2019 spring late, the essay that Ge You, Cai Ming cooperates " " son " came " in, ge You acted to sell preserve one's health " great health care " the cheater of mattess, he claims in essay mattess not only can acupuncture, a popular treatment for sunstroke by scraping the patient's neck, the hair that still can let oneself " morning shave is smooth, can block an eye in the evening, midday not dare siesta "
In real life, this kind is had " all sorts of health care functions " mattess still exists really.
Recently, reporter of boreal green network receives a hot line to explode makings say, group of science and technology of health of Tianjin casting source (next weighing Tianjin casting source) the issue that the product presence such as blanket of the mattess of preserve one's health of the sale, electric heat publicizes phonily, and regard as sell the Tianjin casting source of the enterprise continuously, still be in sell continuously groom the existence on personnel and product range violates compasses act.
The product is suspected of false conduct propaganda
Mr Wang that expects according to exploding (alias) say, he is in Tianjin of casting source " member system " in bought the name is " casting source sleeps mattess of treasure preserve one's health 1.5 meters " product, the company says in the product introduction of mattess, this mattess contains Chinese herbal medicine, "Definitely pine torch: Carry green grass scent slightly, when sleeping, hearing flavour, be just as in sleeping in green grass clump, its have bowel of bright eye, embellish aperient effect, bright eye, step-down mixes clear liver reduce the effect such as serum cholesterol; The rhizome of chuanxiong: The gender is lukewarm, have gas of very good travel of invigorate the circulation of blood, dispel the wind the acetanilide, action that enrages gloomy all right, the rhizome of chuanxiong still has fight radiation action, protective Morpheus quality " .
From the point of the manual, this product carried a state mandatory product (3C) attestation, attestation date is 201815079022075, reporter of boreal green network approbates information in countrywide attestation search of public service platform, this product is eventuate only electric heat blanket, do not have any other functions and effect.
Basis " advertisement law " relevant provision, advertisement must not contain the content of false fetching perhaps misunderstanding, do not get customer of deceit, misdirect.
" advertisement law " the seventeenth regulation, outside dividing advertisement of medical treatment, medicines and chemical reagents, medical apparatus and instruments, prohibit other any advertisement involve a disease to treat a function, the diction of confuse of interblend of the commodity that must not use medical treatment diction to make easily perhaps promote and medicines and chemical reagents, medical apparatus and instruments.
Be aimed at this matter, reporter of boreal green network interviewed Rao Jinfeng's lawyer, forgive lawyer expresses, when afore-mentioned mattess are being publicized, in putting the medical effect of Chinese herbal medicine into product advertisement, invite customer easily the effect confuse sth with sth else of the medical effect Chinese herbal medicine and mattess, have the suspicion of intended misdirect consumer. Forgive lawyer complements, when the relevant effect that in allusive consumer this bed spacer contains Chinese herbal medicine somewhat, used " reduce serum, cholesterol " wait for pair of effect, security say or state with certainty, such practice was disobeyed " advertisement law " relevant provision.
Commodity of place carry out exceeds range of straight battalion product
Say according to Mr Wang, he became the member of Tianjin casting source via friend introduction in December 2018, be asked to hand in 6660 yuan of direct distributor that purchase Tianjin casting source to taste. He says, the commodity of Tianjin casting source is very rich, and coronal with " quanta " , " get together can " wait for high-tech vocabulary, for instance blue and white porcelain of source of dinner service of china of bone of casting source quanta, casting by, get together can fry source of boiler, casting to sleep treasure mattess.
After Mr Wang becomes member of Tianjin casting source, tianjin casting source gives explode the attributive that expects the person opened a member to log onto a system, there is about a hundred kinds of merchandise in its system making work.
In light of the image information that provides according to Mr Wang, the product that Tianjin casting source sells is not confined to health food a kind, still involve cosmetic, individual to nurse wait for other sort.
