Business operators have been exposed for infringing on the rights of the elderly and the young, with advertisements containing "soft pornography" and eye stickers boasting that they can prevent cataracts in the market | Regulatory Bureau | Advertising
Boasting that eye patches can prevent cataracts, hand made advertisements containing "soft pornography" content, and children's cosmetics claiming to be "food grade"... The Shanghai Municipal Administration for Market Regulation today exposed a number of cases filed and investigated this year that infringe on the legitimate rights and interests of key groups, including the elderly and the young.
Some unscrupulous merchants are closely targeting the elderly population, selling elderly products and food to them by exaggerating product functions and fabricating past honors. This kind of behavior not only scams the elderly for money, but may also delay the treatment of the condition, causing damage to the life, health and safety of the elderly.
On May 30, 2023, law enforcement officers from the Minhang District Market Supervision Bureau found that the Tongxiu Health Massage Shop in Minhang District was promoting eye patches to the elderly in the form of health lectures, claiming to have preventive effects such as cataracts.
After investigation, it was found that the content of the involved PPT courseware and the language of the on-site marketing personnel were designed by the parties themselves, and the parties were unable to provide corresponding scientific basis and supporting materials.
The actions of the parties involved are suspected of violating relevant provisions of the Anti Unfair Competition Law, and the case is currently under investigation.
On January 3rd this year, a citizen reported that there were indecent advertisements in the business premises of Shanghai Manhun Trading Co., Ltd. Jing'an Second Branch on the 8th floor of Jing'an Joy City North Building.
![Business operators have been exposed for infringing on the rights of the elderly and the young, with advertisements containing "soft pornography" and eye stickers boasting that they can prevent cataracts in the market | Regulatory Bureau | Advertising](https://a5qu.com/upload/images/47128c3c752241e40cdffb3935302c45.png)
After investigation, the party involved, Haimai Culture Communication Co., Ltd., has been authorized by the copyright owner of the "Girl Frontline" game to produce "Somi" figurines based on the image materials provided by the copyright owner, and to undertake the production, promotion, and sales of "Somi" figurines on their own.
In order to expand the sales volume and influence, the party concerned designed a pre-sale advertisement by "Somi", which was placed next to the cash register in the business premises of Room N842, No. 198, Xizang North Road, Jing'an Second Branch of Shanghai Manhun Trading Co., Ltd. after production.
The advertisement in question is a humanoid billboard advertisement, which specifically magnifies the buttocks of the female character "Somi" and protrudes from the upper right corner of the entire humanoid billboard advertisement. The folded position of the safety pants is touched by the thumb and index finger, and the text content "The safety pants are made of softer material to increase the playability and cannot be removed" is attached around the enlarged image.
The regulatory authorities believe that the parties involved have partially enlarged the private parts of a woman's body, in order to attract attention and attract attention, without giving women the respect they deserve, infringing on women's personal dignity, violating good social norms, and not in line with socialist core values.
At the same time, the parties involved have overlooked the fact that there are many minors among the consumer group of anime and game figurine products. "Soft pornography" advertisements can have a negative impact on the growth of young people, which is not conducive to the formation of their health values. This reflects the weak social public awareness of the parties involved and their insufficient understanding of protecting young people.
The relevant behavior of the parties involved violated the relevant provisions of the Advertising Law. The Jing'an District Market Supervision Bureau imposed an administrative penalty of ordering the parties to stop publishing the advertisements involved and imposing a fine of 220000 yuan in accordance with the law.
![Business operators have been exposed for infringing on the rights of the elderly and the young, with advertisements containing "soft pornography" and eye stickers boasting that they can prevent cataracts in the market | Regulatory Bureau | Advertising](https://a5qu.com/upload/images/02e0bacda4d2f97c3bed2efeec47148e.png)
A "Somi" figurine
Shanghai Ruile Biotechnology Co., Ltd. launched a children's lipstick in its online store "Shunshun Beauty Personal Care Shop", and published a promotional advertisement with "food grade" content on the product title and details page. After investigation, the product in question is ordinary cosmetics rather than food.
The Regulations on the Supervision and Administration of Children's Cosmetics specify that the labels of children's cosmetics shall not indicate words such as "food grade" or "edible" or food related patterns.
However, some cosmetics production companies knowingly use "food" ingredients as a gimmick to promote such cosmetics as "food grade" cosmetics, implying that such cosmetics are safer for children and have nothing to eat.
This behavior confuses the concepts of cosmetics and food, and is a typical illegal act of publishing false advertisements. It may lead to children mistakenly consuming cosmetics as food, ultimately endangering their health.
The act of the party publishing false advertisements violates the relevant provisions of the Advertising Law, and the Songjiang District Market Supervision Bureau has imposed an administrative penalty of 3000 yuan on them in accordance with the law.
![Business operators have been exposed for infringing on the rights of the elderly and the young, with advertisements containing "soft pornography" and eye stickers boasting that they can prevent cataracts in the market | Regulatory Bureau | Advertising](https://a5qu.com/upload/images/3e3331c9706a1764363532d8cce718bb.png)
Since the beginning of this year, the market supervision department in Shanghai has focused on prominent issues in the field of people's livelihood that are strongly reflected by the public and of concern to the public. It has increased law enforcement efforts in key areas that are related to the practical interests of the people, and focused on solving the urgent and difficult problems that the people are looking forward to. Starting from April this year, the market supervision department has filed and investigated 268 cases of infringement on the legitimate rights and interests of key groups, including the elderly and the young, with 116 cases closed and a fine of 2.3826 million yuan confiscated.
The Shanghai Municipal Administration for Market Regulation stated that from now on, it will carry out a centralized law enforcement action throughout the city to crack down on the infringement of the legitimate rights and interests of key groups such as the elderly and the young.
The law enforcement of "One Elderly" will focus on elderly health food and strictly investigate illegal production and operation, illegal advertising, false advertising and other illegal activities of elderly health food. "One Small" law enforcement will focus on products such as children's clothing, children's toys, and student learning supplies, and strictly investigate illegal activities related to quality.