The legality and truthfulness of food advertisements are of great significance to the protection of consumers' right to know and right to choose. Article 73 of the newly revised Food Safety Law states: "The content of food advertisements shall be true and lawful, and shall not contain false content, or involve disease prevention or therapeutic functions. Food production operators are responsible for the authenticity and legality of the content of food advertising.
The food and drug supervision and management departments of the people's governments at or above the county level and other relevant departments, as well as food inspection agencies, food industry associations shall not recommend food to consumers in the form of advertisements or other forms. Consumer organizations shall not recommend food to consumers by charging fees or other means of gaining profit." The understanding of the above food advertising management system needs to be taken into account with the relevant provisions of the new Advertising Law, which was enacted on April 24, 2015, the same day as the newly revised Food Safety Law.
(i) General provisions of the Advertising Law on food advertising. First, the meaning of advertising-related concepts. Advertising, refers to the commodity operators or service providers through a certain medium and form of direct or indirect introduction of their own marketing of goods or services provided by the commercial activities. Advertiser, refers to the promotion of goods or services, or commissioned others to design, produce, publish advertisements of natural persons, legal persons or other organizations.
Advertisers are natural persons, legal persons or other organizations commissioned to provide advertising design, production and agency services. Advertising publisher, refers to the advertiser or advertiser commissioned by the advertiser to publish advertising natural person, legal person or other organization. Advertising spokesman, refers to the advertiser other than, in the advertisement in their own name or image of the goods, services, recommendation, proof of natural persons, legal persons or other organizations.
The second is that advertising should be true. Advertisements should be true, legal, shall not contain false content, shall not deceive and mislead consumers. The advertiser shall be responsible for the authenticity of the content of the advertisement. Third, the meaning and scope of false advertising. Advertising with false or misleading content to deceive and mislead consumers, constitute false advertising.
The following advertisements are false advertisements: (1) the goods or services do not exist; (2) the performance, function, origin, use, quality, specifications, composition, price, producer, expiration date, sales status, and honors of the goods, or the content, provider, form, quality, price, sales status, and honors of the services, as well as promises and other information about the goods or services are different from the actual situation. Promises and other inconsistent with the actual situation, have a substantial impact on the purchase behavior; (3) the use of fictitious, forged or unverifiable scientific research results, statistics, survey results, abstracts, quotes and other information as evidence; (4) fictional use of the goods or services to receive the effect; (5) false or misleading content to deceive and mislead consumers in other cases.
Fourth, food advertising shall not involve disease treatment function, shall not use the medical terminology or easy to make the promotion of food and drugs mixed with the terminology. (B) health food advertising review. Release of health food advertisements should be published in accordance with relevant laws and administrative regulations by the relevant departments of the advertising content of the review _; without the review _, shall not be published.
Advertisers applying for advertising review, shall in accordance with laws and administrative regulations to the advertising review authority to submit relevant documents. The advertisement reviewing authority shall, in accordance with the provisions of laws and administrative regulations, make a decision on the review, and will be approved by the review _ documents sent to the administrative department for industry and commerce at the same level. The advertising review body shall promptly publicize the approved advertisements to the community.
No unit or individual shall forge, alter or transfer the advertising review and approval documents. (C) Special Provisions on Liquor Advertisements. Alcohol advertisements shall not contain: (1) induce or encourage the consumption of alcohol or publicize the uncontrolled consumption of alcohol; (2) show the action of drinking; (3) show activities such as driving a car, boat or airplane; (4) expressly or impliedly indicate that the consumption of alcohol has the efficacy of eliminating nervousness and anxiety, increasing physical strength and so on.
No health food or alcohol advertisements shall be published in mass media targeting minors. (D) the administrative legal responsibility of illegal food advertising. (1) Administrative liability for false food advertising. If a false advertisement is published in violation of the law, the administrative department for industry and commerce shall order the publication of the advertisement to be stopped, order the advertiser to eliminate the influence within the corresponding scope, and impose a fine of more than three times the cost of the advertisement and less than five times the cost of the advertisement, and if the cost of the advertisement is incalculable or obviously low, impose a fine of more than two hundred thousand yuan and less than one million yuan; if there are more than three violations within two years or there are other serious circumstances, impose a fine of more than five times the cost of the advertisement and less than ten times the cost of the advertisement. Fines, advertising costs can not be calculated or obviously low, a fine of more than one million yuan or less than two million yuan, you can revoke the business license, and by the advertisement review authority to revoke the approval of the advertisement review documents, within one year will not be accepted within the advertisement review application.
