【Case】Soybean milk powder falsely publicized "0 sucrose low sugar" A company in Shanghai was fined 20,000 yuan

Facts of violation

 

When Shanghai ****** Company sold original soybean milk powder in the flagship store of Douyin***, as an advertiser published the slogan of "0 sucrose low sugar" on the web page, and the total sugar content of the product after inspection (in terms of sucrose) was 34.
4%, so the product did not belong to "0 sucrose"; According to the "General Principles of Prepackaged Food Nutrition Labeling of Food Safety National Standards" (GB28050-2011), it is claimed that the content requirement of low sugar is ≤5g/100g (solid) or 100ml (liquid), and the total sugar content of the product operated by the parties is 34.
4%, and it is a solid powder, that is, ≤5% can be called low sugar, so the product does not meet the "low sugar" standard
.
In summary, the promotional slogan of "0 sucrose low sugar" published on the website of the party concerned is a false advertisement
.

Penalty result

 

Fined RMB 20,000 yuan
.

 

Shanghai Songjiang District Market Supervision and Administration Bureau

Administrative punishment decision

 

Shanghai Municipal Supervision and Loosening Department [2022] ********

 

Party: Shanghai ****** Company

 

Name of subject qualification license: Business license

 

Unified Social Credit Code (Registration Number):********

 

Residence (address): Songjiang District, Shanghai ** Road

 

On June 6, 2022, our bureau received a report that Shanghai ******** Company sold original soybean milk powder in the flagship store of Douyin store ***, and released the slogan of "0 sucrose low sugar", and the actual inspection of the total sugar content was 34.
4%, which was suspected of violating the provisions of item (2) of article 28, paragraph 2 of the Advertising Law of the People's Republic of China, and the bureau filed a case investigation
against the false publicity of the parties in accordance with the law.
During the course of the investigation, relevant evidentiary materials were collected in accordance with law, and a record of the interrogation was made, during which no compulsory measures
were taken against the parties.

 

After investigation, it was confirmed that the parties were established on December 11, 2019, mainly engaged in the business activities
of soybean milk powder.
In order to increase sales, when the parties sold the original soy milk powder in the Douyin *** flagship store in March 2022, as an advertiser published the slogan of "0 sucrose low sugar" on the web page, and the total sugar content (in terms of sucrose) of the product was 34.
4% after inspection, so the product did not belong to "0 sucrose"; According to the "General Principles of Prepackaged Food Nutrition Labeling of National Food Safety Standards" (GB28050-2011), it is claimed that the content requirement of low sugar is ≤5g/100g (solid) or 100ml (liquid), and the total sugar content of the product operated by the parties is 34.
4%, and it is a solid powder, that is, ≤5% can be called low sugar, so the product does not meet the "low sugar" standard
.
In summary, the promotional slogan of "0 sucrose low sugar" published on the website of the party concerned is a false advertisement
.
The above slogan is published by the employees of the parties concerned and cannot be counted separately for advertising costs
.

 

After the incident, the parties actively rectified and revoked the above slogans, which did not cause adverse social impact
.

 

The above facts are proved
by relevant "Inquiry Record", a copy of the business license provided by the parties, an inspection report and other evidence.

 

On July 28, 2022, the Bureau issued and served the Shanghai Municipal Supervision and Administration Notice of Administrative Punishment of the Shanghai Songjiang District Market Supervision and Administration Bureau [2022] *********** to the parties in accordance with the law, informing the parties of the facts, reasons, basis, content of the penalties and the right to make statements and defenses in accordance with the law, and the parties did not submit statements and defenses within the statutory time limit, so it was deemed that the parties had waived the above rights
.

 

The Bureau believes that the above-mentioned acts of the parties violate Article 28, Paragraph 2 (2) of the Advertising Law of the People's Republic of China, "If an advertisement deceives or misleads consumers with false or misleading content, it constitutes false advertising
.
" 。 (2) Information such as the performance, function, place of origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status, and honors of the goods, or information such as the content, provider, form, quality, price, sales status, and honors of the service, as well as information such as promises related to the goods or services, that are inconsistent with the actual situation and have a substantial impact on the purchase behavior
.

 

In view of the parties' active cooperation with the market supervision department's investigation, and the active rectification after the occurrence of the case, which has not caused a negative impact on society, according to Article 32 (1) of the Administrative Punishment Law of the People's Republic of China, "The parties shall mitigate or mitigate the administrative punishment in any of the following circumstances: (1) Actively eliminate or mitigate the harmful consequences of the illegal conduct", the above-mentioned illegal acts of the parties shall be mitigated in accordance with law
.

 

According to the first paragraph of Article 55 of the Advertising Law of the People's Republic of China, "Whoever, in violation of the provisions of this Law, publishes false advertisements, shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, order the advertisers to eliminate the impact within the corresponding scope, and impose a fine of not less than three times but not more than five times the advertising costs, and where the advertising expenses cannot be calculated or are obviously low, a fine of between 200,000 and 1 million yuan shall be imposed; Where there are three or more illegal acts or other serious circumstances within two years, a fine of not less than five times but not more than ten times the advertising cost shall be imposed, and where the advertising cost cannot be calculated or is obviously low, a fine of between one million yuan and two million yuan may be imposed, the business license may be revoked, and the advertising review organ shall revoke the advertising review approval documents and not accept the application for
advertising review within one year.
According to the first paragraph of article 28 of the Administrative Punishment Law of the People's Republic of China, "when an administrative organ carries out an administrative punishment, it shall order the parties concerned to make corrections or correct the illegal acts
within a time limit.
" ", in addition to ordering the parties to make corrections, proposes to reduce the penalties imposed on the parties as follows:

 

Fined RMB <>,<> yuan
.

 

The parties are hereby required to:

 

Within 15 days from the date of receipt of this decision, carry this decision and hand over the fine of 20,000 yuan to the specific collection agencies
of the major commercial banks in the city.
If the fine is not paid within the time limit, in accordance with the provisions of item (1) of the first paragraph of article 72 of the Administrative Punishment Law of the People's Republic of China, our bureau may impose a fine of 3% of the amount of the fine every day, and apply to the people's court for compulsory enforcement
in accordance with law.

 

If the parties are not satisfied with this decision, they may apply for administrative reconsideration to the People's Government of Songjiang District within 60 days of receiving this decision; A lawsuit
may also be filed with the Minhang District People's Court within 15 days in accordance with law.

 

During the period of applying for an administrative reconsideration or initiating an administrative lawsuit, the enforcement
of the administrative punishment shall not be suspended.
If we do not apply for administrative reconsideration or file a lawsuit with the court within the time limit, and do not perform the administrative punishment decision, our bureau may apply to the people's court for compulsory enforcement
.

 

Shanghai Songjiang District Market Supervision and Administration Bureau

 

(Seal)