On June 5438+1October 65438+May, Mr. Chang, the son-in-law of Wanning Xiaoxiao Kang Nanhai, the operator of the online shop involved, and Mr. Chen, the head of the cattle production and marketing cooperative (hereinafter referred to as Wanning Xiaokang Cooperative), reported to this newspaper that because the products were favored by a state banquet hotel in Shenzhen at the trade fair, they were very proud of providing sea ducks for the hotel, so they wrote the words "State Banquet Duck" in Taobao shop.

Mr. Chang said that they received the above-mentioned administrative punishment decision on June 5438+04, refused to accept the punishment decision, and prepared to file an administrative lawsuit with the people's court of Lingshui Li Autonomous County according to law.

The words "duck for state banquet" on the outer packaging of the product.

According to the 14 Decision on Administrative Punishment of Wanning Comprehensive Administrative Law Enforcement Bureau published by official website, Wanning Municipal Government of Hainan Province, on September 10, 2020, law enforcement officers inspected Wanning Xiaokang Cooperative according to law, and found that the packaging of the four packaging materials used by the cooperative was marked with advertising prohibition words such as "Duck for State Banquet", so it was impossible to provide proof materials of the above publicity terms on the spot; The cooperative's stores on Taobao are called "State Banquet Duck-Xiaokang Flying Duck", "State Banquet Duck-Xiaokang Flying Duck (Shanghai Duck Farm)" and "Duck Egg-Xiaokang Flying Duck (State Banquet)" all marked with the words "State Banquet Duck".

It is found out that the client (whose son-in-law Chang is mainly in charge of Taobao shop) opened a Taobao shop in February 2020 to sell goods marked "Duck for State Banquet". By June 5438+ 10 of that year, * * * sold 58 sea ducks, with the sales amount of 869 1 yuan and the illegal income of 568.4 yuan; The sales account of sea duck products sold offline by the party concerned has not been registered, so the sales amount of offline products cannot be calculated. Four kinds of packaging materials used by the parties, such as Xiaokang Haifei Duck Health Care, are marked with advertising prohibition words such as "Duck for State Banquet". The above-mentioned acts violate the provisions of Article 9 of the Advertising Law of People's Republic of China (PRC), and advertisements shall not have the following situations: (3) Use of terms such as "national level", "highest level" and "best".

The above-mentioned administrative punishment decision shows that the website involved is provided by Taobao free of charge, and a copy of the product details page is provided to the parties free of charge, and the parties can add pictures of the products for editing and publishing. Because of the free use of Taobao website and the design of the packaging materials used in the products, the son-in-law of the parties found a friend to help make them for free.

Mr. Chang said that his father-in-law still lives in the tile house, and a family of eight lives by selling ducks. The annual income does not exceed 20 thousand yuan. "We are not looking for an excuse to break the law", but selling dozens of ducks has little profit and will be fined 400 thousand, hoping to reduce or exempt the punishment.