The most severe punishment for illegal advertising conduct by the advertising supervision and manage

The market regulation department is in charge of advertising oversight and management work nationwide.

Article 6 of the Advertising Law of the People's Republic of China: The market regulation departments are in charge of the nation's advertising oversight and management efforts, and the relevant departments are responsible for advertising management work within the scope of their respective duties.

The local departments for market regulation at the county level or above are in charge of advertising oversight and management efforts in that administrative region, and the relevant departments of local people's ** at the county level or above are responsible for efforts related to advertising management within the scope of their respective duties.

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Legal analysis: The department that punishes the publication of illegal drug advertisements is the local health department or the food and drug supervision and administration department. The drug regulatory departments of provinces, autonomous regions and municipalities directly under the Central Government are the review organs of drug advertisements and are responsible for the review of drug advertisements within their respective administrative regions.

The administrative department for industry and commerce at or above the county level is the supervising and administrative organ for drug advertising. Accompany the Tong Bureau to establish the State Administration for Market Regulation. Reforming the market supervision system and implementing unified market supervision is the key link in establishing a modern market system that is unified, open, competitive, and orderly.

Legal basis: Article 90 of the Drug Administration Law of the People's Republic of China The content of drug advertisements shall be true and legal, and shall be subject to the drug instructions approved by the drug regulatory department, and shall not contain false content. Advertisements for drugs must not contain assertions or guarantees of efficacy or safety;The names or images of state organs, scientific research units, academic institutions, industry associations, experts, scholars, physicians, pharmacists, patients, and so forth must not be used to make recommendations or proofs.

Non-drug advertisements must not involve the promotion of drugs.

Answer]: A is responsible for organizing and guiding the investigation of food and drug crime cases is the Zhipi Public Security Department;The department responsible for the supervision and punishment of drug advertisements is the administrative department for industry and commerceThe nuclear department responsible for the management of national drug reserves is the Department of Industry and Information Technology.

1) Illegally operating advertisements.

Illegal advertising refers to violating the provisions of the Advertising Law by undertaking advertising business without a business license issued by the administrative authority for industry and commerce, or engaging in advertising business activities beyond the approved business scope. The specific acts of illegal advertising are as follows:

1.It is illegal to operate advertisements without a license, that is, units or individuals who have not applied for an "Advertising Business License", whether they are engaged in perennial advertising business activities or temporary advertising business activities.

2.Operate advertisements beyond the scope of business authority. The Advertising Business License clearly defines the scope of advertising business. All advertising business activities beyond the scope of business are illegal operations.

3.Non-advertising business departments within news units engage in advertising business activities, and journalists solicit advertisements in the name of interviews.

4.Foreign enterprises or organizations and foreign personnel directly undertake advertisements in China without being an advertising business entity in China with the right to operate foreign advertisements.

5.Without the approval of the relevant departments, undertake commercial printed advertisements, sponsored advertisements, and mass distribution of mailing advertisements.

Article 21 of the "Detailed Rules for the Implementation of the Regulations on the Administration of Advertising" stipulates that "where advertising agents violate the provisions of article 6 of the "Regulations" by operating advertising business without a license or beyond the scope of their business, their illegal business activities shall be banned, their illegal gains shall be confiscated, and a fine of up to 5,000 RMB shall be imposed." ”

2) Publishing false advertisements.

False advertising refers to untruthful advertising in a deceptive manner.

The specific acts of publishing false advertisements are as follows:

1.The products and services introduced by advertisers are themselves false.

1) The description of the quality, performance, and efficacy of the product in the advertisement does not conform to the actual quality, performance, and efficacy of the product.

2) Changing the content approved and publicized in the "Advertising Approval Form" for special commodities such as food, drugs, and pesticide grinding without authorization, and carrying out false and exaggerated propaganda to deceive and mislead consumers.

3) Using false advertising to recruit students to run schools and train technology.

4) Publishing false advertisements for "wealth information and practical technology" to defraud money.

5) There are no goods available, or shoddy, in the name of mail order to defraud the purchase money, illegal profits.

2.The advertiser's self-description doesn't match the reality.

1) Falsely claiming that they have obtained a production license or commodity registration certificate; Falsely claiming that the product quality has reached the specified standards, certification, and patents, etc.; Falsely claiming that the product has won awards, won the title of high-quality product, etc.

The procedures for administrative punishment by the Administration for Market Regulation stipulate that the market regulation department shall verify leads on illegal conduct discovered on the basis of its oversight and inspection authority or through channels such as complaints, reports, transfers from other departments, or assignment by superiors, and shall verify it within 15 working days from the date on which the file is issued or the materials are received, and the responsible person of the department for market regulation shall decide whether to file a case.

Article 55 of the Advertising Law of the People's Republic of China: Where the provisions of this Law are violated by publishing false advertisements, the departments for market regulation are to order that the publication of advertisements be stopped, order the advertisers to eliminate the impact within the corresponding scope, and give a fine of between 3 and 5 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.