Recently, Wang Laoji, a national herbal tea brand, was collectively accused by franchisees for false investment promotion and failure to honor promises, and fell into a storm of public opinion. Recently, Caijing's new media reporter found that in addition to the above problems, a solid beverage named Wang Laoji's "Jibaoqing Yeung Yi" began to rise in the micro-business circle. This product is endorsed by "Guangyao Great Health Care Product", and it is claimed in the publicity that it has the functions of "relaxing bowels, regulating liver and gallbladder, tonifying kidney and strengthening yang, nourishing blood", and it is a product mainly for losing weight. According to relevant laws and regulations, ordinary food propaganda has health care effect and is suspected of false propaganda.
According to the reporter's investigation, the retail price of this product is as high as 3 16 yuan/box, while the ex-factory price is only 14 yuan/box. Behind the huge profits, through the hierarchical classification of WeChat business model, from VIP, county generation, district generation, city generation, provincial generation and regional business department * * *, and finally push a product with an ex-factory price of only a dozen yuan to several hundred yuan.
It is noteworthy that "Keppel Yeung Yi" series products are not produced by GPHL and its related subsidiaries, but brand products authorized by Guangyao Wanglaoji Pharmaceutical Co., Ltd. under Baiyunshan Group Co., Ltd. (hereinafter referred to as "Baiyunshan"). Its manufacturers are OEM and Yijia (Guangdong) Health Technology Co., Ltd., and its national distributor is Keppel Technology (Hebei) Co., Ltd. (hereinafter referred to as Keppel).
According to the insider, the operation mode of this kind of products is that the project trader finds the brand to obtain the brand authorization, then finds the processing factory to carry out OEM production, and then builds a multi-layer distribution system through professional institutions to obtain income through social fission distribution products. Lawyers believe that from the sales model of this product, it is suspected of pyramid schemes.
In fact, GPHL authorized Baiyun Mountain to use 420 trademark exclusive rights series such as Wang Laoji at a price of 65.438+38.9 million yuan, and a large number of authorized products with the brand name of "Wang Laoji" appeared on the market, many of which were short-lived and chaotic. On the authenticity of sales authorization, authorized income and other issues, Caijing new media reporters asked Wang Laoji Pharmaceutical and Guangyao Baiyunshan Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Baiyunshan") authorized by GPHL for verification. Baiyunshan told reporters that it is unclear and needs to be verified with Wang Laoji. The reporter repeatedly called the official phone number of Wang Laoji Pharmaceutical. As of press time, it has been unable to connect.
Really lose weight or false propaganda? Cost 14 yuan, price 3 16 yuan.
According to the sales authorization provided by the distributor, Guangzhou Wanglaoji Pharmaceutical Co., Ltd. (hereinafter referred to as "Wanglaoji Pharmaceutical") authorized Keppel Technology (Hebei) Co., Ltd. (hereinafter referred to as "Keppel") to be the national distributor of "Wanglaoji Qingyangyi" series products, and the trademark certificate and business license qualification of Wanglaoji Pharmaceutical can be displayed as the distributor during the sales process. This means that the Wang Laoji Keppel Project is actually operated by Keppel Company.
According to the online publicity materials, the series of products of "Wang Lao Qing Ji Yangyi" are advertised as Wang Lao Ji's new retail project, also known as Wang Lao Ji Keppel's new retail, which belongs to "Guangyao Great Health Products", but there are only three products under its banner, including Wang Lao Qing Ji Yangyi, Keppel Youbao and Keppel Happiness Burning, all of which belong to solid drinks focusing on slimming.
According to the product information table on the back of Wang Lao Ji's Qingyangyi package, the product name is: Rosa roxburghii collagen peptide solid beverage; The product standard code is GB/T 29602. The reporter inquired about the national standard and found that the product is just an ordinary solid beverage and does not belong to the category of health care products.
However, the efficacy of the three products in promoting "detoxification and oil discharge, enhancing immunity, tonifying kidney and strengthening yang" has gone beyond the scope of ordinary food promotion. Zhu Jieping, a well-known lawyer and founding partner lawyer of Tai Kun, told the reporter that according to the first paragraph of Article 38 of the Regulations on the Implementation of the Food Safety Law, other foods other than health foods may not claim to have health care functions.
Zhu Jieping also said that regarding whether it violates the advertising law, generally speaking, the labels and instructions of ordinary foods are usually not recognized as advertisements and are not within the scope of the adjustment of the advertising law; It is a false description of the performance and function of ordinary food itself, which is easy to cause misunderstanding by consumers. According to item 2, paragraph 2, Article 28 of the Advertising Law, if the performance and function of a commodity do not conform to the actual situation and have a substantial impact on the purchase behavior, it can be considered as a false advertisement.
