Legal analysis: after the implementation of the new advertising law, the penalty for extreme phrases was changed from a refund of one to a fine of 200,000 yuan. The new advertising law stipulates that minors under the age of ten shall not be utilized as advertising spokespersons. Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and no advertisements shall be published or disguised as advertisements using teaching materials, teaching aids, exercise books, stationery, teaching aids, school uniforms and school buses for primary and secondary school pupils and young children, with the exception of public welfare advertisements. Advertisements for medical treatment, medicines, health food, medical devices, cosmetics, alcohol and beauty care, as well as advertisements for online games that are not conducive to the physical and mental health of minors, shall not be published in mass media targeting minors. Advertisements of goods or services for minors under the age of 14 shall not contain content that: (a) persuades them to ask their parents to buy the advertised goods or services; (b) may cause them to imitate unsafe behavior. One of the following acts, the administrative department for industry and commerce shall order to stop publishing advertisements, the advertiser shall be fined more than 200,000 yuan and less than one million yuan, and if the circumstances are serious, the business license may be revoked, and the advertisement reviewing authority shall revoke the approval document for advertisement review and shall not accept the application for advertisement review within one year; for the advertisement operator and the advertisement publisher, the administrative department for industry and commerce shall confiscate the cost of the advertisement, and shall be fined 200,000 yuan and less than one million yuan, and the advertiser shall be fined more than one million yuan. Above one million yuan fine, the circumstances are serious, and may revoke the business license, revocation of registration documents for advertising: (6) violation of the provisions of paragraph 1 of Article 40 of this Law, in the mass media for minors published medical, pharmaceuticals, health food, medical equipment, cosmetics, alcohol, beauty advertisements, as well as advertisements for minors not conducive to the physical and mental health of online games.
Legal Basis: The Advertising Law of the People's Republic of China
Article 12: Where an advertisement involves a patented product or a patented method, the patent number and the type of patent shall be indicated. If a patent has not been granted, it shall not be falsely claimed in the advertisement that the patent has been granted. It is prohibited to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalidated for advertisements.
Article 59 If any of the following acts is committed, the market supervision and management department shall order the publication of advertisements to be stopped, and the advertiser shall be fined not more than 100,000 yuan: (1) the content of the advertisement is in violation of the provisions of Article 8 of this Law; (2) the content of the advertisement citation is in violation of the provisions of Article 11 of this Law; (3) advertisements relating to patents are in violation of the provisions of Article 12 of this Law; (4) advertisements are in violation of the provisions of Article 13 of this Law; (5) advertisements are in violation of Article 13 of this Law, and the advertisement is in violation of the provisions of this Law. disparages the goods or services of other producers and operators. Where an advertising operator or an advertising publisher designs, produces, represents or publishes an advertisement knowing or should have known that there is a violation of the provisions of the preceding paragraph, the market supervision and management department shall impose a fine of not more than 100,000 yuan. Advertisements in violation of the provisions of Article 14 of this Law, not recognizable, or in violation of the provisions of Article 19 of this Law, disguised as the release of medical, pharmaceutical, medical device, health food advertisements, the market supervision and management department ordered to rectify the situation, and the publisher of the advertisements shall be fined not more than 100,000 yuan.