In addition to the color distortion, Zou Kai also noticed that more and more stores are using some exaggerated containers for food, such as 8 kg bucket for coconut water, infusion bags for milk tea, kimchi altar for noodles and crayfish, and so on.
"Why do food recommendation images use filters in a thousand different ways? Thousands of strange packaging or container compliance?" Zou Kai heart is very puzzled.
Like Richard Zou, not a few people do not understand the phenomenon of excessive food publicity. The Rule of Law Daily reporter recently searched a number of food recommendation platforms and found that a number of consumers complained that they were attracted by the promotional images or copy, and as a result, the food they ate was seriously inconsistent with the graphics.
Many experts interviewed pointed out that when the food pictures or copy belong to the nature of the advertisement, if the consumer eats the food and the picture is far from the suspected false propaganda. The company's goal is to improve the quality of its food and service, so that consumers can get a real benefit and a good experience.
Careful retouching of recommended food
Exaggerated packaging to attract attention
Reporters in the social media platforms, local life platforms, such as searching for "food", found that most of the top ranking is highly saturated, with a filtered photo of the food recommended. It is easy to see that these photos are carefully composed and retouched.
Some bloggers will be food sharing shot like material storage, photos of every corner are piled up with food; some bloggers in order to show that the food portion is large, with a large plastic transparent handbag food, such as the thumb fried buns, can be loaded with one or two hundred, with the text "shopping when a mouthful of one"; there are also bloggers in order to get the ball rolling, with an infusion bag milk tea, milk tea, milk tea, milk tea, milk tea and so on. With infusion bags packed milk tea, seafood in plastic buckets, noodles and crayfish in kimchi altars ......
Is this food packaging in line with laws and regulations? According to East China University of Political Science and Law, School of Economics and Law Professor Ren Chao, food safety law requires that food production and operators should comply with food safety standards, for direct access to food should be effectively packaged or the use of non-toxic, clean packaging materials, tableware. From the view of many food publicity pictures, the relevant food packaging may have certain safety hazards.
Chen Yinjiang, deputy secretary-general of the Consumer Protection Law Research Institute of the China Law Society, told reporters that if the food packaging is just "strange" or "special" in appearance, it is difficult to say that it violates existing laws and regulations. But if it is excessive packaging or lead to food waste, it may violate the consumer protection law, anti-food waste law in the relevant provisions.
"The premise of food adopting diversified and personalized publicity is that it does not violate existing laws and regulations, and does not lead to waste of resources and food waste." Chen Yinjiang said.
Food graphics if advertising
Figure does not match the alleged violation of the law
"How many times to × × × just to eat this bite" "always have to eat × × × to come to a trip to × × × it" "Seal of the gods Series & Ceiling Series" "Fatty intestines wrapped with scallions, crispy and burnt on the outside, sticky inside" "Taro paste pineapple buns, eat it smooth and creamy" ... ...
In addition to the exaggerated food pictures, many food bloggers copywriting also after the "beauty", but after removing the filter?
The reporter interviewed more than 10 consumers in Tianjin, Anhui and other places, who were attracted by the food copy to go to the relevant store "card" to quench their thirst, but disappointed and returned, saying that they have been "hit in the face".
Li Peng from Chuzhou City, Anhui Province, not long ago in the food recommendation platform brush to a "cage of 20 soup packets, only 30 yuan, each inside the crayfish" crayfish soup packet store, rushed to taste, and found that a cage of soup packets are actually only 6, there is no complete shrimp meat. Later that night, he went to a hot pot restaurant recommended by a food blogger and found that there were only two slices of fatty meat in the pot, and the portion of cheesy kimchi fried rice was only one-fourth of the recommended picture.
"The flavor may vary from person to person, but the amount of food can't be deceived, and never again trust the online food recommendations." Li Peng said.
The reporter investigated and found that some of the food recommended pictures look at the amount of more, because some bloggers to buy a one-time purchase of a number of copies, pretending to be a copy of the shooting, but also some bloggers with their own ingredients to add to the inside, such as crusty rolls of shrimp, crayfish with noodles, etc., and in fact, there is no such ingredients in the catering store.
