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who should answer the question of whether “meicheng mooncakes” are considered “hong kong mooncakes”?

2024-09-17

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jimu news commentator xu hanxiong

on the eve of the mid-autumn festival, a product called "hong kong high-end mooncake" that was advertised and sold in multiple live broadcast rooms was revealed to have no offline sales points in hong kong and was not produced in hong kong. as public opinion fermented, many details such as the origin and quality of meicheng mooncakes were questioned one after another. many netizens flocked to the comment section of the social account of hong kong famous artist eric tsang, asking eric tsang to explain whether there are "meicheng mooncakes" in hong kong. the comment section was also flooded with content related to "meicheng mooncakes". (according to a report by upstream news on september 16)

meicheng mooncakes' promotion raises questions (image source: video screenshot)

according to reports, the brand operator of meicheng mooncakes is guangzhou meicheng food co., ltd., and the manufacturers are guangzhou meicheng food technology co., ltd. and foshan meicheng food co., ltd. among them, guangzhou meicheng food co., ltd. and guangzhou meicheng technology co., ltd. are both located in huadu district, guangzhou. the two companies claim that their parent company is hong kong meicheng food group co., ltd. meicheng mooncakes, which are called "hong kong brands", are produced in guangdong. therefore, it has aroused suspicion of false propaganda and defrauding consumers.

in early september this year, eric tsang recommended meicheng mooncakes in a live broadcast, saying that "this is a very good gift." he did not deny xiao yangge's statement that "they all know in hong kong that meicheng in hong kong sells a box offline for 700 yuan."

as a well-known artist in hong kong, eric tsang is a celebrity. according to the provisions of the "guiding opinions on further regulating celebrity advertising endorsement activities", celebrities introduce products during entertainment programs, talk shows, and online live broadcasts to recommend and prove products, which constitutes advertising endorsement. the celebrities themselves should make full use of the endorsed products to ensure that the usage time or quantity is sufficient to produce daily consumption experience. since eric tsang has recommended meicheng mooncakes, netizens certainly have the right to ask him about the consumption experience. "meicheng mooncakes" are said to be unavailable in hong kong, and netizens asked eric tsang whether there are "meicheng mooncakes" in hong kong, which is also reasonable. if eric tsang himself has not purchased "meicheng mooncakes" in hong kong and has no relevant consumption experience, he may be suspected of illegal endorsement if he recommends meicheng mooncakes in the live broadcast room and should be held responsible for it.

"hong kong meicheng mooncakes" are produced in guangdong (photo source: daily economic news)

legally speaking, meicheng mooncakes can be said to be a hong kong brand, but the companies that produce and operate the mooncakes are all mainland companies. so, can meicheng mooncakes be called "hong kong mooncakes"? is such publicity a borderline behavior, does it violate the principle of authenticity of advertising content, and will it mislead people? at present, there is still no clear statement on whether this move is suspected of false publicity.

according to reports, the person in charge of the company's human resources department showed the company's registered trademark in hong kong and said that he was helpless to encounter such a situation. the person in charge also said: "(online questioning) why register a company in hong kong and then produce in the mainland? i believe that there is no law that says that this cannot be done, right?" it is indeed common for brands to outsource products to other regions. no one says it is not allowed. it has long been a common phenomenon in the business world. however, from the perspective of ordinary people, hong kong mooncakes and mooncakes registered in hong kong and produced elsewhere should be two different things. generally declaring them as hong kong mooncakes may confuse concepts.

are there "meicheng mooncakes" on the hong kong market? netizens asked zeng zhiwei, and they were also asking for the truth. as a hong kong artist, zeng zhiwei has recommended this mooncake. he should know whether it is a "hong kong mooncake". but this question is not only for him to answer. at present, the guangzhou huadu district market supervision bureau stated that it has conducted an investigation on the company involved, guangzhou meicheng food co., ltd. regarding whether it involves "false propaganda", the huadu district market supervision bureau will speed up the progress of the investigation, handle it in accordance with the law, and respond to the concerns of the public and the media in a timely manner.

since meicheng mooncakes have already aroused doubts among consumers online, and the manufacturer has also stated that it is not illegal, is it reasonable to produce mooncakes in the mainland but sell them under the guise of hong kong brands? how should it be regulated? how should consumers distinguish them? in order to satisfy consumers' right to know and right to choose, the regulatory authorities should have an explanation to protect the rights and interests of consumers.