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Zhang Li (a pseudonym) of Taizhou, Zhejiang, sued supermarkets and manufacturers because "six walnuts" didn't nourish the brain.
According to media reports, Zhang Li, influenced by the advertisement of "use your brain often and drink six walnuts more", thinks that "six walnuts" can enhance your intelligence and keep healthy. However, after buying two boxes of "six walnuts" labeled "Zhihui Health" and "Intellectual Champion" from the supermarket, Zhang Li questioned its "brain-nourishing" effect. Later, Zhang Li found that there was no record in medical classics that walnut kernel had the functions of "nourishing brain", "benefiting brain" and "strengthening brain", and its main functions were tonifying kidney, moistening lung and moistening intestine.
So Zhang Li asked the manufacturers to stop the false propaganda immediately, and asked the supermarkets and manufacturers to refund the payment and compensate the economic loss of 1000 yuan, but their appeal was rejected by the court.
Ai Caijing learned from China Judgment Document Network that before the Zhang Li case, seven people had brought the producers or sellers of "Six Walnuts" to court on the grounds that they were suspected of false propaganda, but all of them were rejected by the court.
A court in the first instance held that "six walnuts" were false propaganda.
It is understood that in the face of the accusation of "false propaganda" of nervousness, Yangyuan Zhihui Company, the manufacturer of "Six Walnuts", argued that the slogan "Always use your head and drink six more walnuts" did not express or imply that "Six Walnuts" had health care functions; The product of "six walnuts" has been widely known and recognized by consumers, and the advertising language will not have a substantial impact on whether consumers buy products; Advertising language has been audited by relevant departments, and there is no false propaganda or misleading consumer behavior.
The court held that the slogan "Use your head and drink six walnuts" has been recognized by the administrative department for industry and commerce and does not violate the relevant provisions of the Advertising Law.
Faced with the focus of this case-whether walnut kernel can nourish the brain, the court held that although the information consulted by Mr. Zhang did not clearly record the effect of walnut kernel on nourishing the brain, it did not mean that the Pharmacopoeia affirmed that eating walnut kernel would not have the effect of nourishing the brain.
The reason given by the court is that Chinese medicine scholars believe that after eating walnut kernel, tonifying kidney and filling essence, moistening lung and inflating are beneficial to nourishing brain; In the field of nutrition, there are also many experts who believe that the nutrients contained in walnut kernel are beneficial to the brain. Based on the statement in the data, it is concluded that walnut kernel does not have the effect of nourishing brain, so it is considered that there is false propaganda in the products involved and the evidence is obviously insufficient. Therefore, Zhang Li's claim was rejected, and Zhang Li did not appeal.
Ai Caijing found that Zhang Li was not the first person to question the false propaganda of "Six Walnuts".
According to the data of China Judgment Document Network, since 20 15, seven people from Shandong, Hebei, Hunan and other places, after buying the "six walnuts" drink, thought that the advertising slogan of "use your head and drink six more walnuts" was false propaganda and exaggerated the facts, so they endorsed the manufacturers or sellers of "six walnuts" or "six walnuts".
In terms of litigation requests, six people demanded a refund of the purchase price and compensation for 500 yuan; 1 person asks for refund of payment and compensation 1000 yuan. However, in the end, the court rejected the claims of seven people on the grounds of "insufficient evidence of the plaintiff".
However, it is worth noting that among the above seven people, Li Xin (pseudonym) of Yueyang City, Hunan Province "won" the lawsuit in the first instance.
At that time, the Intermediate People's Court of Yueyang City, Hunan Province held that the propaganda words "Use your head and drink six walnuts" marked on the outer packaging of "Six Walnuts" implied that the product involved the health care and therapeutic effects of brain tonic, which was enough to cause misunderstanding among ordinary rational consumers. Therefore, the advertisement belongs to misleading false propaganda and has constituted fraud to consumers. Yueyang Wal-Mart, the seller of "Six Walnuts", was ordered to fully refund the payment to Xin Li and compensate 500 yuan.
However, Yueyang Wal-Mart refused to accept the verdict, and provided multiple sets of evidence in the second trial, aiming to prove that "drinking six walnuts often and using your brain" is not false propaganda. One of the evidences accepted by the court is the reply of Hengshui Administration for Industry and Commerce and the announcement of China Industrial and Commercial News.
2065438+On September 24th, 2005, the reply from Hengshui Administration for Industry and Commerce of Hebei Province to Hebei Yangyuan Zhihui Beverage Co., Ltd. was that the slogan "Always drink six walnuts and use your brain" did not violate the advertising law. Because the department is an administrative organ with special social management functions, the determination of its terms of reference is authoritative.
Finally, according to this reply, the court revoked the punishment imposed on Yueyang Wal-Mart in the first instance and rejected Xin Li's claim.
