What are the penalties for false advertising?

Businesses that make false claims will be subject to financial penalties or revocation of business licenses, and will be ordered to stop illegal acts.

The law stipulates that if a merchant makes false publicity, it must not only bear the corresponding legal responsibility, but also compensate the consumer.

There is a fine and, depending on the seriousness, administrative detention may be imposed. Because this is suspected of deceiving consumers.

According to the provisions of China's Anti-Unfair Competition Law and other relevant laws, the penalties for false publicity are generally as follows: the supervision and inspection department shall order the person to stop the illegal act, impose a certain fine, and decide whether to revoke the business license according to the specific circumstances; If the act of false advertising is the publication of false advertisements, the corresponding penalties are: the market regulation departments are to order them to stop publishing advertisements and eliminate the impact, impose a certain amount of fines, and if necessary, revoke or revoke relevant certificates, restrict applications for advertising review, and so forth.

Legal basis. Article 20 of the Anti-Unfair Competition Law: Where business operators violate the provisions of Article 8 of this Law by making false or misleading commercial promotions of their goods, or helping other business operators to conduct false or misleading commercial promotions through methods such as organizing false transactions, the supervision and inspection departments are to order them to stop the illegal conduct and impose a fine of between 200,000 and 1,000,000 RMB; where the circumstances are serious, a fine of between 1,000,000 and 2,000,000 RMB is to be given, and the business license may be revoked.

Where proprietors violate the provisions of article 8 of this Law by publishing false advertisements, they are to be punished in accordance with the provisions of the "Advertising Law of the People's Republic of China".

Article 55 of the Advertising Law: Where false advertisements are published in violation of the provisions of this Law, the departments for market regulation are to order the publication of the advertisements to be stopped, order the advertisers to eliminate the impact within the corresponding scope, and impose a fine of between three and five times the advertising costs, and where the advertising costs cannot be calculated or are clearly low, give a fine of between 200,000 and 1,000,000 RMB; Where there are three or more violations within two years or there are other serious circumstances, a fine of between 5 and 10 times the advertising costs is to be given, and where the advertising costs cannot be calculated or are clearly low, a fine of between 1,000,000 and 2,000,000 RMB is to be given, and business licenses may be revoked, and the advertising review organs are to revoke the advertising review approval documents, and do not accept their application for advertising review for one year.

Where medical establishments have the illegal conduct provided for in the preceding paragraph, and the circumstances are serious, in addition to being punished by the market regulation departments in accordance with this Law, the administrative departments for health may revoke the diagnosis and treatment subjects or revoke the medical establishment's practice license.

Where advertising agents or advertisement publishers clearly know or should know that advertisements are false, but still design, produce, **, or publish them, the departments for market regulation are to confiscate the advertising fees and give a concurrent fine of between three and five times the advertising costs, and where the advertising costs cannot be calculated or are clearly low, give a fine of between 200,000 and 1,000,000 RMB; Where there are three or more violations within two years or there are other serious circumstances, a fine of between 5 and 10 times the advertising costs is to be given, and where the advertising costs cannot be calculated or are clearly low, a fine of between 1,000,000 and 2,000,000 RMB is to be given, and the relevant departments may suspend advertising publication operations, revoke business licenses, or revoke advertising publication registration certificates.

The penalty for false advertising by a merchant is first of all to order the cessation of the ongoing illegal acts, and at the same time to impose corresponding fines, if the circumstances are serious, it may be necessary to revoke the relevant licenses, and even need to bear the liability for compensation if it causes the loss of the interests of others. If a criminal offense is suspected, criminal liability is also required.

1. How to punish merchants for false publicity

1. If a merchant conducts false propaganda as an act of unfair competition, the market supervision and administration department shall order it to stop the illegal act and impose a corresponding fine, and the business license may be revoked if the circumstances are serious. If the interests of other competitors are harmed, they shall be liable for compensation.

2. Legal basis: Article 8 of the Anti-Unfair Competition Law of the People's Republic of China.

Proprietors must not make false or misleading commercial promotions about the performance, function, quality, sales status, user evaluations, honors, and so forth of their goods, to deceive or mislead consumers.

Business operators must not help other business operators conduct false or misleading commercial publicity through methods such as organizing false transactions.

Article 20. Where business operators violate the provisions of Article 8 of this Law by making false or misleading commercial promotions of their goods, or helping other business operators to conduct false or misleading commercial promotions through methods such as organizing false transactions, the supervision and inspection departments are to order them to stop the illegal conduct and give a fine of between 200,000 and 1,000,000 RMB; where the circumstances are serious, a fine of between 1,000,000 and 2,000,000 RMB is to be given, and the business license may be revoked.

Where a pickpocketing business operator violates the provisions of Article 8 of this Law by publishing false advertisements, it shall be punished in accordance with the provisions of the "Law of the People's Republic of China on Advertising".

II. What are the key points for determining false publicity

2. Acts of false publicity: The above-mentioned entities objectively falsely advertise their goods or services or carry out false publicity in other ways.

3. Consequences of false publicity: The above-mentioned false advertising or false propaganda has reached the level of misleading people, so it is harmful to society.

4. In the subjective aspect of false advertising, the advertising agent shall be legally responsible for false advertising only when he knows or should have known it; Advertisers of congratulatory files must bear legal responsibility for false advertising, regardless of their subjective status.

According to the relevant laws and regulations, false publicity is an act of unfair competition, and the relevant departments shall order it to stop the illegal acts, and need to impose corresponding fines, and if the circumstances are serious, the business license can be directly revoked, and if there is damage to the interests of other operators, then it is necessary to bear the responsibility for compensation.