Four typical cases closely related to people’s lives are now announced.
Case 1:Ceramic Company forges false propaganda of origin
Jingdezhen Yijiang Ceramics Co., Ltd. sells daily-use ceramics in its tmall mall”yomerto flagship store”. The origin column, product title and product information introduction of daily-use ceramics are clearly marked as”Jingdezhen”, while the actual origin of daily-use ceramics is in other places. The party concerned purchased goods from suppliers such as Yongxing ceramics factory in Fengtang Dongmen, Chaoan District, Chaozhou City, Guangdong Gaoyue Ceramics Co., Ltd. and Chaozhou Jinmei ceramics factory, and transported customized daily-use ceramics to Jingdezhen through logistics. He lied that the origin of daily-use ceramics was Jingdezhen, cheating and misleading consumers to buy.
The party concerned’s act of falsely publicizing the origin of household ceramics violates the provisions of paragraph 1 of Article 8 of the Anti Unfair Competition Law of the people’s Republic of China. According to paragraph 1 of Article 20, the party concerned is ordered to stop the illegal act and fined 200000 yuan according to law.
Case 2:false publicity of health food
On October 15, 2021, the law enforcement officers of Zhushan District Municipal Supervision Bureau of Jingdezhen city conducted an on-site inspection in the store of Airui Health Museum and found that the store was recommending a product called”Tibetan Fritillaria” to the middle-aged and elderly people in the form of video lectures.
In the process of promoting and introducing products to consumers, in order to achieve sales purposes, the store used the”ppt” video presentation method to make up that the product has relevant functions and effects except for the marked and marked packaging. It is found that the product does not have the functions and efficacy described in the”ppt” video.
The above-mentioned acts constitute the act of”business operators shall not make false or misleading commercial publicity on the performance, function, quality, sales status, user evaluation, and honors of their goods, so as to deceive and mislead consumers” referred to in Article 8, paragraph 1 of the anti unfair competition law; According to Article 20 of the anti unfair competition law and in combination with Article 33 of the administrative punishment law,”if the illegal act is minor and corrected in time, and does not cause harmful consequences, no administrative punishment shall be imposed. If the illegal act is minor and the harmful consequences are minor and corrected in time for the first time, no administrative punishment may be imposed”; In line with the principle of paying equal attention to education and punishment, and paying equal attention to excessive punishment; After study and decision, it is ordered to correct the illegal business behavior; Impose a fine of 10000 yuan and turn it over to the State Treasury for administrative punishment.
Case 3:Sales infringement of registered trademark
In September, 2021, Jingdezhen Municipal Supervision Bureau made an administrative penalty decision of confiscating 167 barrels of food infringing the registered trademark and imposing a fine of 166320 yuan on Jiangxi Huangya Trading Co., Ltd. for the sale of peach crisp infringing the registered trademark.
After investigation, the party concerned purchased 1592 Jin of small peach crisp in bulk (79 yuan/bag, a total of 199 bags, 4kg/bag, with a total amount of 15721 yuan) from Leping No. 1 Food Co., Ltd. on the ground of customizing peach crisp for a unit in Jingdezhen. Subsequently, the parties customized 540 cans from Jingdezhen Changrui metal products Co., Ltd., packaged the purchased small peach crisp in bulk into finished products, and sold them all to major supermarkets in Jingdezhen at the price of a registered trademark peach crisp.
After further investigation by law enforcement officers, the parties counterfeited 540 barrels (1480g per barrel) of peach crisp with a registered trademark. The production cost of counterfeiting was 48 yuan/barrel, the sales price was 88 yuan/barrel, and the total amount involved was 47520 yuan. Among them, 507 barrels were sold, the total sales amount was 44616 yuan, and the illegal profit was 20280 yuan. A total of 134 barrels were recalled later, and 33 barrels remained in the warehouse, a total of 167 barrels were seized, and the remaining 373 barrels have been sold out.
If the party concerned sells products that infringe the exclusive right to use a registered trademark, the Jingdezhen Municipal market supervision administration will impose the above punishment on the party concerned in accordance with the relevant provisions of the Trademark Law of the people’s Republic of China.
Case 4:false publicity and sales of”tongjingtang” aunt cream
On June 21, 2021, after receiving a report from the masses, the law enforcement officers of Leping market supervision and Administration Bureau inspected Jiangxi tongjingtang Health Food Co., Ltd. It was found at the scene that there was a box of”tongjingtang” aunt cream in the left display counter on the second floor of the company. At the same time, the product”tongjingtang” aunt cream was found on the company’s Taobao flagship store, and the advertisements showed the words”improve the palace inheritance cream formula, get rid of monthly troubles, save the great aunt”,”manual ancient cooking, no addition, Royal cream formula” and other promotional advertisements. Law enforcement officers issued a notice of order to correct according to law, ordering the parties to immediately stop false publicity and misleading illegal business practices.
On June 25 of the same year, the law enforcement officers made a return visit and inspection, and the parties still failed to rectify the advertising in Taobao flagship store. The party involved is suspected of false propaganda, which constitutes item (2) of Article 28 of the advertising law of the people’s Republic of China:”The performance, function, origin, use, quality, specification, composition, price, producer, expiration date, sales status, honors and other information of the commodity, or the content, provider, form, quality, price, sales status, honors and other information of the service, as well as the promises related to the commodity or service, are inconsistent with the actual situation, which has a substantial impact on the purchase behavior.” The behavior of false propaganda refers to the fact that it is suspected of false propaganda.
In accordance with Article 55 of the advertising law of the people’s Republic of China and Article 28 of the administrative punishment law, Leping market supervision and Administration Bureau ordered the party concerned to immediately stop false publicity and illegal business operations and eliminate the impact within the corresponding scope. In line with the principle of combining investigation and guidance, punishment and education, a fine of 7800 yuan will be imposed and handed over to the state treasury.