The filter is full and the packaging is strange. Who was hit in the face by the exaggerated food promotion?

Red baked lobster steamed bread, brown fried pork intestines, golden pineapple rice ... Seeing these food pictures, Zou Kai from Hedong District of Tianjin not only has no desire to "punch in", but is a little queasy, because the high saturation color makes the food look too fake.

In addition to color distortion, Zou Kai also noticed that more and more stores are packing food in exaggerated containers, such as 8 kilograms of coconut water in barrels, milk tea in infusion bags, noodles in pickle jars and crayfish.

"Why do food recommended pictures use filters? Is the strange packaging or container compliant? " Zou Kai don't understand.

Like Zou Kai, there are not a few people who don't understand the phenomenon of food over-promotion. The reporter of "Rule of Law Daily" recently searched on several food recommendation platforms and found that many consumers spit and were attracted by promotional pictures or copywriting. As a result, the food they ate was seriously inconsistent with the pictures and texts.

Many interviewed experts pointed out that when food pictures or copywriting are of an advertising nature, if the food consumed by consumers is far from the pictures, it may be suspected of false propaganda. It is suggested that stores should operate in good faith and abide by the law, improve food quality and service quality, and let consumers get real benefits and good consumption experience.

Carefully retouch the picture and recommend food.

Exaggerated packaging attracts attention.

The reporter searched for "food" on social platforms and local life platforms, and found that most of the top photos were recommended photos of food with high saturation and many filters. It is not difficult to see that these photos have been carefully composed and polished.

Some bloggers make food sharing like material storage, and every corner of the photo is full of food; In order to show the weight of food, some bloggers use large plastic transparent handbags to hold food, such as thumb fried bags, which can hold one or two hundred pieces with the words "take a bite when shopping"; Some bloggers use infusion bags of milk tea, plastic buckets of seafood, noodles and kimchi jars of crayfish to attract attention. ...

Does such food packaging meet the requirements of laws and regulations? According to Ren Chao, a professor at the School of Economics and Law of East China University of Political Science and Law, the Food Safety Law requires food producers and operators to meet food safety standards, and food directly imported should be effectively packaged or used with non-toxic and clean packaging materials and tableware. Judging from many food publicity pictures, there may be some safety hazards in related food packaging.

Chen Yinjiang, deputy secretary-general of china law society Consumer Protection Law Research Association, told reporters that if these food packages are only "strange" or "special" in appearance, it is hard to say that they have violated existing laws and regulations. However, if it is over-packaging or leads to food waste, it may violate the relevant provisions of the Consumer Protection Law and the Anti-Food Waste Law.

"The premise of diversified and personalized food promotion is that it does not violate existing laws and regulations and does not waste resources and food." Chen Yinjiang said.

Food pictures and texts are advertisements.

The picture is untrue and suspected of breaking the law.

"How many times have I come to XX just to eat this bite", "Always come to XX just to eat XX", "Fengshen series & ceiling series", "The fat sausage is wrapped in green onions, and the outside is crisp and the inside is waxy", "The taro and pineapple buns taste slippery and greasy" ...

In addition to exaggerated food pictures, many food bloggers have also carried out "beauty", but after removing the filter?

The reporter interviewed 10 consumers in Tianjin, Anhui and other places. They were all attracted by the food copy and went to the relevant stores to "punch in" to solve the problem, but they were all disappointed and bluntly said that they were "slapped".

Li Peng, from Chuzhou City, Anhui Province, recently brushed a crayfish soup bag shop with "20 soup bags in a cage, as long as 30 yuan is used" on the food recommendation platform, eager to try. As a result, he found that there were only six soup packets in a cage, and there was no complete shrimp meat in them. That evening, he went to a hot pot restaurant recommended by a food blogger and found that there were only two pieces of fat in the pot, and the weight of fried rice with cheese and kimchi was only a quarter of the recommended figure.

"The taste may vary from person to person, but the appetite can't deceive people. I no longer believe in online food recommendation. " Li Peng said.

