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jimu news reporter zhang hao

on september 9, wang hai, a professional counterfeiter, released a video saying that the company that sold fake beef rolls promoted by "crazy brother yang" had been fined 500,000 yuan, and that 42,000 consumers had been deceived. the company needed to pay 42 million yuan in compensation to consumers.

(source: poster news)

the relevant "administrative penalty decision" shows that xian duoyu signed an online promotion service contract with three sheep on november 24 last year, allowing three sheep's anchor "crazy little yang ge" (zhang qingyang) to promote "xian duoyu australian grain-fed beef roll 4 jin" from november 25 to february 20, 2024, with a unit price of 89.9 yuan.

the risk information on tianyancha app shows that in july this year, the "xian duo yu" company promoted by "crazy brother yang" was fined 500,000 yuan by the market supervision department for false advertising.

on the afternoon of the 9th, zhengzheng news asked the market supervision and administration bureau in the area involved about the matter, and the staff said that the 500,000 yuan fine on "xian duo yu" was true. as for whether the three sheep were punished, the staff said that the three sheep were not in the jurisdiction and had no power to punish, and they were not clear about the punishment.

three sheep is an enterprise in hefei, anhui province. staff of the local market supervision and administration bureau said that it is not clear whether three sheep has been punished for its fake original cut beef rolls sold by xian duo yu.

some netizens said they just got a refund for their meicai kourou meal

previously, cctv's 3.15 exposed the "caotourou incident" of anhui's meicaikourou. the three companies involved had their production licenses revoked and were fined 12.87 million yuan. "crazy xiao yangge" once promoted products for one of the companies.

to this end, on september 5, simba, the top anchor who brought goods, posted a screenshot of the electronic receipt of the online bank for the transfer of 100 million yuan, saying that he had called the assistant of xinxuan and decided to give three sheep a week. if three sheep still did not treat consumers after a week, it would start to compensate for some products of three sheep consumers and provide after-sales services until the compensation of 100 million is completed. he hopes that through this incident, it will alert people to how live broadcasts should be done and how they should treat traffic fans. regardless of the sales channel, consumers should be treated as human beings!

(source: poster news)

in response, lu wenqing, co-founder of three sheep, said that simba has no bottom line in order to gain traffic. as for the quality and after-sales issues of meicaikourou and other products, the company has not received any punishment from any relevant department for the incident. "after the incident, before the investigation results came out, the company actively responded and made refunds, including but not limited to refunding one and compensating three."

recently, many netizens reported that they had received a refund for the pork with preserved vegetables that they had purchased in xiao yangge's live broadcast room. however, according to the communication records with customer service posted by netizens, this was not a "refund one and compensate three", but only a refund of the original price of the pork with preserved vegetables that netizens had purchased.

(source: elephant news)

lawyers say sellers should be responsible for the authenticity of advertisements

previously, staff from the hefei high-tech zone market supervision and administration bureau explained that the main reason three sheep was not punished was that the company was neither the producer nor the seller of the problematic meicai kourou. three sheep was only an advertiser, and there is currently no evidence showing that funds flowed to three sheep.

according to relevant laws and regulations, consumers of the "caotourou incident" can only demand compensation from the sellers and producers. therefore, the only responsibility can be held accountable to the advertising of three sheep, but the fact that three sheep engaged in false advertising has not been discovered. "we are still collecting evidence. if we can prove that the recipient of the payment is three sheep, we will hold three sheep accountable," said the above staff member.

fu jian, a well-known criminal defense lawyer and director of henan zejin law firm, believes that live streamers also need to bear certain advertising responsibilities. if three sheep company did not fully verify the products when signing the contract, then three sheep company must bear the corresponding responsibilities. according to the relevant provisions of my country's advertising law, if advertising operators or publishers publish false advertisements, the market supervision and management department shall order them to stop publishing advertisements, order the advertisers to eliminate the impact within the corresponding scope, and impose administrative penalties such as fines.

fu jian also believes that existing laws and regulations may lag behind in dealing with new e-commerce models such as live streaming, causing regulatory authorities to face some legal gaps or gray areas in the process of law enforcement. in the case that the regulatory problem has not been completely solved, consumers should think rationally when purchasing live streaming products and be wary of false propaganda and exaggerated marketing methods. once it is discovered that the purchased goods have quality problems or false propaganda, first of all, the live streaming platform can be required to punish the anchor involved, remove related videos, control video traffic, and restrict the delivery of goods; secondly, promptly report to relevant departments such as market supervision, consumer protection associations, and mayor hotlines to safeguard their own legitimate rights and interests.

(source: jimu news)

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