From the online "wine pool meat forest" to the reality of the "scraps", this graphic and the actual situation does not match the food publicity is consistent with the relevant legal provisions?
Ren Chao analysis, if the publicity text is only the consumer's personal comments, consumers have the freedom to make exaggerated comments on the food, but if the publicity text belongs to the advertising, it should be in line with the relevant provisions of the advertising law.
"Article 3 of the Advertising Law proposes that advertisements should be truthful and lawful, express advertising content in a healthy form of expression, and meet the requirements of the construction of socialist spiritual civilization and the promotion of the Chinese nation's outstanding traditional culture; Article 9, paragraph 3, clear advertisements shall not use the 'highest' 'best' and other terms. From this, when the food publicity copy belongs to the nature of the advertisement, the terms 'most' or 'sealing' 'ceiling' should not be used." Ren Chao said.
Chen Yinjiang believes that when the food copy belongs to the nature of the advertisement, if you buy the food and the picture is far from it may be suspected of false propaganda.
"According to the Law on the Protection of Consumers' Rights and Interests, operators should provide consumers with information about the quality, performance, use, and expiration date of goods or services, which should be true and comprehensive, and should not make false or misleading publicity. If the business promotion of goods and the actual inconsistency, consumers can ask the business law to bear civil liability; if the business intentionally deceived consumers through false propaganda, may also constitute fraud. Once recognized as constituting fraud, consumers can require three times the price of compensation." Chen Yinjiang said.
Food promotion labeled advertising
Protection of consumers' right to know
Food promotion is not advertising, the reality is very difficult to determine.
The reporter noted that some social media platforms do not indicate that the food recommendation is advertising, and even some bloggers will emphasize that they are "no wide recommended". The reporter also tried to complain to a number of related platforms about the content of these food recommendations, were unable to determine whether there is a violation of the content of the dismissal.
Ren Chao mentioned that it is difficult for consumers to recognize soft ads in reality. The EU member states have asked the Instagram software to clearly mark whether the videos and texts involved in the promotion contain advertisements, and there are similar provisions in China's advertising law. As a result, advertisers, producers and operators, etc. have the obligation to indicate to consumers that they are advertisements to distinguish them from other information and not to mislead consumers.
"It should be noted that for mass communication media, including the Internet, advertising should be clearly labeled as 'advertising' and not just 'cooperative promotion' or 'cooperative publicity'. 'cooperative promotion' 'cha rice', while the word 'advertising' should be prominent." Ren Chao said.
Interviewed experts believe that, regardless of whether it is advertising, in the face of this abnormal food publicity, consumers, platforms, relevant departments can exercise their rights and regulatory obligations.
"Article 10 of the Food Safety Law stipulates that any organization or individual has the right to report violations of this law in food production and operation, and has the right to learn about food safety information from the relevant departments, and to put forward opinions and suggestions on food safety supervision and management work. At the same time, Article 94 of the Law on the advertisement of food quality to make false propaganda to deceive consumers in the case of referral to the Advertising Law. In the face of exaggerated and bizarre food promotion, consumers have the right to know the truth, but also have the right to report to the Internet service provider, market supervision and management departments. Internet service providers receive the relevant notice with preliminary proof, should promptly take the necessary measures such as deletion, off the shelves, etc." Ren Chao said.
In Chen Yinjiang's view, the oddball food promotion, in the short term may indeed play a certain publicity effect, but in the long term, not only can not bring consumers a good consumer experience, but also may hit the face of the enterprise, affecting the positive image of the brand, and may even be suspected of violating the existing laws, regulations and public order and morals, so that the enterprise to bear the consequences of the unforeseeable.
"It is indisputable that enterprises carry out normal marketing activities, but the premise is that they must comply with laws and regulations, abide by public order and morals and do not harm the legitimate rights and interests of consumers. Enterprises should operate in good faith and abide by the law, put the main effort to improve product quality and service quality, so that consumers get real benefits and good consumer experience, so as to truly enhance the brand reputation and promote the healthy development of enterprises." Chen Yinjiang said.