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recently, several anchors, including "crazy little yang ge", were suspected of "misleading consumers" when promoting "hong kong meicheng mooncakes" during live broadcasts. the controversy has continued to escalate, and the issue of false sales of mooncakes has aroused widespread discussion and concern.

with the coming of the mid-autumn festival, mooncakes, a traditional festival food, have reached a peak in sales. however, this craze has also attracted the attention of some lawless people, who take advantage of consumers' festive sentiments to sell fake and inferior brand mooncakes or intentionally mislead consumers in an attempt to make a profit.

on september 17, the day of the mid-autumn festival, the hefei high-tech zone market supervision and administration bureau issued a report stating that the "hong kong meicheng mooncakes" sold by three sheep network technology co., ltd. through live streaming has recently attracted attention. a case has been filed against three sheep network technology co., ltd. for suspected "misleading consumers" and other behaviors during live streaming, and the case will be handled in accordance with the law and regulations based on the results of the investigation.

on the eve of the mid-autumn festival, the top anchor "crazy little yang" and anchors under his company three sheep network technology co., ltd. sold "hong kong meicheng mooncakes" in the live broadcast room. little yang said during the live broadcast that "hong kong meicheng mooncakes" contain black truffles, which are prepared by michelin masters. but then some netizens and agents said that the actual production place of the product is not in hong kong, but in guangzhou and foshan. the topic of "hong kong mooncakes with monthly sales of 50 million yuan are not available in hong kong" immediately became a hot search.

a reporter from china business news saw that the mooncakes in the meicheng mooncake tmall flagship store have been removed from the shelves, with only three kinds of dessert gift boxes left. in response, the customer service said: "the mooncakes are out of stock." the customer service also said that the meicheng brand is registered in hong kong and has a trademark registration certificate. the brand genes and r&d team are all from hong kong, but meicheng has established marketing centers and production bases in guangzhou and foshan.

in this incident, the point that consumers questioned was that the host's words during the live broadcast would lead consumers to mistakenly believe that the mooncakes were produced in hong kong.

tianyancha information shows that hong kong meicheng food group co., ltd. was established on april 15, 2019, and its registered address is in the hong kong special administrative region. the brand operator of the "hong kong meicheng mooncakes" sold by the above anchors is guangzhou meicheng food co., ltd., which was established in 2019 and is located in guangzhou, guangdong province. the manufacturer of "hong kong meicheng mooncakes" is guangzhou meicheng food technology co., ltd., which was established in 2014 and is a company mainly engaged in food manufacturing.

zhao zhanling, a lawyer at beijing jiawei law firm, told the first financial news reporter that the promotion and introduction of related products during live streaming generally constitutes commercial advertising, and the operator of the live streaming room is now an advertiser and an advertising operator. according to the advertising law, advertisers need to bear two review responsibilities: one is to review whether the advertiser, that is, the seller of the product, has legal qualifications, and the other is to review the authenticity and legality of the advertising content. if the advertising content does not match the actual situation and constitutes false advertising, the operator of the live streaming room shall bear joint and several liability with the advertiser, that is, the operator of the product. of course, if the advertising content is only created by the anchor and not provided by the advertiser, the operator of the live streaming room shall bear the legal responsibility.

therefore, if it constitutes false advertising, the anchor needs to bear certain legal responsibilities.

in addition to the meicheng mooncakes that were punished for "misleading consumers" by the anchor, there have been cases of fraudulent mooncake sales online. the issue of fraudulent mooncake sales has also received more and more attention from relevant departments.

on september 15, according to the official account of the shenzhen intermediate people's court, as early as august 2021, ma bought a large number of counterfeit "mou xin" brand mooncakes for profit and sold them wholesale through the internet. in september 2021, the public security organs arrested ma and his accomplices and seized mooncakes for sale in the warehouse. after identification, the "mou xin" mooncakes seized on the scene and the logos on the anti-counterfeiting labels of "mou xin" mooncakes were all counterfeit registered trademarks. the public prosecution agency filed a public prosecution against ma for the crime of selling counterfeit trademarks. mou xin food co., ltd., authorized by the registered trademark right holder, filed a criminal civil lawsuit for infringement of trademark rights, requiring ma to compensate for economic losses and bear triple punitive damages.

recently, the jing’an district people’s court of shanghai (hereinafter referred to as the jing’an district people’s court) also concluded a similar intellectual property criminal case involving the sale of counterfeit mooncakes of a well-known brand.

article 214 of the criminal law of the people's republic of china states that if a person knowingly sells goods that are known to be counterfeit registered trademarks, and the illegal proceeds are large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and shall be fined or fined alone; if the illegal proceeds are huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall be fined.