In addition to exaggerating publicity on products, Wang Lao Ji's nourishing instrument is an out-and-out OEM product. According to the production information, the manufacturer of this product is Heyijia (Guangdong) Health Technology Co., Ltd. (hereinafter referred to as "Heyijia Company"). The reporter inquired about the company's relevant information and found that Heyijia Company is a company specializing in OEM OEM processing. In 2020, he was punished twice by the relevant departments for violating the Food Safety Law.
The reporter also inquired in official website of Yijia Company that the same product of Qingyangyi-Rosa roxburghii Collagen Peptide Solid Beverage promoted by Wang Laoji in official website has few functions.
The reporter contacted the company on the grounds of OEM. According to the relevant person in charge of the company, Wang Laoji brand Rosa roxburghii collagen peptide solid beverage is indeed produced by the company. The wholesale price of each small bag is about 1-2 yuan and the price of each box is 10-20. The product packaging is also designed by the company.
"There are more than 2 million products related to Wang Laoji, and the price we give is about one box 14 yuan, including packaging and raw material processing fees. The factory has a professional packaging design team to design for free. You can pay a deposit of 5,000 yuan before designing the packaging, and then deduct the deposit later. " The person in charge told the reporter.
This means that the actual wholesale price of products with terminal price above 300 yuan is only about 14 yuan, which can be described as profiteering. Relevant industry insiders told reporters that the core logic of WeChat business is that the project operator finds the brand to obtain brand authorization, then finds the processing factory to carry out OEM production, and then builds a multi-layer distribution system through professional institutions to obtain income through social fission distribution products. It can be seen that the product is not the core element, and the key lies in formulating an effective sales model.
Selling products or attracting people? The sales model is suspected of pyramid schemes
The reporter contacted several agents of the project on the grounds of joining the agent. Li Yaqing (pseudonym), a dealer in a business department in Zhejiang, told the reporter, "Wang Laoji Keppel's new retail project started at the end of June, earning more than 20,000 yuan in July and more than 30,000 yuan in August. It is just right to enter the market now. "
How can agents easily earn more than 10,000 yuan a month? The project has a complete sales model. According to the information provided by the dealers, the dealers of VIP, county generation and district generation can directly obtain the corresponding grades by purchasing products. The higher the level, the lower the unit price. Take the county generation as an example, they can become the county generation by buying 9 boxes of products for 2484 yuan. However, the three levels of city generation, provincial generation and regional business department can not complete the upgrade of dealer level by purchasing products directly, and only when the cumulative sales volume exceeds 20 thousand can they become regional business departments.
In addition, there is another way to become a county generation directly, that is, to buy a set of Wang Lao Ji's thin and extreme suit (1.896 yuan), including 6 boxes of products, and give away Wang Lao Ji 10 bag of Qingyangyi, Jibao Waiyoubao 10 bag, 1 box of radiant and warm slimming essential oil, which is valuable.
According to the large distributors of the project, the project has three profit ways: direct profit, differential profit and flat prize. Take the sale of Wang Lao Ji's Light Supreme Suit as an example, the direct profit is the profit from the retail price minus the purchase price. The higher the level, the lower the purchase price and the higher the profit.
"Differential income is simply the difference between dealers indirectly earning the sales profits of their lower-level dealers. For example, the regional business department sells 1896 Roy Laoji lightweight extreme suit. Below the regional business department are provinces, cities, districts and counties, with the difference of each level 160 yuan. For each provincial generation, the revenue of regional business department 160 yuan, and the municipal generation. The grade award is the profit obtained by the dealer to develop a dealer of the same grade. " The dealer said.
This means that dealers at all levels can only get lower prices, higher grades and finally earn more profits if they develop their offline personnel indefinitely. Obviously, after dealers at all levels make profits, the price of goods with a terminal price of more than 300 yuan at large dealers is only 100 yuan, which inevitably makes the outside world wonder whether this project is selling products or pulling people's heads.
Zhao Zhanling, deputy director of Beijing Jia Yun Law Firm and a researcher at the Intellectual Property Research Center of China University of Political Science and Law, said that from the sales model of this product, it is suspected of pyramid selling on the grounds that the model meets the organizational requirements of pyramid selling, forming an online and offline interpersonal network and a "personnel chain" of pyramid selling, but whether it really constitutes pyramid selling depends on whether it forms a "money chain" of pyramid selling in terms of remuneration. The determination of the elements of remuneration will eventually be officially recognized by the public security and market supervision departments.
Chen Chuan, a partner of Shaanxi Maisheng Law Firm and secretary of the Party branch, believes that the main purpose of this model is to attract people and earn profits by developing people's heads, not by selling goods, especially by setting different levels of agency authority, and each level has different interests. In fact, it is to induce agents at all levels to be promoted upwards and develop people's participation downwards, which is in line with the organizational characteristics of MLM organizations.
