Tea beverage brands are rolling up "men's marketing"? Lawyer: May be identified as an illegal advertising brand | men's color | advertising

Previously, a "fierce man" restaurant in Yunnan was shut down, and later a tea brand rolled up men's marketing.

Recently, on a certain short video platform, the topic of men's cross dressing launched by a tea beverage brand has received over 2 billion exposures. These massive cross dressing videos are mostly provided by a large number of attractive and muscular men, who hold milk tea in their hands and have different postures. Many tea brands have collaborated with various beauty and body bloggers to join this "men's marketing battle".

Previously, Ruixing changed the style of the previous anchor broadcast in the Tiktok studio and replaced it with a large number of tall male models with online appearance. The live broadcast footage shows that the male models are mainly dressed in black, white, and gray, with Luckin's logo printed on their cheeks, and each holding a cup of coffee. Models with different styles correspond to different items and different rhetoric.

At the same time, this extraordinary live broadcast has gained considerable traffic data. According to the statistics of Tiktok data platform under the new list, the men's model shows were broadcast live for 3 hours, with a total of 1.1849 million viewers, more than twice the number of daily viewers. In the comment section of the live broadcast room, many netizens said, "Have you started trying to use beauty to make me place an order now?"

Coincidentally, the well-known tea brand Shuye Shaoxiancao has also set its sights on this new marketing method. According to the data, in July this year, Shuyishaoxiacao launched a new milk tea and launched a publicity campaign of "I love what Shuyi" in the Tiktok live broadcast room, among which the most striking thing is that Shuyishao has invited a large number of handsome bloggers to shoot a live cross dressing video of children who show both body and milk tea.

In addition, the beverage brand "Wangshanzha" used the same trick as the book after inviting Gong Linna to release an advertising song - "Eat Spicy and Drink Wangshanzha" - asking a beauty blogger to shoot a cross dressing video, but the music must use the advertising song.

Of course, the way of live broadcast is also different from that of books. Compared with books, the handsome guys invited by Hawthorn are all cooperating with BGM to highlight a "local flavor".

So, how are male marketing and borderline advertising legally recognized? Tang Xueli, a member of the Lawyer Expert Database of the Legal Daily and Director of the Intellectual Property Department of Beijing Yingke Law Firm, stated that first of all, it is necessary to distinguish between "presenting a healthy and energetic body image and aesthetic value" and "vulgar borderline expressions with pornographic implications.". According to the Provisional Regulations on the Identification of Obscene and Pornographic Publications and the "Cihai" interpretation, obscenity refers to "promoting obscene behavior as a whole, inciting people's sexual desire, leading to the corruption and decadence of ordinary people." Pornography refers to "emphasizing sensory stimulation as the main purpose, directly exposing sexual organs, sexual behavior, etc., which is sufficient to directly cause the audience to produce sexual impulses, sexual distortions, and other behavioral or psychological activities."

Tang Xueli's analysis suggests that the body movements and language expressions of such men's sex marketing and borderline advertisements, due to their "sexual implications," are likely to be identified as illegal advertisements containing "obscene and pornographic content.".

Tang Xueli pointed out that according to Article 3 and Article 9 (1) of the Advertising Law, advertisements shall not contain content that obstructs public order or violates good social norms, as well as content that is obscene or pornographic. If it involves online live streaming marketing behavior, it is also necessary to refer to Article 3 of the "Management Measures for Online Live Streaming Marketing", which stipulates that "when engaging in online live streaming marketing activities, one should abide by laws and regulations, follow public order and good customs, abide by business ethics, adhere to correct orientation, promote socialist core values, and create a good online ecosystem." In addition, other normative documents also have similar provisions.

In fact, in recent years, many businesses have been exposed to this type of "margin" model in their marketing. Before this, the "five female doctors" were punished for hyping up women's anxiety and exaggerating the health and wellness concepts of their drinks, which went against social norms. Later, in an apology statement, the "five female doctors" stated that "the company has launched a 30 day strict investigation and rectification.".

So, from a legal perspective, how should people view such marketing methods? Pei Yinzhou, a member of the Lawyer Expert Database of the Legal Daily and Senior Partner of Beijing Kangda Law Firm, said, "This kind of malicious and interesting marketing approach is not a long-term development plan. This approach is not advisable. In the long run, if a company wants to truly become a big brand, it needs to have its excellent cultural heritage and high-quality services, in order to establish a good brand image."

"This kind of borderline marketing method, which pursues traffic and attracts attention, does indeed bring short-term social attention and discussion. However, in the long run, this behavior is actually repeatedly testing the red line of laws and regulations. It not only promotes the spread of vulgar and soft pornography culture, damages the physical and mental health of underage people, but also damages and undermines the brand's social reputation and consumer goodwill," said Tang Xueli.