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Fengtai Branch of Beijing Administration for Industry and Commerce
Administrative penalty decision
Gong Jing Ye Feng Zi Chu (20 15) No.423
Party A: Beijing Zhongke Hui Ze Sugar Bioengineering Technology Co., Ltd.
Address: Room 8 1 8, Floor 2, Building1Nanfangzhuang Hospital, Fengtai District, Beijing.
Registration telephone number:11kloc-0/02007070922.
Legal Representative: Liu Lei.
According to the investigation, from August 3rd, 2065438 to May 9th, 2065438 +04, the parties concerned used their own websites to promote enterprises and their products in www.guatang.com. The content of the publicity is: "... Zhongke Hui Ze is a large-scale high-tech modern enterprise group with diversified development of health products and old-age services ..." "Since its establishment, the company has taken it as its responsibility to improve and improve the national health and disease prevention level, adhered to the road of combining Industry-University-Research, and formed strategic partnerships with famous scientific research institutions such as Dalian Institute of Chemical Physics of Chinese Academy of Sciences and Qingdao Ocean University, built a number of Industry-University-Research cooperation and exchange platforms, and developed a series of high-tech products with strong scientific research background." , "former vice minister of the Ministry of Civil Affairs, … Zhang", "former vice minister of the Ministry of Health, … Yin Dakui, former vice minister of the Ministry of Health, … Zhang Fenglou and other leaders have come to the company to guide the work" and so on. Upon verification, the party concerned is a limited liability company (invested or controlled by a natural person) approved for registration on June 2, 2004, not an "enterprise group", and the party concerned has made false propaganda on the nature of the enterprise. No strategic partnership agreement has been signed with famous scientific research institutions such as Dalian Institute of Chemistry, Chinese Academy of Sciences and Qingdao Ocean University, which is inconsistent with the facts. At the same time, the parties used the name of the staff of state organs in the above publicity.
It is also found that from June 20 13 to April 20 14, the function of Olkin chitosan capsule was publicized as follows in the brochure "Olkin and Human Health" issued by the client under the title that Olkin chitosan is suitable for people: "Adjust immunity, adjust the pH of body fluids; Inhibit the activity of cancer cells and prevent division, diffusion and metastasis; Regulating blood lipid; Lowering blood pressure; Lowering blood sugar; Enhance liver function and effectively prevent fatty liver and alcoholic liver injury; Prevention and treatment of osteoarthropathy; Proliferation of intestinal beneficial bacteria and improvement of gastrointestinal function; Regulating endocrine; Radiation resistance; Eliminate heavy metals. " Eight consumers, including Liu, Liang Shixing, Song Shuqing, Ren Yashan, Ye, Gao Jigui, and Xia Decai, publicized the therapeutic effect of Olic Mountain Capsule in the name of "chitosan oligosaccharide". Upon verification, the Olic Mountain Capsule sold by the client is a health food with the approval number of "Wei Shi Jian Zi (200 1) No.0039", and its health function is "immunomodulation", so it has no therapeutic effect. Eight consumers, including Liu, Liang Shixing, Song Shuqing, Ren Yashan, Ye, Gao Jigui, Xia Decai, got better or disappeared after taking Ollie Lishan Capsule, and there were no relevant medical records or other supporting documents.
The above illegal facts are supported by the statements of the parties, documentary evidence, on-site inspection records and other evidence.
The above-mentioned behavior of the parties (false propaganda) violates the provisions of the first paragraph of Article 9 of the Anti-Unfair Competition Law of People's Republic of China (PRC), and belongs to the misleading false propaganda behavior of operators using advertisements. According to the provisions of Article 24 of the Anti-Unfair Competition Law of People's Republic of China (PRC), the parties concerned are ordered to stop the illegal behavior and eliminate the impact, and the following administrative penalties are given: a fine of 20,000 yuan;
The above-mentioned behavior of the parties (using food advertisements to directly or indirectly publicize the efficacy of their products) violates the provisions of Article 7 of the Interim Provisions on the Release of Food Advertisements, and belongs to the behavior of operators to directly or indirectly publicize the efficacy; The above-mentioned behavior of the parties (using the consumer's name as proof in food advertisements) violates the provisions of Article 9 of the Interim Provisions on the Publication of Food Advertisements. According to Article 15 of the Interim Provisions on the Publication of Food Advertisements, the two illegal acts mentioned above shall be ordered to stop publication, and the following administrative penalties shall be imposed: a fine of 1 10,000 yuan;
The above-mentioned behavior of the parties (using the name of state functionaries in advertisements) violates the provisions of Item (2) of Paragraph 2 of Article 7 of People's Republic of China (PRC) Advertising Law, and according to the provisions of Article 39 of People's Republic of China (PRC) Advertising Law, the parties are ordered to stop publishing and make public corrections.