Who is responsible for the Wang Laoji brand that is authorized to play bad?
Besides related products of Wang Laoji Keppel, more and more products under the banner of "Wang Laoji brand" have emerged in the market, from tea chain brand 1828 Wang Laoji to hot pot brand 1828 Wang Laoji Ji Xiaoji fried dumpling, from liquor brand Wang Laoji "Sui Niu" to Wang Laoji beer, and then to milk brand Wang Laoji Jiruyi. At one time, the brand of Wang Lao Ji stood out from many categories, but many brands soon disappeared and gained great popularity.
In addition to the above categories, Wang Laoji also introduced Qingweile, Cordyceps beverage, Red Lycium barbarum beverage, Sweet-scented osmanthus sour plum soup, lotus root juice, Morinda citrifolia beverage and other beverage products, as well as snack foods such as throat lozenge, tortoise plastron and Fritillaria loquat sugar. He even dabbled in the field of daily chemical products and launched Wang Laoji toothpaste. Many products only caught the eye when they were first launched, and then they sank into the sea.
It is worth noting that from 2065438 to February 2008, GPHL authorized Baiyun Mountain to use 420 trademark exclusive rights series such as Wang Laoji for13.89 million yuan. According to the performance compensation agreement signed by both parties at that time, the performance commitment period of Wang Laoji's trademark assets was three years, and the net income of trademark license in 2065.438+09, 2020 and 2026.5438+0 was 65.438+53 billion yuan, 65.438+63 billion yuan and 65.438+07.1billion respectively. If the accumulated net income of trademark license fails to meet the above requirements, GPHL will compensate Baiyun Mountain in cash.
The reporter inquired about the annual report and found that after Guangzhou Pharmaceutical Group authorized Baiyun Mountain to use the trademark of Wang Laoji, its performance commitment was not satisfactory. Together with the completion of the first year, the net income of trademark licensing in 2020 is 65.438+0.2 billion yuan, and the completion rate of performance commitment is only 75.03%. On August 19 this year, Baiyun Mountain signed an extension agreement with Guangzhou Pharmaceutical Group, and at the same time extended the previous assessment indicators for one year.
Shen Meng, chansons Capital, told reporters that after Guangzhou Pharmaceutical Group authorized the brand of Wang Laoji to Baiyun Mountain, its original intention should be to use social resources to develop the value of Wang Laoji brand in a wider and deeper field. However, this original intention has not been well implemented at present, but has been abused and weakened. However, these Wang Laoji products launched by non-Guangzhou Pharmaceutical Department lack uniform and strict standards, which leads to mixed fish and dragons.
Based on Wang Laoji's brand influence, many WeChat merchants have also targeted this brand. For example, in July this year, Wang Laoji signed a cooperation agreement with the WeChat business Siwei Group at the press conference, announcing that Bixi Beer officially entered the market. It is understood that Bixi Beer has launched two kinds of craft beer, namely Al craft white beer and craft whole wheat beer.
Similar to the Wang Laoji Keppel Project, the sales model is WeChat business. According to the publicity materials, Bixi beer agent is divided into three levels, namely VIP wholesaler, senior wholesaler and national general agent. You can become an agent at the corresponding level by purchasing the corresponding quantity of products. The reporter inquired about the information of this beer product and found that the product is also an OEM product. The producer is Shandong Ye Xue Beer Co., Ltd., and General Beer is its main brand.
Long-term brand authorization has also laid a curse for Wang Laoji's brand. Some external authorizations are constantly consuming Wang Laoji's well-known brands and affecting the brand's reputation. 20 19 A product named "Ji You" by Wang Lao Ji was suspected of pyramid selling, although GPHL quickly responded that Wang Lao Ji had nothing to do with "Ji You" and pointed out that "the relationship between Ji You and Wang Lao Ji is false, and Wang Lao Ji's trademark has never been authorized". However, the related parties in Ji You did obtain the authorization of GPHL, but it has expired.
Cai, a wine analyst in China, said that Wang Laoji, as a well-known best-selling brand, has become an intangible asset. Excessive external authorization leads to the rapid loss of Wang Laoji's brand value. Wang Laoji is a fast-moving brand with very strong brand resources, but it only stays in the category of herbal tea, and it is also the pioneer of herbal tea itself. In the category of beer and liquor, there are not many advantages, and even a kind of "strategic out of focus" will be caused, which will lead to the decline of consumer recognition and other problems.
Then, after Guangzhou Pharmaceutical Group authorized the brand of Wang Laoji to Baiyun Mountain, it wantonly authorized various products to use the brand, which led to the confusion of authorized brands. Who should pay for these "chaos"?