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on september 19, including "three sheep network", "three sheep network fruit and fresh", "three sheep network beautiful life" and otherseveral accounts under the three sheep company resumed broadcasting after being suspended for two days.in addition, several official authorized accounts of three sheep are also broadcasting live normally.

at present, the comment area of ​​the live broadcast room of "three sheep network" shows that "the anchor has set only fans to comment". platform data shows that at around 9:50 am, there were more than 10,000 netizens online in the live broadcast room of "three sheep network", but in the approximately 30-minute live broadcast, the anchor did not mention the mooncake incident and only introduced the products on the broadcast.

the shenyang branch of three sheep has been deserted for a long time?

park: no one is working there, the lease will be terminated next month

on the 18th, a netizen exposed the current situation of the shenyang branch of the three sheep group, saying that "the building has long been deserted. it opened with great fanfare last year, but on the second day of opening, there was no one there, and the sign was quickly taken down." related videos and news sparked heated discussions.

in this regard, on the 19th, the reporter called the shenyang branch of the three sheep group for consultation. the person in charge of the company said, "since it is online news, pay more attention to the news on the internet," and did not respond to questions such as "the company is deserted."

later, the investment promotion staff of shenyang international software park where the company is located told reporters thatthe shenyang branch of the three sheep group did move in, but no one has been working there, and the company officially quit on october 6. "the normal contract signing date is october 6, so we don't know much about the company's operations."

the reporter noticed that on october 18, 2023, the "shenyang international software park official weibo" published an article titled "warmly welcome the shenyang company of three sheep group to settle in shenyang international software park", saying that "three sheep group is a leading creator service platform in china, with a content distribution matrix that has 160 million fans across the network and pays 200 million yuan in taxes annually". the article showed photos of the opening ceremony, and internet celebrity "li paoer" and others also came to support.

the opening ceremony of the shenyang branch of sanyang group

three sheep's promotion of meicheng mooncakes caught in public opinion storm

is it misleading consumers and constitutes false advertising? lawyer's interpretation

on september 18, the guangzhou huadu district market supervision bureau reported the three sheep meicheng mooncake incident.

after verification, hong kong meicheng food group has registered "meicheng", "hong kong meicheng mooncakes", "meisun" and other trademarks approved for mooncake products in hong kong. it has authorized the use of the trademarks to guangzhou meicheng food company, which in turn commissioned guangzhou meicheng technology company to process "hong kong meicheng mooncakes" products. in addition, the supervision and inspection and food testing are all qualified, and no illegal acts have been found so far.

according to the investigation results of the guangzhou huadu district market supervision bureau, there is no problem with the qualifications and food safety of the brand mooncakes, but the core of this incident is whether the live broadcaster of three sheep misled consumers and constituted fraud. what kind of punishment might the live broadcaster and the seller receive? for this reason, red star news interviewed relevant lawyers for interpretation.

▲meicheng mooncakes and three sheep network. photo courtesy of visual china

is it false advertising?

lawyer: if identified, the relevant entity may be subject to administrative penalties

zhao liangshan, senior partner of shaanxi hengda law firm, said in an interview with red star news that live streamers and sellers sold mooncakes under the banner of hong kong, causing consumers to mistakenly believe that the mooncakes were produced in hong kong, but the actual production areas were guangzhou and foshan, and consumers also traded for the word "hong kong".it is obvious that the blogger and the seller are confusing the public, selling products that do not match the description, and are suspected of misleading consumers.

zhao liangshan said that from another perspective, the blogger and the seller lied that the mooncakes were produced in hong kong and made it public on the live broadcast platform.it is also 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 rights 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, article 20 of the anti-unfair competition law stipulates that if an operator makes false or misleading commercial advertisements for its products, or helps other operators to make false or misleading commercial advertisements by organizing false transactions, the market supervision administration may impose administrative penalties on it. accordingly, if false advertisements are found after the market supervision administration intervenes in the investigation, the live streamer and the seller will face administrative penalties.

yang enxiong, a lawyer at guangdong green law firm, also believes that according to article 28 of the advertising law, any of the following advertisements are false advertisements: (2) the information about the product's performance, function, origin, use, quality, specifications, ingredients, price, producer, validity period, sales status, honors received, etc., or the content, provider, form, quality, price, sales status, honors received, etc. of the service, as well as other information related to the promises made by the product or service, is inconsistent with the actual situation and has a substantial impact on purchasing behavior; (5) other circumstances in which consumers are deceived or misled by false or misleading content.

in this case,if the advertising activities involving this brand of mooncakes are determined to be false advertising, relevant entities involved in the advertising activities may be subject to administrative penalties, including advertisers, advertising operators, advertisers, and advertising spokespersons.

zhao liangshan emphasized that if the blogger and the seller knew that the mooncakes were not produced in hong kong but deliberately concealed the truth, they would be suspected of consumer fraud. consumers have the right to require the blogger and the seller to bear the legal responsibility of refunding one and compensating three in accordance with article 55 of the consumer protection law.

regarding the supervision of live streaming platforms, zhao liangshan believes that the platforms must fulfill their main responsibilities, conduct strict review and control, play the role of a referee, strengthen information inspections, and promptly block and remove accounts with suspicious behavior.

comprehensive:red star news reporter luo danni luo mengjie,beijing business daily, southern metropolis daily