2065438+On June 5, 2005, our bureau delivered the Notice of Administrative Punishment to the parties, but the parties failed to make statements or defenses within the prescribed time limit.
If the party concerned fails to pay the fine to the nearest bank within 15 days from the date of receiving this penalty decision, our bureau will impose a late payment fee of 3% of the fine on a daily basis according to the provisions of Items (1) and (3) of Article 51 of the Administrative Punishment Law of the People's Republic of China, and apply to the people's court for compulsory execution.
If you refuse to accept this punishment decision, you may apply for reconsideration to Beijing Administration for Industry and Commerce or Fengtai District People's Government within 60 days from the date of receiving this punishment decision; You can also bring an administrative lawsuit to Fengtai District People's Court within 6 months from the date of receiving this penalty decision.
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Ji 'nan Administration for Industry and Commerce
Administrative penalty decision
Hebei Industry and Commerce Chu Guangzi [20 15] 120026
Party: Jinan Radio and Television Station
Address: No.32 Jingshiyi Road, Jinan
Legal Representative: Zhang Feng.
Purpose and business scope: publicize the party's line, principles and policies, correctly grasp the direction of public opinion, do a good job in the infrastructure construction of radio and television stations, and use radio and television stations to do a good job in publicity and education; Using cable radio and television network to transmit radio and television programs to provide users with quality services; Participate in the planning and management of broadband information network in our city, and be responsible for the construction, multi-functional development and operation of broadband integrated services.
According to the monitoring of the advertising monitoring platform of the State Administration for Industry and Commerce, the advertisement of "Da-Rae Kim Ginkgo and Salvia Miltiorrhiza Chitosan Oligosaccharide Capsule" published by Jinan TV Entertainment Channel and Life Channel on February 20th 1 4 to165438+20 violated the provisions of relevant laws and regulations. After investigation, the advertisement of "Da-Rae Kim Ginkgo and Salvia Oligosaccharide Capsule" broadcast by the parties on the entertainment channel and life channel of Jinan TV Station from 20 14 to 12, with the content that "Da-Rae Kim Ginkgo and Salvia Oligosaccharide Capsule" is a health food, violated the Advertising Law of People's Republic of China (PRC). The advertising fee is 3920 yuan.
The main evidences are:
Evidence 1: transcript of inquiry (investigation) authorized by Jinan Radio and Television Station 1 copy, which proves the fact that the client released the advertisement of "Da-Rae Kim Ginkgo and Salvia Miltiorrhiza Chitosan Oligosaccharide Capsule" and the related advertising expenses.
Evidence 2: A copy of the Certificate of Legal Person of Public Institution, a copy of the ID card of its authorized client, and a power of attorney, each 1 copy, which prove the unit registration of the parties and the identity of the client.
Evidence 3: 1 Played the audio file of the advertisement "Da-Rae Kim Ginkgo and Salvia Miltiorrhiza Chitosan Oligosaccharide Capsule" released by the party concerned, and the excerpts of the broadcast content were signed by the client of the party concerned, which proved the fact that the party concerned published the above illegal advertisement.
Evidence 4: invoice 1 copy, advertising contract 1 copy, and advertisement description of Da-Rae Kim Ginkgo and Danshen chitosan oligosaccharide capsules 1 copy, which prove the specific situation of illegal advertisements.
The above evidence and transcripts shall be signed (sealed) by the parties and the evidence providers.
On April 24th, 20 15, after the investigation of this case ended, the Japanese Bureau directly served the parties with the notice of administrative punishmentNo. [20 15] 120026 of Jinan Administration for Industry and Commerce, informing them of the facts, reasons, basis and punishment contents of the proposed administrative punishment. The party concerned fails to make a statement or defense to the bureau within three working days after receiving the notice.
The Bureau believes that the advertisement of "Da-Rae Kim Ginkgo and Salvia Miltiorrhiza Chitosan Oligosaccharide Capsules" broadcast by the parties in the entertainment channel and life channel of Jinan TV station violates the provisions of Article 19 of the Advertising Law of People's Republic of China (PRC) that "the contents of advertisements for food, alcohol and cosmetics must meet the hygiene license, and medical terms or terms easily confused with drugs shall not be used", which constitutes the act of publishing illegal health food advertisements.
