the "hong kong meicheng mooncakes" that sold well in xiao yangge's live broadcast room are no longer available in hong kong? the product has been removed from the shelves, and the authorities are investigating
2024-09-15
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on september 15, topics such as #tiktok customer service said it will verify the meicheng mooncake incident# #three sheep removed meicheng mooncakes from the window# #the regulatory bureau has intervened in xiao yangge’s meicheng mooncake incident# dominated the hot search list.
according to the new yellow river, "three sheep" has been at the center of controversy again recently. on the eve of the mid-autumn festival, the "hong kong big brand meicheng mooncakes" that were promoted in their live broadcast room sparked heated discussions because they resembled the well-known hong kong brand maxim's mooncakes. although meicheng mooncakes claims to be a hong kong brand, it has no stores in hong kong. the actual operator is a guangzhou company, and its sales volume is huge. as public opinion fermented, many details such as the origin and quality of meicheng mooncakes were questioned one after another.
many agents and netizens said that meicheng mooncakes has no stores in hong kong. some netizens also posted the origin information of the mooncakes they bought, which were basically from guangzhou and foshan.
▲ screenshot of the live broadcast room
many netizens questioned the suspected false advertising of the mooncakes and said that their applications for returns were rejected. in response, meicheng mooncakes customer service said, "mooncakes belong to the category of seasonal special foods. we are very sorry to inform you that this product does not support 7-day unconditional return and exchange service."
according to red star news,on september 14, the guangzhou huadu district market supervision administration and the douyin platform intervened in the investigation.some lawyers pointed out that if the false advertising allegations are proven, the seller and blogger will face administrative penalties.
according to media reports, on the evening of september 14, the live broadcast room of "three sheep" stopped selling meicheng mooncakes. faced with the overwhelming criticism, the anchor closed the comments. at 21:00, the reporter noticed that the douyin live broadcast room of "crazy little yangdi" removed the display of meicheng mooncakes, and the same mooncakes were also removed from the product window.
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netizens said their applications for returns were rejected
brother yang responded: the company has three after-sales
the reporter noticed that when xiao yang was promoting the product in the live broadcast room, he said that this mooncake had sold more than 1 million orders. it was a high-end mooncake made by meicheng in hong kong, which contained black truffles and was prepared by a michelin master. afterwards, many netizens left messages saying that they had never heard of "hong kong meicheng". some netizens checked on mainstream online shopping platforms such as hktvmall in hong kong and found that meicheng mooncakes were not sold on mainstream websites in hong kong. only well-known hong kong mooncake brands such as maxim's appeared on the search page.
according to feigua data, "three sheep online exquisite life" and "three sheep online full moon mid-autumn festival" have promoted meicheng mooncakes many times. in addition, in the past 30 days, crazy xiao yangge's live broadcast room has promoted the brand's mooncake gift boxes three times, and the brand's sales on douyin in the past 30 days have exceeded 50 million yuan.
▲webpage screenshot
the product information of meicheng mooncakes posted by netizens shows that the product is printed with the words "hong kong meicheng food group co., ltd." and the brand operator is guangzhou meicheng food co., ltd. tianyancha shows that the company was established in april 2019 with a registered capital of 10 million yuan. the product information shows that there are two manufacturers of this product, one is guangzhou meicheng food technology co., ltd. and the other is foshan meicheng food co., ltd.
on september 14, meicheng mooncakes customer service responded to red star news, saying, "the meicheng brand is registered in hong kong and has a trademark certificate. the brand genes and r&d team are all from hong kong." customer service said that meicheng has set up marketing centers and production bases in guangzhou and foshan in order to better expand market demand. meicheng promises that each product meets national food safety standards. at present, the store does not cooperate with third parties except the platform.
according to southern metropolis daily, a customer service staff member of "hong kong meicheng" told reporters that the meicheng brand currently has no offline stores in hong kong.
a netizen who claimed to be the boss of a company said that he asked his assistant to buy 15 boxes of meicheng mooncakes in xiao yangge's live broadcast room, preparing to give mooncakes to colleagues during the mid-autumn festival. after the meicheng mooncake incident, "we wanted to return it, but we were not allowed to." he said that it was 169 yuan per set, and he bought a total of 5 sets, each with 3 boxes, for a total of 845 yuan.
