Well known car companies were fined 600,000 yuan just because there were illegal words in the advert

Recently, a well-known automobile company was fined 600,000 yuan. According to the company's investigation APP, Geely Automobile Sales **** in Hangzhou Bay New Area, Ningbo, was fined 600,000 yuan by the Ningbo Municipal Administration for Market Regulation for using terms such as "the most advanced" and "the best" in advertising, violating the provisions of the Advertising Law. Advertising law has the most advanced, best, and other top-level terms that cannot be used.

On October 31, 2021, Geely Automobile Group held the "Smart 2025 Geely - Geely Longwan Technology Seminar and Global Power Technology Brand Launch" event at the Hangzhou Bay Research Institute, and used extreme words such as "national" to promote and promote its own brand products many times. In terms of penalties, according to the Ningbo Municipal Administration for Market Regulation, Geely in the Bay Area used the highest expression in the advertising process, and Article 9, Paragraph 3 violated the provisions of the Advertising Law, which prohibits the use of "national", "top", "best", etc., and therefore imposes a fine on it in accordance with Article 57, Paragraph 1, Paragraph 1 of the Advertising Law of the People's Republic of China.

In early August 2022, Zhejiang Geely Holding Group, Geely's wholly-owned holding company in Wanxin District, was also fined for "advertising to disparage the goods or services of other producers and operators". New Geely was established on February 18, 2019 with a registered capital of 50 million yuan. Geely Group was established in January 2003 with a registered capital and paid-in capital of 6,055.9 billion yuan.

The legal representative is Lin Jie. The business scope includes the wholesale and retail of "Geely series" automobiles, the wholesale and retail of auto parts, motorcycles and accessories, and the import and export business of the above products. Advertising, as a means for enterprises to participate in market competition, should be fair and objective.

Terms such as "top product" and "top brand" are also prohibited by the Advertising Law. The logic behind it is the same, before being tested by the market, such a high hat not only misleads consumers, but also involves unfair competition behaviors such as false publicity.

As for how enterprises can avoid touching the legal red line in advertising, the language absolutely prohibited by the Advertising Law is not limited to the language "most advanced" and "best" listed by the "country", and the highest level words similar to this one with the same or similar meaning "most" belong to absolute terms, such as: world-class, cosmic-level, global-level, top-level, extreme, latest science, unique, national new drug, the most advanced manufacturing method, the best efficacy, effective rate, all diseases, all-natural, 100% safe and other absolute terms are prohibited in food advertising.

In the Advertising Law, some exaggerated words cannot be used, some words that do not conform to reality cannot be used, some words involving preferential terms cannot be used, and lines involving deception cannot be used.

With the intensification of competition in the electric vehicle market, in order to attract attention and traffic, car companies have a tendency to spread false propaganda and exaggerated marketing. Since these astonishing remarks are often made at press conferences or leaders, they do not constitute formal advertising content, so they are not considered a violation of the Advertising Law. But judging from the actual publicity effect, it is controversial.

Words that refer to women, words that involve men, words that involve insults, words that refer to disdain others, and words that refer to brands.

1. At the door of the hotel: "copy" the meal.

2. The door of the car repair shop is flushed: the tire is repaired and "flushed".

3. At the door of the retail store: "another let the balance" sell.

4. At the door of the furniture store: furniture "furniture".

5. Decoration store entrance: Decoration "Juan".

6. Lost property advertising: "revelation" of lost property

7. Install the door of the company: "press" to install.

8. At the door of the car wash shop: the car wash is "wax".

9. At the entrance of the hotel: "together" meal.

10. At the entrance of the fruit store: "Bo" diar.

11. Hotel menu: chicken "Dan".

12. Hardware store signage: "skewer" seat.

13. Sporting goods store signage: "Orchid" ball.

14. At the entrance of the fast food restaurant: the big row "block".

15. Farmers' market signage: "Tomato".

16. The parking lot is a signboard: "Ding" car charges.

17. Crack down on propaganda slogans: Crack down on "calendars".

18. An airport banner: "young".

19. A traffic propaganda slogan: Overrun and overload are "dead".

20. A canteen menu: fish "garden".

Legal Analysis: The departments for market regulation are to order that the publication of advertisements be stopped, and impose a fine of between 200,000 and 1,000,000 RMB on advertisers, and where the circumstances are serious, business licenses may be revoked, and the advertising review organs are to revoke the advertising review approval documents, and not accept their application for advertising review for one year; The departments for market regulation are to confiscate advertising fees and give a fine of between 200,000 and 1,000,000 RMB for advertising agents and advertisement publishers, and where the circumstances are serious, may revoke business licenses.

Legal basis: "Advertising Law of the People's Republic of China" Article 57: Where any of the following conduct is exhibited, the departments for market regulation are to order that the publication of advertisements be stopped, and give advertisers a fine of between 200,000 and 1,000,000 RMB, and where the circumstances are serious, they may revoke business licenses, and the advertising review organs are to revoke the advertising review approval documents and not accept their application for advertising review for one year; The departments for market regulation are to confiscate advertising fees and give a fine of between 200,000 and 1,000,000 RMB for advertising agents and advertisement publishers, and where the circumstances are serious, may revoke business licenses.