According to Article 41 of the Advertising Law of People's Republic of China (PRC), those who publish advertisements for drugs, medical devices, pesticides, food, alcohol and cosmetics in violation of the provisions of Articles 14 to 17 and 19 of this Law, or those who publish advertisements in violation of the provisions of Article 31 of this Law, the advertising supervision and administration department shall order the responsible advertisers, advertising agents and publishers to correct or stop publishing, confiscate the advertising expenses and may concurrently impose. If the circumstances are serious, the advertising business shall be stopped according to law, and the parties concerned shall be ordered to stop publishing the health food advertisement of "Da-Rae Kim Ginkgo and Salvia Miltiorrhiza Chitosan Oligosaccharide Capsule". The punishment is as follows: 1, and the advertising fee shall be confiscated by 3,920 yuan; 2, a fine of 3920 yuan, turned over to the state treasury.
The parties concerned shall perform the penalty within 15 days from the date of receiving this penalty decision, and pay the fine to the bank collection outlets in Jinan city. If the fine is not paid within the time limit, a fine of 3% of the fine amount will be added every day.
If a party refuses to accept this punishment decision, he may apply for reconsideration to Shandong Administration for Industry and Commerce or the Administrative Reconsideration Office of Jinan Municipal People's Government within 60 days after receiving this punishment decision, or bring a lawsuit to Jinan Central People's Court within 15 days.
If it fails to apply for administrative reconsideration or bring an administrative lawsuit within the time limit and fails to perform the punishment decision of this Council, this Council will apply to the people's court for compulsory execution according to law.
This decision shall take legal effect when it is served on the parties concerned.
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Xinhuanet Chongqing 65438+February 14 (Jiang Tao) Recently, the Industrial and Commercial Branch of Yuzhong Bureau seized a false propaganda case of health care products worth 6.5438+0.5 million yuan.
It is reported that Yuzhong District Industrial and Commercial Branch received a report from Jiaochangkou that someone illegally gathered elderly people to sell drugs in Chunyangdong. After receiving the report, the law enforcement officers of the institute quickly sent personnel to Chunyangdong 14 Chongqing Jialide Health Food Co., Ltd. for inspection. Law enforcement officers found in a conference room of the company that 30 elderly people were attending the "20 1 1 Large Thanksgiving Gala of Jialide Company", and a sales commentator organized and watched a health promotion film, while explaining the medicinal effects of "Huogushu" capsules and "Jinxinshu" chitosan oligosaccharide, as well as sales staff selling drugs to the elderly on the spot.
Law enforcement officers found that the publicity materials of "Jin Shuxin" chitosan oligosaccharide read: "Taking Jin Shuxin capsule can significantly reduce blood sugar level; Blood pressure, blood lipid and blood viscosity returned to normal; The volume of tumor tissue decreased and the small lump gradually disappeared. Its "Huogushu" capsule health care products are also suspected of false propaganda and fraudulent use of batch numbers. Law enforcement officers temporarily detained health food suspected of false propaganda on the spot, totaling 2 15 boxes, with a value of10.5 million yuan. At present, the case is under further investigation. Source Xinhuanet)
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On the afternoon of May 6th, 20 16, law enforcement officers of Huinong Branch of Shizuishan Administration for Industry and Commerce inspected Desheng Health Food Distribution Department in the southeast corner of Jing 'an Market in Huinong District, and found that the distribution department was suspected of publicizing health care functions such as treating stroke and hemiplegia and preventing cancer to consumers by playing audio-visual health lectures, which was suspected of violating Article 9 of People's Republic of China (PRC) Anti-Unfair Competition Law. With the approval, the sub-bureau filed an investigation on May16,2065438.
It is found that on May 6, 2006, 2065438, law enforcement officers of Huinong Branch of Shizuishan Administration for Industry and Commerce inspected the store according to law and found that the computer was playing an audio-visual health lecture promoting chitosan oligosaccharide capsules, and extracted 1 red U disk from the external storage of the audio-visual health lecture promoting chitosan oligosaccharide capsules played at that time. In the lecture, the speaker claimed to be Li Bin and told the story of his second mother's stroke and hemiplegia. After taking chitosan oligosaccharide capsules for 3 18 days, she stood up and cured her relatives. And preach the role of chitosan oligosaccharide capsule in repairing cells and nerves, inhibiting cancer cells, curing early breast cancer and cancer nemesis, and staying away from cancer. Among the 28 health care products approved by the Ministry of Health, there is no health care function of inhibiting cancer. Article 4 (4) of the Measures for the Administration of Health Foods stipulates that "the labels, instructions and advertisements of health foods shall not publicize the curative effect." ; Article 23 of this method stipulates that "the labels, instructions and advertising contents of health food must be true and meet the quality requirements of its products, and there must be no propaganda suggesting that diseases can be cured." . During the operation, the parties actively cooperated with the public security department to return the goods for consumers, and the goods have been returned.