The reporter's investigation found that some food recommendation pictures were widely seen because some bloggers bought multiple copies at a time and pretended to take one. Some bloggers brought their own ingredients, such as rolled shrimp and crayfish noodles, but in fact these ingredients were not available in restaurants.

From the online "wine pool meat forest" to the real "leftover soup", does this kind of food propaganda that is inconsistent with reality comply with relevant laws and regulations?

Ren Chao analyzed that if the publicity copy is only the personal comments of consumers, consumers have the freedom to exaggerate the comments on food, but if the publicity copy belongs to advertisements, it should comply with the relevant provisions of the Advertising Law.

"Article 3 of the" Advertising Law "proposes that advertisements should be true and legal, and the contents of advertisements should be expressed in a healthy form, which meets the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation; Paragraph 3 of Article 9 explicitly prohibits the use of words such as "superlative" and "best" in advertisements. Therefore, when the food propaganda copy is of an advertising nature, the terms' most' or' deity' and' ceiling' should not be used. " Ren Chao said.

Chen Yinjiang believes that when the food copy is an advertisement, if the food bought is far from the picture, it may be suspected of false propaganda.

"According to the Law on the Protection of Consumers' Rights and Interests, information such as the quality, performance, use and expiration date of goods or services provided by operators to consumers shall be true and comprehensive, and false or misleading propaganda shall not be made. If the goods advertised by the merchants are inconsistent with the reality, consumers may require the merchants to bear civil liability for compensation according to law; If a merchant intentionally deceives consumers through false propaganda, it may also constitute fraud. Once it is found to constitute fraud, consumers can claim compensation of three times the price. " Chen Yinjiang said.

Food publicity means advertising.

Protect consumers' right to know.

It is difficult to determine whether food promotion is an advertisement in reality.

The reporter noticed that some food recommendations on social platforms did not indicate that they were advertisements, and even some bloggers would emphasize "no extensive recommendation". The reporter also tried to complain about these food recommendations to a number of related platforms, but they were all rejected because they could not judge whether there was illegal content.

Ren Chao mentioned that it is difficult for consumers to distinguish soft advertisements in reality. Member States of the European Union require Instagram software to clearly indicate whether the videos and copywriting involved in the promotion contain advertisements, and China's advertising law has similar provisions. Therefore, advertisers, producers and operators have the obligation to show consumers that they are advertisements when advertising, so as to distinguish them from other information and not mislead consumers.

It should be noted that for mass media including the Internet, advertisements should be clearly marked with "advertisement", not just "cooperative promotion", "cooperative propaganda" and "just rice", and the word "advertisement" should be prominent. Ren Chao said.

Experts interviewed believe that consumers, platforms and relevant departments can exercise their rights and regulatory obligations in the face of this abnormal food promotion, whether it is advertising or not.

"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, to obtain food safety information from relevant departments, and to put forward opinions and suggestions on food safety supervision and management. At the same time, Article 94 of the Law refers to the advertising law for making false propaganda on food quality and deceiving consumers in advertisements. Faced with exaggerated and wonderful food propaganda, consumers have the right to know the truth and report to Internet service providers and market supervision and management departments. After receiving the relevant notice with the preliminary certificate, the network service provider shall take necessary measures such as deletion and removal in time. " Ren Chao said.

In Chen Yinjiang's view, Qiqi's food publicity may indeed have certain publicity effect in the short term, but in the long run, it will not only fail to bring consumers a good consumption experience, but also hit the face of the enterprise, affect the positive image of the brand, and may even be suspected of violating existing laws and regulations and public order and good customs, so that the enterprise will bear unpredictable consequences.

"It is understandable for enterprises to carry out normal marketing activities, but the premise is that they must abide by laws and regulations, abide by public order and good customs, and do not harm the legitimate rights and interests of consumers. Enterprises should operate in good faith and abide by the law, focus on improving product quality and service quality, so that consumers can get tangible benefits and good consumption experience, truly enhance brand reputation and promote the healthy development of enterprises. " Chen Yinjiang said.