1) Publishing advertisements with the prohibited circumstances provided for in articles 9 and 10 of this Law;

2) Violating the provisions of Article 15 of this Law by publishing advertisements for prescription drugs, pharmaceutical precursor chemicals, medical devices and methods for drug rehabilitation;

3) Violating the provisions of article 20 of this Law by publishing advertisements for infant dairy products, beverages, and other foods that claim to replace breast milk in whole or in part;

4) Publishing tobacco advertisements in violation of article 22 of this Law;

5) Violating the provisions of article 37 of this Law by using advertisements to promote products or services that are prohibited from being produced or sold, or goods or services that are prohibited from being advertised;

6) Violating the provisions of paragraph 1 of article 40 of this Law by publishing advertisements for medical treatment, medicines, health foods, medical devices, cosmetics, alcohol, or beauty in mass media aimed at minors, as well as advertisements for online games that are not conducive to minors' physical and psychological health.

For stores with extreme language, once the violating stores are found, points will be deducted and fined, and the fine will be between 200,000 yuan and 1,000,000 yuan, and the store will be closed directly if the circumstances are serious. In the event that a customer complains about the limit of the language and successfully protects the rights, the compensation amount will be fully borne by the merchant. Therefore, sellers should pay attention to it, self-check and self-correct, and make corrections and changes in time to avoid being penalized.

What are the prohibited words in the 2021 Advertising Law?

The words prohibited in the 2021 Advertising Law of the People's Republic of China are as follows:

1. Food advertisements shall not contain absolute language expressions such as "the latest science", "the latest technology", and "the most advanced processing technology";

2. Food advertisements shall not explicitly or implicitly substitute for breast milk, and shall not use the image of breastfeeding women and infants;

3. The words and patterns of "national inspection-free products" shall not be used on the product packaging and publicity pages;

4. Words that are confused with drugs shall not be used, and the best effects of food shall not be directly or indirectly promoted, such as diseases have preventive and advanced effects, "lower blood pressure and cholesterol", and radiation hazards have a protective effect, as well as prescription compounds, anti-inflammatory, anti-inflammatory, anti-inflammatory, draining, removing stasis, cough, detoxification, curative effect, prevention and treatment, cancer prevention, anti-cancer, tumor, heightening, nootropics, names of various diseases, etc., which express or imply that have the best effect;

5. Do not use false words such as ancestral and secret;

6. Exaggerated words such as powerful, special effect, full effect, strong effect, miraculous effect, high efficiency, quick effect, and divine effect;

7. Vulgar or feudal superstitious words such as gods and immortals;

8. Advertisements for health foods shall prominently indicate that "this product cannot replace medicine".

Legal basis: Article 55 of the "Advertising Law of the People's Republic of China" violates the provisions of this law by publishing false advertisements, the administrative department for industry and commerce is to order the publication of the advertisement to be stopped, order the advertiser 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 obviously 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.

Legal Analysis: The departments for market regulation are to order that the publication of advertisements be stopped, and impose a fine of between 200,000 and 1,000,000 RMB on advertisers, and where the circumstances are serious, business licenses may be revoked, and the advertising review organs are to revoke the advertising review approval documents, and not accept their application for advertising review for one year; The departments for market regulation are to confiscate advertising fees and give a fine of between 200,000 and 1,000,000 RMB for advertising agents and advertisement publishers, and where the circumstances are serious, may revoke business licenses.

Legal basis: "Advertising Law of the People's Republic of China" Article 57: Where any of the following conduct is exhibited, the departments for market regulation are to order that the publication of advertisements be stopped, and give advertisers a fine of between 200,000 and 1,000,000 RMB, and where the circumstances are serious, they may revoke business licenses, and the advertising review organs are to revoke the advertising review approval documents and not accept their application for advertising review for one year; The departments for market regulation are to confiscate advertising fees and give a fine of between 200,000 and 1,000,000 RMB to advertising agents and advertisement publishers, and where the circumstances are serious, may revoke business licenses: (1) Publishing advertisements with the prohibited circumstances provided for in articles 9 and 10 of this Law; 2) Violating the provisions of Article 15 of this Law by publishing advertisements for prescription drugs, pharmaceutical precursor chemicals, medical devices and methods for drug rehabilitation; 3) Violating the provisions of article 20 of this Law by publishing advertisements for infant dairy products, beverages, and other foods that claim to replace breast milk in whole or in part; 4) Publishing tobacco advertisements in violation of article 22 of this Law; 5) Violating the provisions of article 37 of this Law by using advertisements to promote products or services that are prohibited from being produced or sold, or goods or services that are prohibited from being advertised; 6) Violating the provisions of paragraph 1 of article 40 of this Law by publishing advertisements for medical treatment, medicines, health foods, medical devices, cosmetics, alcohol, or beauty in mass media aimed at minors, as well as advertisements for online games that are not conducive to minors' physical and psychological health.

Yes. In accordance with 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 administrative departments for industry and commerce 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 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 a medical institution commits an illegal act provided for in the preceding paragraph, and the circumstances are serious, the administrative department for health may revoke the diagnosis and treatment subjects or revoke the medical institution's practice license, in addition to being punished by the administrative department for industry and commerce in accordance with this Law.

Where advertising agents or advertisement publishers clearly know or should know that advertisements are false, but still design, produce, or publish them, the administrative departments for industry and commerce 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.

There is a real penalty of 20w for the use of prohibited words in the advertising law, which is indeed true. A friend used a prohibited word in the advertising law and was fined 20w, but it is actually determined by the degree of influence, or don't use it, I hope it can help you.