the last wave and other words can not determine the time limit.

Prohibited authoritative words:

1. It is strictly forbidden to use the terms recommended by the leaders of the state XXX, recommended by the state XX organs, specially provided by the state XX organs, specially provided by the staff members of the state and state organs for publicity,

2. It is strictly forbidden to use the language that quality is exempt from inspection, no national quality inspection is required, no sampling is required, etc. to declare that quality does not need to be tested

3. The use of RMB drawings is strictly prohibited (except with the approval of the Central Bank)

4. It is strictly forbidden to use the old characters, well-known trademarks of China, special offer, special offer and other words (except for the exclusive supply of the product association).

Clicking on XX words is strictly prohibited:

The use of words suspected of deceiving consumers is strictly prohibited, such as "congratulations on winning", "universal exemption", "click to have a surprise", "click to get", "click to try on", "collect prizes", "non-GMO safer" and other document elements.

The use of consumer-stimulating terms is strictly prohibited:

It is strictly forbidden to use words that stimulate consumers to snap up psychology, such as "second kill" "grab explosion" "no more rob" "no more cheap" "missed no chance" "millions of people crazy grab" "grab crazy" and so on.

Suspected medical terms (general merchandise, excluding special-purpose cosmetics, health food, medical devices):

1. Comprehensive adjustment of the body's endocrine balance; enhance or improve immunity; sleep aids; insomnia; tonic yang; Zhuangyang

2. Anti-inflammatory; Can promote metabolism; reduce red blood silk; produce optimized cellular structure; repair damaged skin; cure (except healing system); anti-inflammatory; live blood; detoxify; anti-sensitivity; desensitized; desensitized

3. Weight loss; detoxifying heat袪, dehumidification, treatment, sterilization; sterilization; antibacterial; sterilization; antibacterial; disinfection; detoxification

4. Anti-sensitivity; Soft sensitivity; Soothing; Gentle sensitivity; Desensitism; Melatonin; Improving sensitive skin; Improving allergies; Reducing skin sensitivity

5. Calm; Calm; Physiothesis; Gas; Live Blood; Raw Muscles; Blood Supplement; Energised; Brain-raising; Beneficial; Pulse

6. Bloating and creeping; diuretic; detoxifying cold; regulating endocrinology; delaying menopause; kidney replacement; wind; hair

7. Anti-cancer;

8. Scars; Lower blood pressure; Prevention and treatment of hypertension; treatment

9. Improve endocrinology; balance hormones; prevent dysfunction of the ovaries and uterus; remove toxins from the body; adsorption of lead mercury

10. Dehumidification; Moisturizing; Treatment of stench; treatment of odor; treatment of odor

11. Beauty treatment; elimination of spots; net spots; no spots; treatment of baldness; layer by layer reduction of a variety of color spots; stretch marks

12. Hair rebirth; hair regeneration; hair regeneration; hair loss; hair loss; seborring hair loss; diseased hair loss; hair follicle activation

13. Wine spoils the nose; the wound heals to remove the toxin

14. Relieves spasm convulsions, relieves or relieves symptoms of the disease, prescribes prescriptions, ×× clinical observations have significant effects

15. Papules; pustules; hand, acety; body, head; femoral; foot; foot gas; goose palms; freckles; psoriasis; infectious eczema

16. Cold and cold; menstrual pain; myalgia; headache; abdominal pain; constipation; asthma; bronchitis; indigestion

17. Knife wounds; burns; burns; sores; follicleitis; skin infections; names or symptoms of diseases such as skin facial cramps

18. Names of microorganisms such as bacteria, fungi, candides秕 spores, anaerobic bacteria, tooth spores, acne, hair follicle parasites, etc

19. Estrogens, androgens, hormones, antibiotics, hormones

20. Drugs; Chinese herbal medicine; central nervous system

21. Cell regeneration; cell proliferation and differentiation; immunity; suffering; scarring; joint pain; frostbite; frostbite. Frostbite

22. Oxygen exchange between skin cells; redness; lymphatic fluid; capillaries; lymphatic venom, etc

Superstitrinal:

Bring good luck, enhance the sixth sense, dissolve the small people, increase career luck, recruit money into treasure, health and wealth, enhance luck, help cause, body protection, balance positive and negative energy, eliminate mental pressure, reconcile air pressure, every murderous ji, the time to run, everything Hengtong, Wang people, Wangcai, help Ji avoid evil, turn rich and so on.

