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hefei: it is planned to confiscate the illegal income of sanzhiyang company and impose a fine of 68.9491 million yuan

2024-09-26

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situation report

on september 19, hefei city established a joint investigation team to investigate the problems in live streaming sales by hefei three sheep network technology co., ltd. (hereinafter referred to as "three sheep company") that were recently reported online. the relevant situation is now reported as follows:

1. investigation of the promotion of "hong kong meicheng mooncakes" and "australian grain-fed beef rolls"

the three sheep company was commissioned by guangzhou meicheng food co., ltd. to promote "hong kong meicheng mooncakes" live, claiming that "hong kong meicheng is a major brand specializing in high-end mooncakes and has been doing so for nearly 20 years", and emphasized selling points such as "meicheng's, hong kong's, high-end mooncakes", which constituted false and misleading commercial advertising.

the three sheep company was commissioned by hubei xian duo yu network technology co., ltd. (hereinafter referred to as "xian duo yu company") to promote "australian grain-fed beef rolls" through live broadcast. the promotional information provided by xian duo yu company claimed that the product was original cut meat. the three sheep company promoted the product based on the information provided by xian duo yu company without obtaining the original cut meat test report. the meat actually shipped by xian duo yu company was seasoned meat. the above behavior constitutes false commercial advertising.

ii. investigation of the promotion of “yuhuiyuan braised pork with preserved vegetables” and “year of the rabbit maotai liquor”

the three sheep company was commissioned by hubei xiaocheng youxuan technology development co., ltd. (hereinafter referred to as "xiaocheng youxuan") to promote "yuhuiyuan meicai kourou" through live broadcast. this product was purchased by xiaocheng youxuan from anhui donghui food technology co., ltd. (hereinafter referred to as "donghui company"). the promotion information provided by xiaocheng youxuan to the three sheep company stated that the raw material of the product was pork belly, and the live broadcast content was consistent with the promotion information. the contract between xiaocheng youxuan and donghui company stipulated that "pork belly should be used to make meicai kourou", and sent personnel to donghui company for on-site quality control. the three sheep company verified the qualifications, checked the test reports, sample tasting, and on-site inspections. the joint investigation team questioned relevant personnel from donghui company and xiaocheng youxuan, and the questioned people all confirmed that the raw material of "yuhuiyuan meicai kourou" was pork belly. after verifying the financial accounts, xiaocheng youxuan paid the purchase price according to the price of meicai kourou made from pork belly. combined with witness testimony, video materials, account lists, etc., it was confirmed that the raw material of "yuhuiyuan meicai kourou" provided by xiaocheng youxuan was pork belly.

three sheep company signed the "network promotion service framework contract" with hangzhou jiudaojia trading co., ltd., sichuan yijiu e-commerce co., ltd., and zhejiang ziqidonglai trading co., ltd. (hereinafter referred to as the "principal"), stipulating that three sheep company will promote the "year of the rabbit zodiac maotai liquor" for the principal through live broadcast, and clearly stating that three sheep company only provides live broadcast promotion services for the principal, and the principal is responsible for shipping and ensuring the quality of the goods. during the live broadcast, three sheep company promoted the goods based on the information provided by the principal. regarding the information on the internet that some of the shipped goods are not authentic, because the shipper is in another city, in accordance with the principle of territorial jurisdiction, the relevant clues will be transferred to the relevant departments in the shipper's location for verification and processing.

3. handling opinions

1. in accordance with the relevant provisions of the administrative penalty law, the anti-unfair competition law and other relevant regulations, it is proposed to decide to confiscate the illegal gains of sanzhiyang company and impose a fine totaling 68.9491 million yuan.

2. regarding the relevant issues existing in the live streaming sales of goods by three sheep company, it is ordered to suspend operations and rectify within a time limit, and bear the relevant legal responsibilities.

3. the discipline inspection and supervision departments will initiate investigations into units and relevant personnel who fail to supervise or perform their duties during the work process, and will deal with them seriously in accordance with the law.

we are very grateful for the understanding and supervision of netizens and consumers. we will listen carefully to their opinions and suggestions, strengthen the supervision of the live streaming e-commerce industry, and effectively safeguard the legitimate rights and interests of consumers.

hefei city joint investigation team

september 26, 2024