many netizens who bought mooncakes in the live broadcast room said that after the meicheng mooncakes were suspected of false advertising, they applied for a refund in the background but were rejected. chat screenshots provided by many people show that the customer service of the meicheng mooncake shop replied uniformly, "mooncakes belong to the category of seasonal special food. we are very sorry to inform you that this product does not support 7-day unconditional return and exchange service." red star news noticed that the introduction of the meicheng mooncake shop also marked a warm reminder, saying "mooncakes are special products and do not support 7-day unconditional return. please be careful if you mind."
some netizens also posted screenshots of chats, reflecting that they applied for a refund in the xiao yangge live broadcast room and the three sheep network backend where they placed the meicheng mooncake order, but they have not received a response. in response to many questions about "no after-sales service", xiao yangge recently said in a live broadcast that the company has a total of three after-sales service channels, and there is no such thing as no after-sales service. "you can first contact the corresponding store where you bought it. if the store's after-sales service is not satisfactory, then you can contact the live broadcast room where you placed the order. if the handling is still not good enough, there is still a third after-sales service channel. you can contact the three sheep network to file a complaint and report it, and we will definitely handle it to your satisfaction."
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the regulatory agency and the platform said they have intervened in the investigation
lawyers say false advertising will face administrative penalties if established
on the afternoon of september 14, the guangzhou huadu district market supervision and administration bureau, one of the production sites of meicheng mooncakes, told red star news that it had noticed online discussions about meicheng mooncakes and that the regulatory authorities had already intervened in the investigation. douyin platform customer service responded to red star news that the platform would verify the incident of meicheng mooncakes in xiao yangge's live broadcast room. if there is indeed false propaganda, the business will be suspended for rectification, withdrawal, product removal, store closure, etc.
zhao liangshan, senior partner of shaanxi hengda law firm, believes that the blogger’s promotion of mooncakes with the word "hong kong" will inevitably lead consumers to mistakenly believe that the place of origin is hong kong. moreover, many consumers trade mooncakes based on their place of origin. the blogger’s actions are suspected of consumer fraud.
lawyer zhao pointed out that from another perspective, the blogger's sale of mooncakes implies that mooncakes are related to hong kong, and it is widely advertised and announced to the public on the live broadcast platform, which is also suspected of false advertising. article 4 of the advertising law stipulates that advertisements shall not contain false or misleading content, and shall not deceive or mislead consumers. article 20 of the consumer protection law stipulates that operators shall provide consumers with information on the quality, performance, use, validity period, etc. of goods or services, which shall be true and comprehensive, and shall not make false or misleading propaganda. in addition, the anti-unfair competition law stipulates that if an operator makes false or misleading commercial propaganda for its products, or helps other operators to make false or misleading commercial propaganda by organizing false transactions, etc., the supervision and inspection department shall order it to stop the illegal behavior. accordingly, if the market supervision and administration bureau intervenes in the investigation and finds that false propaganda is established, the seller and the blogger will face administrative penalties.
liu ming, executive director of hunan ruibang law firm, also said in an interview that according to the current public information, the sales company involved has been suspected of false advertising and consumer fraud. consumers can claim a refund of three times the amount from the merchant, and the market supervision department should also intervene in the investigation. "the promotion of online celebrity agencies is essentially an agency behavior. before promoting, they should do the necessary verification and review. if there is a violation of the law such as knowingly committing a crime or should have known to engage in false advertising, the administrative department can also intervene and impose penalties."
lawyer zhao liangshan reminded that the platform should fulfill its main responsibility, strictly review and control, play a good role as a referee, strengthen information inspection, and promptly block and remove accounts with suspicious behavior; for merchants and bloggers who carry goods, any behavior that ignores the law, challenges the moral and legal bottom line, and any attempt to dig holes for consumers will be self-inflicted. when the legitimate rights and interests of consumers are infringed, they can first complain to the platform, then report to the local consumer association or market supervision bureau, or directly go to court to protect their rights according to law.