Cosmetic false propaganda:

Special effects; high efficiency; full efficiency; strong effect; quick effect; quick white; whitening; XX day effect; XX cycle effect; super strong; activation; all-round; comprehensive; safe; non-toxic; so fat, liposuction, fat burning; slimming; thin face; thin legs; weight loss; longevity; improved (protection) memory

Improve skin anti-irritation; eliminate; remove; dissolve dead cells; remove wrinkles; flat wrinkles; repair fractured elastic (force) fibers; stop destinct; and adopt a new coloring process that never fades

Rapidly repair skin damaged by UV rays; renew skin; destroy melanin cells; block (block) melanin formation; breast augmentation, breast augmentation, breast fullness, prevention of breast sagging (except for breast milk, bodybuilding cosmetics); improved (promoting) sleep; sleep wellness, etc

Expand the data

Article 9 Advertising shall not have the following circumstances:

(1) The use or disguised use of the national flag, national anthem, national emblem, military flag, military anthem and military emblem of the People's Republic of China;

(2) using or disguised the use of the name or image of the staff of state organs or state organs;

(3) the use of terms such as "national", "highest" and "best";

(4) harming the dignity or interests of the state and disclosing state secrets;

(5) Obstructing social stability and harming the public interest;

(6) endangering the safety of persons and property and disclosing personal privacy;

(7) obstructing public order or violating social good spirits;

(8) content containing obscenity, pornography, gambling, superstition, terror and violence;

(9) content containing ethnic, racial, religious and gender discrimination;

(10) Obstructing the protection of the environment, natural resources or cultural heritage;

(11) Other circumstances prohibited by laws and administrative regulations.

Article 57

If one of the following acts is caused, the market supervision and administration department shall order it to stop publishing advertisements, and if the advertiser is fined between 200,000 yuan and 1 million yuan, if the circumstances are serious, his business license may be revoked, the advertising examination and approval document shall be revoked by the advertising examination organ, and his application for advertising examination shall not be accepted within one year; Revoke your advertising registration documents:

(1) publishing advertisements that have the prohibitions stipulated in Articles 9 and 10 of this Law;

(2) Publishing advertisements for prescription drugs, advertisements for drug-prone chemicals, medical devices and therapeutic methods for drug treatment in violation of the provisions of Article 15 of this Law;

(3) Publishing advertisements for infant dairy products, beverages and other food products that claim to replace breast milk in whole or in part, in violation of the provisions of Article 20 of this Law;

(4) Publishing tobacco advertisements in violation of the provisions of Article 22 of this Law;

(5) Using advertisements to promote products or services prohibited from production or sale, or goods or services that are prohibited from advertising, in violation of Article 37 of this Law;

(6) In violation of the provisions of Article 40, paragraph 1, of this Law, advertisements for medical, pharmaceutical, health food, medical devices, cosmetics, alcohol and beauty, as well as advertisements for online games that are not conducive to the physical and mental health of minors, are published in the mass media targeting minors.

Article 58

If one of the following acts is caused, the market supervision and administration department shall order the publication of advertisements, order the advertisers to eliminate the impact within the corresponding scope, and shall be fined more than twice or less than three times the advertising expenses, and if the advertising expenses cannot be calculated or are obviously low, they shall be fined between 100,000 yuan and 200,000 yuan; And the advertising review organ shall revoke the approval document for the ad review and shall not accept its application for advertising examination within one year:

(1) Publishing advertisements for medical, pharmaceutical or medical devices in violation of the provisions of Article 16 of this Law;

(2) In violation of article 17 of this Law, the function of disease treatment is involved in advertising, as well as the use of medical terms or terms that easily confuse the commodities marketed with medicines and medical devices;

(3) Publishing advertisements for health food in violation of the provisions of Article 18 of this Law;

(4) Publishing advertisements for pesticides, veterinary drugs, feed and feed additives in violation of the provisions of Article 21 of this Law;

(5) publishing alcohol advertisements in violation of the provisions of Article 23 of this Law; (6) Publishing advertisements for education and training in violation of the provisions of Article 24 of this Law;

(7) Publishing advertisements for goods or services with expected return on investment, such as investment returns, in violation of the provisions of Article 25 of this Law; (8) publishing advertisements for real estate in violation of the provisions of Article 26 of this Law;

(9) Publishing advertisements for crop seeds, forest seeds, grass seeds, livestock and poultry, aquatic seedlings and breeding in violation of the provisions of Article 27 of this Law;

(10) using minors under the age of ten as advertising spokesmen in violation of the provisions of Article 38 (2) of this Law; (11) using natural persons, legal persons or other organizations as advertising spokesmen in violation of the provisions of Article 38, paragraph 3, of this Law;

(12) In violation of the provisions of Article 39 of this Law, advertisements are published in primary and secondary schools or kindergartens or by using articles related to primary and secondary school students and young children;

(13) Publishing advertisements for goods or services for minors under the age of fourteen in violation of the provisions of Article 40, paragraph 2, of this Law;

(14) In violation of the provisions of Article 46 of this Law, an advertisement is published without examination.

If a medical institution has committed an illegal act as stipulated in the previous paragraph and the circumstances are serious, the administrative department of health may revoke the subject of diagnosis and treatment or revoke the license of the medical institution to practise, except for the punishment imposed by the market supervision and administration department in accordance with this Law.

If an advertising operator or advertising publisher knows or should know that an illegal act is still designed, produced, agencyd or published in accordance with the provisions of the first paragraph of this Article, the market supervision and administration department shall confiscate the advertising expenses and shall be fined more than twice or less than three times the advertising expenses, and if the advertising expenses cannot be calculated or significantly lower, they shall be fined between 100,000 yuan and 200,000 yuan; And the relevant departments may suspend advertising business, revoke business license, revocation of advertising registration documents.

References: Advertising Law, NetEase News

Editor: E-commerce Story

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