Avene live spring advertising illegal punishment, medical terms do not use

2022-05-10 0 By

Avene Avene’s affiliated company pierfarber (Shanghai) Cosmetics Trading Co., Ltd. has been fined 100,000 yuan by the Huangpu District Market Supervision Administration for violating the advertising law by publishing advertisements, according to the App.In addition, according to the administrative penalty information made public by the Shanghai Municipal Market Regulation Bureau, the party registered and used the weibo account “Avene Doctor Face to face” on July 19, 2021, which published a promotional text, including “Avene spring water has been proven in vitro and clinical studies to have soothing, anti-inflammatory, anti-stimulation effects…”And so on.The above behavior of the parties is suspected of violating the provisions of article 17 of the Advertising Law of the People’s Republic of China, and constitutes the behavior of publishing cosmetics advertisements containing medical terms.Shanghai Huangpu District Market Supervision Administration initiated the investigation on October 28, 2021.After investigation, the party is mainly engaged in “Avene” brand cosmetics business in China.The person registered and used the Weibo account “Doctor Avene Face to Face”.On July 19, 2021, the parties concerned to promote the operation and the normal use of cosmetics “avene ShuQuan conditioning spray”, in the management and use of weibo account “avene doctor face to face” published an article in the content as follows: “# avene see you Monday avene active springs verified by in vitro and clinical research has soothing, anti-inflammatory, the effect of resistance to stimulate…”The ads.Article 17 of the Advertising Law of the People’s Republic of China “Except for advertisements of medical treatment, drugs and medical devices;The provisions prohibiting the use of medical terms in any other advertisement involving the therapeutic function of diseases and the use of medical terms or terms that may easily confuse the products to be marketed with drugs or medical devices constitute the act of using medical terms in the published advertisement.According to “the advertisement law of the People’s Republic of China” the first (2) of paragraph 1 of article 58 “has one of the following ACTS, the market supervision and regulation department shall be ordered to stop the advertisements, it shall be ordered to eliminate impact advertisers in the corresponding scope, more than twice and less than three times the advertising expenses of fines, advertising costs cannot be computed or obviously low, be fined one hundred thousand yuan and two hundred thousand yuan;If the circumstances are serious, they shall be fined between three times and five times the advertising expenses; if the advertising expenses cannot be calculated or are obviously too low, they shall be fined between 200,000 yuan and one million yuan, their business licenses may be revoked, the advertising examination organs shall revoke the documents of approval for the examination of advertisements, and their applications for examination of advertisements shall not be accepted for one year:…(2) in violation of the provisions of Article 17 of this Law, involving in advertisements the therapeutic functions of diseases or using medical terms or terms likely to confuse the commodities to be marketed with drugs or medical devices;…”(1) Order to stop publishing illegal advertisements;2. Order to eliminate the influence within the corresponding scope;Three, the fine of 100000 yuan only.In fact, this is not the first time that the company has been punished for advertising violations. The market regulator previously fined the company 400,000 yuan for publishing false advertisements and using absolutive terms.According to the administrative penalty information released by the Shanghai Municipal Market Supervision Bureau, since April 21, 2020, the party advertised the product “Avene Shu Quan conditioning spray” on the official website, claiming to “maintain and strengthen the effect of laser/photon cosmetic surgery”, the party could not provide evidence.Avene shuquan conditioning spray is imported from France by the parties, belongs to the import of non-special use cosmetics.Its production process is directly from the spring water, and then filled with nitrogen pressurized aseptic filling.There are no experiments or data to prove that Avene Conditioning Spray can maintain and enhance laser/photon cosmetic surgery outcomes.Therefore, the claims made by the parties are false.In addition, the parties in the official website on the same page to promote the product Avene shuquan conditioning spray declared that “laser postoperative choice of high safety and repair function of professional skin care products is the best choice after laser cosmetic surgery.For example, avene, a Specialist dermatology care product from France, uses the absolute term “best.”Where the acts of the parties constitute item (4), Paragraph 2, Article 28 of the Advertising Law of the People’s Republic of China, “an advertisement deceives or misleads consumers with false or misleading contents, it shall constitute false advertising.An advertisement is false if it falls under any of the following circumstances:…(4) inventing the effects of using a commodity or receiving a service;…”The act specified.In the end, Shanghai Pudong New Area market supervision administration decided to fine the company 400,000 yuan.Avene is a dermatological care brand based on natural hot springs and a professional medical skin care and cosmetics brand based on sensitive skin.Pierfarber group is the world’s second largest dermatology skincare group, and the second largest private pharmaceutical group in France. Its main business includes pharmaceuticals, consumer goods and health care, including Avene, Freudyard, Corsuch brands.At present, China has become the largest overseas market of Pierfarber Group.At present, China’s cosmetics regulations are becoming stricter, compliance is a big challenge for the multinational cosmetics giant Pierfarber.