"crazy little brother yang" was named by the municipal supervision department again, and he may have a hard time surviving the "mid-autumn festival"
2024-09-17
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on september 17, the hefei high-tech zone market supervision and administration bureau issued a situation report: recently, the "hong kong meicheng mooncakes" sold by three sheep network technology co., ltd. through live streaming has 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. thank you to the media and netizens for your concern and supervision.
some netizens joked that this year's mid-autumn festival was a "mid-autumn disaster" for "crazy brother yang".
this is what happened: near the mid-autumn festival, "crazy xiao yangge" and his live broadcast room were selling mooncakes called "hong kong meicheng". during the live broadcast, xiao yangge said, "meicheng's mooncakes are high-end mooncakes, and there are words on them, 'hong kong meicheng'." xiao yangge's main product was the brand's "black truffle lava custard mooncake", and he took out a "market position confirmation certificate" that read "meicheng mooncake, black truffle lava custard mooncake, no. 1 in national sales".
whether in terms of appearance, name or its main product, the lava mooncakes, the "hong kong meicheng" mooncakes are easily reminiscent of another well-known hong kong brand, maxim's mooncakes.
some netizens questioned whether "meicheng mooncakes" were produced in hong kong, saying, "i've lived in hong kong for more than ten years and have never heard of a mooncake called 'meicheng'." another netizen questioned, "how can something that doesn't even exist in hong kong be called 'hong kong mooncakes'?"
subsequently, "hong kong mooncakes with monthly sales of 50 million yuan are not available in hong kong" became a hot search. according to media reports, a query on a third-party data platform found that the brand's sales on douyin in the past 30 days have exceeded 50 million yuan.
from the packaging of the "hong kong meicheng mooncake gift box" provided by netizens, it can be seen that the manufacturers are guangzhou meicheng food technology co., ltd. and foshan meicheng food co., ltd., which are located in guangzhou huadu and foshan nanhai respectively.
on september 13, the customer service staff of "hong kong meicheng" stated that the meicheng brand is registered in hong kong and has a trademark registration certificate. "in order to better expand market demand, marketing centers and production bases have been established in guangzhou and foshan." there are currently no offline stores in hong kong.
the reporter found out from the official website of hong kong meicheng that in 2019, meicheng group was officially established in hong kong and created three major brands. among them, the brand operation center is guangzhou meicheng food co., ltd. the website shows that in 2023, hong kong meicheng will complete the construction and put into production of two new factories in nanhai, foshan and conghua, guangzhou, "building a diversified industrial system."
in addition, the reporter found that the "hong kong meicheng" trademark applied for by guangzhou meicheng food co., ltd. in 2022 was rejected for review, and the trademark "meicheng mooncake" applied for in 2023 is still under registration application, awaiting substantive review.
before one wave subsides, another wave rises.
on september 9, professional counterfeiter wang hai released a video saying that the manufacturer that xiao yangge had previously sold beef rolls had been punished by the municipal supervision bureau. according to the national enterprise credit information publicity system, the beef rolls and mutton rolls sold by hubei xian duoyu network technology co., ltd. are not the "original cut" beef and mutton claimed, but are suspected to be synthetic spliced meat. on november 24, 2023, the company signed an online promotion service contract with hefei three sheep network technology co., ltd., agreeing that its anchor "crazy xiao yangge" will promote "xian duoyu australian grain-fed beef roll 4 jin" from november 25, 2023 to february 20, 2024, with a sales unit price of 89.9 yuan.
on november 25, 2023, the anchor crazy xiao yangge held a special event to promote the product. on the product details page and in the live broadcast, it was claimed that the product was original cut meat rather than processed meat. the product was eventually sold for about 43,000 orders, with a sales amount of about 3.872 million yuan. in the end, the qingshan district market supervision and administration bureau of wuhan city determined that the company had adopted unfair means to gain a competitive advantage in its products, which violated the provisions of article 8, paragraph 1 of the anti-unfair competition law of the people's republic of china. according to relevant laws and regulations, it was fined 500,000 yuan and ordered to immediately correct the illegal behavior.
on september 10, wang hai continued to post, saying that a baby cream displayed and sold by xiao yangge on the yellow car in the live broadcast room was suspected of false advertising. on february 7, 2023, the hangzhou high-tech industrial development zone (binjiang) market supervision and administration bureau determined that the relevant promotion of the product details page of his yellow car was false advertising and imposed a fine of more than 50,000 yuan.
previously, wang hai also revealed that xiao yangge sold fake hetian jade jewelry worth 319 yuan in the live broadcast room. according to hunan daily, in july 2024, the shenzhen municipal market supervision administration responded to the matter and ordered the company that issued the fake appraisal certificate to rectify and fined 100,000 yuan, confiscated the illegal income of 1,000 yuan, and fined the relevant responsible persons 30,000 yuan.
we can't help but wonder: as middlemen, should internet celebrities also bear legal responsibility if the goods they bring are suspected of being counterfeit or shoddy, or if they make exaggerated false propaganda?
according to the advertising law and the e-commerce law, advertising operators and publishers have the responsibility to review the content of advertisements, and advertising spokespersons may not recommend or certify goods or services when they know or should know that the advertisements are false. live streaming is also a disguised form of advertising, so the "internet celebrity" should bear legal responsibility for the quality of the products.
as an influential internet celebrity, you should have a deep understanding of the products you promote, as well as check relevant qualifications, certificates and other materials. "the internet celebrity and the quality of the product are actually in a relationship of mutual benefit and mutual loss. if there is a problem with the product, the internet celebrity's image will also be irreversibly 'collapsed'. you can't be exempted from liability by saying you were not aware of it," said lawyer chen.
consumers who unknowingly purchase counterfeit goods have the right to claim compensation as stipulated in the consumer rights protection law. they can assert their claims against the merchants and the sellers, requiring them to bear joint and several liability for compensation. however, there are restrictions on the "ten times compensation for fake goods" policy, which requires analysis based on specific cases.
in addition, according to article 12 of the supreme people's court's "interpretation on several issues concerning the application of law in the trial of food and drug punitive compensation dispute cases" on august 21, 2024, for those who "knowingly buy fake products" and maliciously claim high compensation, their requests for punitive compensation shall be supported in accordance with the law within the scope of reasonable living consumption needs. this judicial interpretation regulates the behavior of knowingly buying fake products and maliciously claiming compensation.
(compiled by wang heying, a reporter from dazhong news)