(2) food-related illegal advertising food false advertising administrative legal responsibility. The Advertising Law clearly stipulates that illegal publication of infant milk products, beverages and other food advertisements claiming to replace breastmilk in whole or in part, and illegal publication of health food and alcohol advertisements on mass media targeting minors, the administrative department for industry and commerce shall order the publication of advertisements to stop, and the advertiser shall be subject to a fine of not less than two hundred thousand yuan and not more than one million yuan, and, if the circumstances are serious, the business license may also be revoked, and the advertising The review authority to revoke the advertising review and approval documents, within one year will not accept its advertising review _ application; advertising operators, advertising publishers, by the administration for industry and commerce confiscate the advertising costs, impose a fine of two hundred thousand yuan or more than one million yuan or less, the circumstances are serious, and can be revoked business license, revocation of the advertisement release registration documents.
(v) The relevant provisions of the newly amended Food Safety Law on advertising. Regarding the supervision and management of food advertisements and legal responsibility, the newly amended Food Safety Law is consistent with the Advertising Law, and mainly emphasizes the following three aspects: First, the contents of food advertisements should be true and lawful, and should not contain false content, or relate to the prevention of disease or therapeutic functions.
Food manufacturers and operators are responsible for the truthfulness and legality of the content of food advertisements. Second, the food and drug supervision and management departments of the people's governments at or above the county level and other relevant departments, as well as food inspection agencies, food industry associations shall not advertise or other forms of food recommendations to consumers. Consumer organizations shall not charge fees or other ways to gain profit to consumers recommend food.
Third, the food safety law provides for advertising violations of legal responsibility: (1) violation of the provisions of the food safety law, in the advertisement of food for false propaganda, deception of consumers, or released without obtaining the approval of the documents, the content of the advertisement and the approval of the documents are inconsistent with the advertisements of health food, in accordance with the "People's Republic of China *** and the State Advertisement Law" shall be punished.
(2) Advertising operators and publishers who design, produce or publish false food advertisements so that the legitimate rights and interests of consumers are harmed shall be jointly and severally liable with the food production operator. (3) social groups or other organizations, individuals in false advertising or other false propaganda to recommend food to consumers, so that the legitimate rights and interests of consumers are harmed, shall bear joint liability with the food production and operation.
In addition, the newly amended Food Safety Law also emphasizes four aspects: First, the review of health food advertising licensing and regulatory requirements. Health food advertising should declare that "this product can not replace the drug"; its content should also be by the production enterprise where the provincial, autonomous regions, municipalities directly under the Central People's Government food and drug supervision and management departments for examination and approval, to obtain health food advertising approval documents.
Provinces, autonomous regions, municipalities directly under the Central People's Government Food and Drug Administration should be published and updated in a timely manner has been approved by the health food advertising directory and approved advertising content. Second, special medical use formula food advertising requirements. Article 80, paragraph 2 of the Food Safety Law provides: "Special medical use formula food advertising applicable to the Chinese People's Republic of China *** and the State Advertising Law and other laws and administrative regulations on the management of drug advertising.
"The new advertising law on drug advertising includes: (1) special drugs shall not be advertised. The first paragraph of Article 15 of the Advertising Law stipulates that special medicines such as narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, and drug-type easy-to-control poisonous chemicals, as well as medicines, medical devices and treatments for drug rehabilitation treatment, shall not be advertised.
(2) Prescription drugs can only be introduced in medical and pharmacological professional publications. Special drugs other than prescription drugs, only in the State Council administrative department of health and the State Council drug supervision and management department **** with the designated medical and pharmacological professional publications. (3) drug advertisements shall not contain: the efficacy, safety assertions or guarantees; curing rate or effective rate; the efficacy and safety of other medicines or other medical institutions to compare; the use of advertising spokespersons for the recommendation, proof; laws and administrative regulations prohibit other content.
