The legality and truthfulness of food advertisements are of great significance for protecting consumers' right to know and choose. Article 73 of the newly revised Food Safety Law stipulates: "The contents of food advertisements shall be true and lawful, and shall not contain false contents, and shall not involve the functions of disease prevention and treatment. Food producers and operators are responsible for the authenticity and legality of food advertisements.
the food and drug supervision and administration department of the people's government at or above the county level and other relevant departments, food inspection agencies and food industry associations shall not recommend food to consumers by advertising or other forms. Consumer organizations may not recommend food to consumers by charging fees or other ways to gain benefits. " To understand the above food advertising management system, we need to combine the relevant provisions of the new advertising law promulgated on April 24, 2115 on the same day as the newly revised food safety law.
(1) general provisions of the advertising law on food advertising. The first is the meaning of advertising-related concepts. Advertising refers to the commercial activities in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms. Advertisers refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others to promote goods or services.
advertising agents refer to natural persons, legal persons or other organizations entrusted to provide advertising design, production and agency services. Advertising publishers refer to natural persons, legal persons or other organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers. Advertising spokespersons refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify goods and services in their own names or images in advertisements.
second, advertisements should be true. Advertisements shall be true and lawful, and shall not contain false contents, and shall not deceive or mislead consumers. Advertisers should be responsible for the authenticity of advertising content. The third is the meaning and scope of false advertising. An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.
the following advertising situations are false advertisements: (1) goods or services do not exist; (2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status, won honors, etc. of the goods, or information such as the content, provider, form, quality, price, sales status, won honors, etc. of the services, as well as promises related to the goods or services, are inconsistent with the actual situation and have a substantial impact on the purchase behavior; (3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as supporting materials; (4) Fictitiously using goods or receiving services; (5) Other circumstances that deceive or mislead consumers with false or misleading contents.
Fourth, food advertisements should not involve the function of disease treatment, and should not use medical terms or terms that easily confuse the promoted food with medicine. (2) Examination of health food advertisements. Before the publication of health food advertisements, the relevant departments shall examine the contents of the advertisements in accordance with the relevant laws and administrative regulations. It shall not be published without trial.
when an advertiser applies for advertisement examination, it shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations. The advertising examination organ shall make an examination decision in accordance with laws and administrative regulations, and send the examination and approval documents to the administrative department for industry and commerce at the same level. The advertising examination organ shall promptly announce the approved advertisements to the public.
no unit or individual may forge, alter or transfer the advertisement examination and approval documents. (3) Special provisions on alcohol advertisements. Alcohol advertisements shall not contain: (1) inducing, encouraging or promoting excessive drinking; (2) drinking; (3) the performance of driving cars, boats, planes and other activities; (4) Express or imply that drinking can eliminate tension and anxiety and increase physical strength.
advertisements for health food and alcohol should not be published in the mass media aimed at minors. (four) the administrative legal responsibility of illegal food advertising. (1) Administrative legal responsibility for food false advertisements. Those who illegally publish false advertisements shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and be fined between three times and five times of the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, they shall be fined between 211,111 yuan and 1 million yuan. If there are more than three illegal acts within two years or there are other serious circumstances, a fine of five times to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or obviously low, a fine of one million yuan to two million yuan shall be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination and refuse to accept its application for advertising examination within one year.
(2) the administrative legal responsibility of food-related illegal advertisements and false advertisements. The Advertising Law clearly stipulates that those who illegally publish advertisements for baby dairy products, beverages and other foods that claim to replace breast milk in whole or in part, or illegally publish advertisements for health food and alcohol in the mass media aimed at minors, shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertiser shall be fined more than 211,111 yuan but less than 1 million yuan. If the circumstances are serious, the business license may be revoked, and the advertising examination and approval documents shall be revoked by the advertising examination organ, and the application for advertising examination shall not be accepted within one year. For advertising agents and publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than 211,111 yuan but not more than 1 million yuan. If the circumstances are serious, the business license and the registration certificate for advertising publication may be revoked.
(5) The relevant provisions of the newly revised Food Safety Law on advertising. Regarding the supervision, management and legal responsibility of food advertisements, the newly revised Food Safety Law is consistent with the Advertising Law, which mainly emphasizes the following three aspects: First, the contents of food advertisements should be true and legal, and should not contain false contents, and should not involve the functions of disease prevention and treatment.
food producers and operators are responsible for the authenticity and legality of food advertisements. Second, the food and drug supervision and administration department of the people's government at or above the county level and other relevant departments, food inspection agencies and food industry associations shall not recommend food to consumers by advertising or other forms. Consumer organizations shall not recommend food to consumers by charging fees or other ways to seek benefits.
thirdly, advertisements stipulated in the food safety law violate legal responsibilities: (1) Those who violate the provisions of the food safety law, make false propaganda about food in advertisements, deceive consumers, or publish health food advertisements without approval documents, and the contents of advertisements are inconsistent with the approval documents, shall be punished in accordance with the provisions of the Advertising Law of the People's Republic of China.