In fact, this reply from Hengshui Administration for Industry and Commerce of Hebei Province was sent to Hebei Yangyuan Zhihui Beverage Co., Ltd. as early as the first trial. According to the civil judgment, our court accepted the first trial on September 28th, 20 15, and issued a defense on September 24th, 20 15.
It was once said that "canned food is more valuable than drinks"
Ai Caijing learned that "Six Walnuts" is the representative product of Hebei Yangyuan Zhihui Beverage Co., Ltd., which was established in 1997 and located in Hengshui City, Hebei Province. The actual controller of the company is Yao. In 20 10, the enterprise was rated as "National Integrity Demonstration Unit" and was awarded "Key Leading Enterprise of Agricultural Industrialization in Hebei Province" for many times.
From 20 15 to 20 16, the popularity of Six Walnuts increased rapidly through the title TV program.
At that time, "Six Walnuts" was exclusively named "Super Brain", a phenomenal large-scale popular science reality show of Jiangsu Satellite TV; The exclusive title of Hubei Satellite TV's first brain development program "Genius Want" has become a household name. Linked with the program names such as "Brain Power" and "Genius", and with its advertising slogans such as "Always use your brain and drink six more walnuts", "Six Walnuts" has become a "brain-nourishing drink" in the hearts of many parents.
According to many media reports, Chen Luyu, who appeared with short hair, often used his brain and drank six more walnuts, which made Yangyuan Drink pay 60 million advertising expenses on CCTV.
Ms. Zhang, who lives in Anhui, told Ai Caijing that she has always believed that "six walnuts" can replenish the brain, not only for children, but also for the elderly at home. "I usually send' six walnuts' as gifts on holidays, and my relatives are quite recognized."
In addition, some of its product lines are named "Yizhi" and "Zhihui", with the same pronunciation as "Yizhi" and "Zhi". In the introduction of its official WeChat account, there is a sentence that is "six walnuts, brain experts around you". "It's easy to think that the product has the effect of' brain'." Ms. Zhang said.
Ms. Zhang also said that she thought "six walnuts" meant that a can of drinks was made of six walnuts. But this is like shredded pork with fish flavor without fish, and there are no six walnuts in a can of "six walnuts". According to Baidu Encyclopedia, the "six" in "six walnuts" means auspicious and smooth.
However, it is undeniable that "Six Walnuts" won the favor of the market through the "wisdom" marketing strategy formed by naming various educational programs.
Wind data shows that in 2009, the business income of Yangyuan Beverage was 525 million yuan, and it reached 91170,000 yuan in 20 15 years, with a 6-year increase of 16 times.
On February 20 18, Yangyuan Beverage was successfully listed on the Shanghai Stock Exchange, but in recent years, its operating income has never been higher than 20 15. The data shows that from 20 15 to 20 18, the business income of Yangyuan beverage was 965,438+170,000 yuan, 8.9 billion yuan, 774 1 100 million yuan and 81400 million yuan respectively. The net profit attributable to shareholders of listed companies is 2.62 billion yuan, 27.4 1 billion yuan, 23. 1 billion yuan and 2.678 billion yuan respectively.
In addition, according to its semi-annual report of 20 19, the net profit of Yangyuan Beverage decreased in the first half of 20 19. During the period, the company's operating income was 3.457 billion yuan, a year-on-year decrease of 65.438+06.98%; The net profit attributable to shareholders of listed companies was 65.438+0.268 billion yuan, down 3.04% year-on-year; Deducting non-net profit was 654.38+0.26 billion yuan, down 9. 10% year-on-year.
In fact, although the performance growth is weak, Yangyuan drinks are very generous in advertising and marketing. According to its 20 18 annual report, the advertising fee and marketing fee of Yangyuan beverage from 20 17 to 20 18 reached 506 million yuan and 456 million yuan respectively.
At the same time, its R&D expenses are relatively shabby, only 1 165438+ ten thousand yuan and 2 1.46 thousand yuan, accounting for only 0. 14% and 0.26% of the operating income in the same period.
In addition, its "six walnuts" have also been vomited that "canned food is more valuable than drinks".
Yangyuan Beverage Prospectus shows that during 20 17 and1~ June, the direct material cost accounted for 9 1.75%, including 52. 18%, walnuts 23.3%, sugar 4.35% and other materials 65,438.
That is to say, it is assumed that the production cost of each can of beverage is 1 yuan, of which the material cost is 0.92 yuan. Among the materials needed for beverage production, pop can is 0.52 yuan, walnut kernel is 0.23 yuan, sugar is 0.04 yuan, and other materials are 0. 12 yuan.
In all kinds of doubts, the performance of Yangyuan drinks in the secondary market is also "losing ground". By the end of September 20 19, 18, the market value of Yangyuan beverage was 30.625 billion yuan, which was nearly half of its market value of 60.993 billion yuan on the first day of listing.