The content of drug advertisements shall not be inconsistent with the instructions approved by the State Council Drug Administration, and shall be significantly labeled contraindications, adverse reactions. (4) prescription drug advertisements should be conspicuously marked "this advertisement is only for medical and pharmaceutical professionals to read", non-prescription drug advertisements should be conspicuously marked "please follow the instructions or under the guidance of a pharmacist to purchase and use".
(5) Radio and television stations, newspapers, audiovisual publishing units, Internet information service providers shall not be introduced in the form of health, health care knowledge disguised as drug advertisements. (6)Drug advertisements shall not be published in mass media targeting minors. (7) Examination of drug advertisements. Drug advertisements shall be published in accordance with the relevant laws and administrative regulations by the relevant departments to review the content of the advertisement before publication; without review, shall not be published.
Advertisers applying for advertising review, shall in accordance with relevant laws and administrative regulations to submit relevant documents to the advertising review authority. The advertisement reviewing authority shall, in accordance with the provisions of laws and administrative regulations, make a decision on the review, and send the review and approval of documents to the administrative department for industry and commerce at the same level. The advertisement examination authority shall promptly publicize the approved advertisements to the society.
No unit or individual shall not forge, alter or transfer the advertising review and approval documents. Third, the administrative punishment of advertising spokesman. In violation of the provisions of the Food Safety Law, food and drug supervision and management and other departments, food inspection agencies, food industry associations, consumer associations to advertisements or other forms of recommending food to consumers, the competent authorities confiscate the illegal income, according to the law on the directly responsible supervisory personnel and other personnel directly responsible for the major demerits, demotion or dismissal of punishment; the circumstances of the seriousness of the situation, to be given to the dismissal of punishment.
Fourth, the food and drug regulatory authorities on the illegal food production and operation of false advertisements issued by the market control and administrative punishment duties.
False advertising of food and the circumstances are serious, the food and drug supervision and management department of the people's government at or above the provincial level decides to suspend the sale of the food and publicize it to the community; if the food is still on sale, the food and drug supervision and management department of the people's government at or above the county level will confiscate the illegal income and the illegal sale of food and impose a fine of more than 20,000 yuan and less than 50,000 yuan.
A suitable advertising space
Food is usually for the public, so when choosing the advertising space, advertisers can choose the page ads in the video playback box, this ad space is the prime position of Youku ads, which can achieve the ad exposure rate that advertisers want, and here the ads are paid according to the pay-per-click, so advertisers can bring the actual effect of each point of the investment.
Kauai's ad is also on the video page, and it really attracts people's attention!
Second, advertising material production
Advertising material production can directly show the temptation of food, but must show the characteristics of the advertisement, for example, Kauai, the use of women like animated characters endorsement, the real capture a large number of fans to buy.
Three, advertising cross-screen integration
Advertisers can choose to crowd targeting, you can also choose to device targeting, to achieve PC, mobile and PAD multi-screen advertising display. This not only effectively ensures the exposure rate of advertisements, but also effectively realizes the intelligent placement of advertisements.
We can see all kinds of food advertisements every time we watch a video, just at this moment when I opened the Youku video, I saw the advertisement of Cuteo, which was nothing, but when I saw that the spokesman of Cuteo was a favorite fictional character, I immediately decided to buy Cuteo!
Food category in Youku advertising and promotion, how to do the effect is good? Here we come together to explore.
One, the appropriate advertising
Food is usually for the public, so in the choice of advertising space, advertisers can choose the video playback box within the page ads, this advertising space is the Youku ads of the prime position, you can achieve the ads advertisers want to exposure rate, and the ads here in accordance with the pay-per-click, the advertisers of each point of the investment can bring about practical results.
Kauai's ad is also on the video page, and it really attracts people's attention!
Second, advertising material production
Advertising material production can directly show the temptation of food, but must show the characteristics of the advertisement, for example, Kauai, the use of women like animated characters endorsement, the real capture a large number of fans to buy.
Three, advertising cross-screen integration
Advertisers can choose to crowd targeting, you can also choose to device targeting, to achieve PC, mobile and PAD multi-screen advertising display. This not only effectively ensures the exposure rate of advertisements, but also effectively realizes the intelligent placement of advertisements.