Keywords: E-commerce advertising·false propaganda

Introduction to the case

The parties said that the e-commerce platform they operate “is different from traditional social e-commerce and has unique advantages. ① Self-purchasing saves money: massive supply of goods ensures low prices ; ② Make money by sharing: All store owners, managers, and directors do not need to stock up on goods. As long as they recommend friends to place orders, they can earn referral rewards from the mall; ③ Consumption is investment: every consumption, sharing and sale will be recorded by the mall. It is valid forever and will be redeemed as rewards in the future, and will increase in value as the platform grows.” After investigation, the party concerned failed to provide evidence related to the promotion in the actual operation of the e-commerce platform App. It has never provided the above services and does not have unique advantages. In July 2021, the Futian Supervision Bureau of the Shenzhen Municipal Administration for Market Regulation ordered the parties to stop publishing illegal advertisements, eliminate the impact within the corresponding scope, and imposed an administrative penalty of 500,000 yuan.

Case Analysis

In this case, the party failed to provide evidence related to the promotion in the actual operation of the e-commerce platform App, never provided the above services, and did not have unique Advantages, the service does not fall within the provisions of Article 28, Paragraph 2, Item (1) of the Advertising Law, and the use of false content to deceive and mislead consumers violates Article 4 of the Advertising Law. The provisions of paragraph 1 constitute false advertising.

Compliance Tips

If the goods or services promoted in the advertisement do not exist, it constitutes false advertising. Advertisements must not contain false or misleading content, and must not deceive or mislead consumers.

Legal provisions

Article 4, Paragraph 1 of the Advertising Law: Advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers.

If an advertisement in Item (1) of Article 28, Paragraph 2 of the Advertising Law falls under any of the following circumstances, it is a false advertisement:

(1) The goods or services are not existing.