The reporter consulted the pertinent information of Tianjin casting source, what the company issues at obtaining Department of Commerce in June 2015 is straight sell business certificate, it is a country the 63rd piece of license plate in selling a field continuously. But the reporter investigates discovery further, tianjin casting source puts on record in book sell a product continuously only 1 kind 18 kinds, it is vitamin, carotene, Sha Ji for the most part piece wait for mineral filling agent, with explode the difference of 1000 kinds of commodity that makings person offers is vast, and blue and white porcelain of source of dinner service of china of bone of casting source quanta, casting by, get together can fry source of boiler, casting to sleep the commodity such as treasure mattess is absent apparently inside the commodity range that Department of Commerce permits a company to be sold continuously.
Reporter of boreal green network lands the website of Tianjin casting source, show on website home page have 5 range of products, those who include health care of nutrition of source of student, source accumulate the individual nurses, source of ability of Kang Ke of healthy of cleanness of clean leisurely household, beneficial civilian, casting complementary annul article, current, have besides series of health care of nutrition of source of student outside carry out commodity, after 4 series choose the rest, had not makinging work commodity.
Basis " sell regulation continuously " the 42nd regulation, sell industry deregulation continuously, exceed what sell product range to be engaged in selling management activity continuously continuously, by industrial and commercial administration the branch is instructed correct, confiscate sell continuously product and illegal sales revenue, be in 50 thousand yuan of above 300 thousand yuan of the following amerce; The clue is serious, be in 300 thousand yuan of above 500 thousand yuan of the following amerce, what till be in charge of sectional revoke to sell a business continuously by business affairs of the State Council,by industrial and commercial administration sectional revoke has the sells company branch continuously business patent that violates management act is straight sell business certificate.
Sell continuously groom personnel " the mount guard that do not have card "
In December 2018, mr Wang attended Tianjin casting source to was met 2018 grand ceremony, on annual meeting, tianjin casting source has much name to groom personnel appears on the stage lecture; After pay buys company product 6600 yuan to become a member, mr Wang participated in what company of Tianjin casting source holds to groom for many times meeting, much name grooms division is on the meeting lecture. But the reporter sells information of the inquiry on industry government website to show continuously in Department of Commerce, tianjin casting source is only 1 is registered in book sell the member that groom continuously. Change a word to tell, much name of Tianjin casting source sells the member that groom continuously is " the mount guard that do not have card " .
According to " sell regulation continuously " the 45th regulation, did not obtain card of the member that sell continuously to be engaged in selling an activity continuously, by industrial and commercial administration the branch is instructed correct, confiscate sell continuously product and illegal sales revenue, can be in 20 thousand yuan of the following amerce; clues serious, be in 20 thousand yuan of above 200 thousand yuan of the following amerce.
This byelaw sets the 46th times, sell an enterprise to undertake this byelaw sets selling a vocational training to disobey continuously continuously, by industrial and commercial administration the branch is instructed correct, confiscate illegal earning, be in 30 thousand yuan of above 100 thousand yuan of the following amerce; are right schoolteaching personnel, by industrial and commercial administration the branch is in 50 thousand yuan of the following amerce, sell the member that groom continuously, instruct sell enterprise cancel continuously its sell qualification of the member that groom continuously.
Rao Jinfeng's lawyer expresses to reporter of boreal green network, did not gain competence of the member that sell continuously and did not register the personnel that put on record to appear on the stage in Department of Commerce lecture, with obtain the interest is a purpose or coax consumer buys the deed of the product, had formed essentially break the law.
Because straight sell industry is some more intimate year of high speed development that is in our country, many enterprises are wrapping around " sell continuously " the brim region that appearance wanders to be superintended in law, sell pattern continuously so all the time since also accompanying dispute. And since last year, as authority be good at, extremely infinite, hua Lin sell continuously the company is disclosed in succession and investigate, or course of study of adumbrative also our country straight sell will shuffle greatly.
In the meantime, department of Commerce also expresses on the routine news briefing Feburary, had suspended dealing with at present sell continuously examine and approve relevantly, put on record wait for item, straight sell course of study has been entered the most severe superintend period.
(group of report of deepness of lens of filter of boreal green net)