(2) advertising operators and publishers who design, produce and publish false food advertisements, thus harming the legitimate rights and interests of consumers, shall be jointly and severally liable with the food producers and distributors. (3) Social organizations, other organizations and individuals who recommend food to consumers in false advertisements or other false propaganda, thus damaging the legitimate rights and interests of consumers, shall be jointly and severally liable with food producers and operators.
in addition, the newly revised food safety law also emphasizes four aspects: first, the examination and approval of health food advertisements and regulatory requirements. The advertisement of health food should state that "this product cannot replace medicine"; Its contents shall also be examined and approved by the food and drug supervision and administration department of the people's government of the province, autonomous region or municipality directly under the Central Government where the production enterprise is located, and the approval documents for health food advertisements shall be obtained.
the food and drug supervision and administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall publish and update the approved advertising catalogue of health food and the approved advertising contents in time. The second is the advertising requirements of formula food for special medical purposes. Paragraph 2 of Article 81 of the Food Safety Law stipulates: "Advertising of formula food for special medical purposes shall be governed by the Advertising Law of the People's Republic of China and other laws and administrative regulations on the administration of drug advertising.
"The contents of drug advertisements in the new advertising law include: (1) Special drugs are not allowed to be advertised. The first paragraph of Article 15 of the Advertising Law stipulates that special drugs such as narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, pharmaceutical precursor chemicals, and drugs, medical devices and treatment methods for drug rehabilitation shall not be advertised.
(2) Prescription drugs can only be introduced in medical and pharmaceutical journals. Prescription drugs other than special drugs can only be introduced in the medical and pharmaceutical professional journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council. (3) Drug advertisements shall not contain: assertions or guarantees indicating efficacy and safety; Explain the cure rate or effective rate; Compared with the efficacy and safety of other drugs or other medical institutions; Use advertising spokespersons for recommendation and proof; Other contents prohibited by laws and administrative regulations.
The contents of drug advertisements shall not be inconsistent with the instructions approved by the drug supervision and administration department of the State Council, and the contraindications and adverse reactions shall be clearly marked. (4) Prescription drug advertisements should be clearly marked "This advertisement is only for medical and pharmaceutical professionals to read", and non-prescription drug advertisements should be clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists".
(5) Radio stations, TV stations, audio-visual publishing units of newspapers and periodicals, and Internet information service providers are not allowed to publish drug advertisements in disguised form by introducing health and health preservation knowledge. (6) Drug advertisements shall not be published in the mass media aimed at minors. (7) Drug advertisement review. Before the release of drug advertisements, the relevant departments shall examine the contents of advertisements in accordance with the provisions of relevant laws and administrative regulations; Without review, it shall not be published.
when an advertiser applies for advertisement examination, it shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations. The advertising examination organ shall make an examination decision in accordance with laws and administrative regulations, and send the examination and approval documents to the administrative department for industry and commerce at the same level. The advertising examination organ shall promptly announce the approved advertisements to the public.
no unit or individual may forge, alter or transfer the advertisement examination and approval documents. The third is the administrative punishment of the advertising spokesperson. In violation of the provisions of the Food Safety Law, food and drug supervision and management departments, food inspection agencies, food industry associations and consumers' associations recommend food to consumers by advertising or other forms, the illegal income shall be confiscated by the relevant competent departments, and the directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions such as gross demerit, demotion or dismissal according to law; If the circumstances are serious, the punishment of dismissal shall be given.
Fourth, the food and drug regulatory authorities are responsible for market control and administrative punishment of illegal food producers and operators who publish false advertisements.
if the food is falsely publicized and the circumstances are serious, the food and drug supervision and administration department of the people's government at or above the provincial level shall decide to suspend the sale of the food and make it public; If the food is still sold, the food and drug supervision and administration department of the people's government at or above the county level shall confiscate the illegal income and the illegally sold food and impose a fine of not less than 21,111 yuan but not more than 51,111 yuan.
1. Appropriate advertising space
Food is usually geared to the public, so when choosing advertising space, advertisers can choose the page advertisement in the video playing frame. This advertising space is the golden position of Youku advertisement, which can achieve the advertising exposure that advertisers want, and the advertisement here is paid according to click, and every investment of advertisers can bring practical results.
this advertisement of adorable is also about choosing a video playing page, which is really attractive!
Second, the production of advertising materials
The production of advertising materials can directly show the allure of food, but it is necessary to show the characteristics of advertisements, such as Cute Duo, and use the animated characters that women like at present to actually grab a large number of fans to buy.
Third, multi-screen integration of advertisements
Advertisers can choose not only crowd orientation, but also device orientation to realize multi-screen advertisement display of PC, mobile and PAD. It can not only effectively ensure the exposure rate of advertisements, but also effectively realize the intelligent delivery of advertisements.
Every time we watch the video, we can see all kinds of food advertisements. Just at this moment, when Xiaobian opened the Youku video, it was nothing to see the advertisement of Cute Duo. But when Xiaobian saw that Cute Duo's spokesperson was a favorite novel character, Xiaobian immediately decided to buy Cute Duo!
how can food be advertised and promoted in youku? Let's discuss it together.
1. Appropriate advertising space
Food is usually geared to the public, so when choosing advertising space, advertisers can choose the page advertisement in the video playing frame. This advertising space is the golden position of Youku advertisement, which can achieve the advertising exposure that advertisers want, and the advertisement here is paid according to click, and every investment of advertisers can bring practical results.
this advertisement of adorable is also about choosing a video playing page, which is really attractive!
Second, the production of advertising materials
The production of advertising materials can directly show the allure of food, but it is necessary to show the characteristics of advertisements, such as Cute Duo, and use the animated characters that women like at present to actually grab a large number of fans to buy.
Third, multi-screen integration of advertisements
Advertisers can choose not only crowd orientation, but also device orientation to realize multi-screen advertisement display of PC, mobile and PAD. It can not only effectively ensure the exposure rate of advertisements, but also effectively realize the intelligent delivery of advertisements.