Punishment of the propaganda effect of food labels

Failing to publish false advertisements as required, the market supervision and management department shall order it to stop publishing advertisements, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than three times and less than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed. If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.

1. If there are two items of false propaganda, the fine will be increased by 5,000 yuan, and the fine will be increased by 5,000 yuan for each additional item in the future;

2. If the business amount caused by false propaganda reaches 50,000 yuan, an additional fine of 1 10,000 yuan will be imposed; If it exceeds 50,000 yuan, a fine of 1000 yuan will be imposed for each additional 5,000 yuan;

3. If the false propaganda behavior lasts for three months, the fine will be increased by 6,543.8+0,000 yuan; If it is more than three months, a fine of 3,000 yuan will be imposed for each increase of 1 month;

4, the use of advertising for false propaganda, advertising costs reached 5000 yuan, an increase of 5000 yuan fine; If it exceeds 5,000 yuan, a fine of 2,000 yuan will be imposed for each increase of 1000 yuan.

What are the provisions of the Anti-Unfair Competition Ordinance?

1. An operator shall not counterfeit the registered trademark of others:

(1) Use the same trademark as its registered trademark on the same or similar goods without the permission of the registered trademark owner;

(2) selling goods that are knowingly counterfeit registered trademarks of others;

(3) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks.

2. Operators shall not use the unique name, packaging and decoration of well-known commodities without authorization, or use the name, packaging and decoration similar to those of well-known commodities, thus causing confusion with other people's well-known commodities and making buyers mistake the well-known commodities.

The well-known commodities mentioned in this article refer to the following commodities:

(1) Goods that have won prizes in international awards activities recognized by relevant departments in China;

(2) Being recognized as a famous commodity by government departments, industry organizations or consumer associations at or above the provincial or ministerial level;

(3) Commodities that have been recognized by consumers and enjoyed a long-standing reputation in relevant markets;

(4) Other commodities widely publicized in relevant markets and enjoying high reputation.

3. Operators shall not use other people's enterprise names without authorization, so that people may mistake them for other people's goods.

4. Operators shall not use forgery or fraud to make misleading false representations about the quality of commodities:

(1) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities;

(two) continue to use the certification mark or brand-name mark after being revoked;

(3) The certification mark or brand-name mark used is inconsistent with the certification mark or brand-name mark actually obtained;

(4) Forging or fraudulently using the quality inspection certificate, license number or producer;

(5) Forging or using others' factory name, address, commodity processing place, manufacturing place and production place (including the growth place or breeding place of agricultural and sideline products);

(6) Forging commodity specifications, grades, production ingredients, names and contents;

(seven) forgery of production date, safe use period or expiration date.

5, public enterprises or other operators with exclusive status according to law, shall not take the following acts to restrict competition:

The Regulations on Anti-Unfair Competition stipulates that those who engage in acts of unfair competition against organizations and individuals, including using watches similar to their goods without the permission of others, or selling related goods that are known to be counterfeit trademarks and forging other people's trademarks, will be investigated for criminal responsibility according to law.

Legal basis:

Article 55 of the Advertising Law of People's Republic of China (PRC) Municipality publishes false advertisements in violation of the provisions of this Law, and the market supervision and management department shall order it to stop publishing advertisements, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than three times and less than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed; If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.

If a medical institution commits an illegal act mentioned in the preceding paragraph, and the circumstances are serious, the administrative department of health may revoke the medical institution's diagnosis and treatment subjects or practice license, in addition to being punished by the market supervision and management department in accordance with this law.

Advertising agents and publishers who design, produce, act as agents and publish advertisements knowing or should know that advertisements are false shall be confiscated by the market supervision and management department, and shall be fined between three times and five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed. If there are more than three 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 expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than one million yuan but not more than two million yuan shall be imposed, and the relevant departments may suspend the advertising business and revoke the business license.

Advertisers, advertising agents and publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility according to law.