The reporter learned through interviews that the product is actually an ordinary "far infrared analgesic patch", which only has an auxiliary treatment effect on pain, and its advertisement is suspected of false propaganda and other illegal acts. At present, due to the alleged publication of false advertisements, "Zhang Lame Plaster" may face investigation by the regulatory authorities.
Complaint: the advertisement of "a lame plaster" has gone up in the sky.
Consumers reported that in July this year, they saw a product called "Zhang Lame Plaster" through TV advertisements, which can treat various rheumatic bone diseases. The product in the advertising language has amazing efficacy, claiming that it is made of 89 kinds of Chinese herbal medicines through the secret recipe of "three steaming, nine boiling, seven fire and five cooling", which is passed down from generation to generation. The inventor even claimed that this plaster has a unique skill in treating rheumatic osteopathy, which can penetrate seven layers of bones, pull out the poison and repair it, and prevent recurrence. Using Changbai Mountain wild medicinal materials and Changbai Mountain volcano magnet as a guide to wear medicine, just like "rocket delivering medicine", you can wear seven layers, one paste to ensure that the bones are not painful, and then paste to ensure that the tendons are not painful. Three or four pastes can move around the neck, shoulders, waist and legs to bid farewell to rheumatic osteopathy. Can be used for rapidly treating rheumatic bone diseases such as cervical spondylosis, lumbar disc herniation, hyperosteogeny, degeneration, scapulohumeral periarthritis, ankylosing spondylitis, rheumatism, rheumatoid arthritis, lumbar muscle strain, femoral head necrosis, joint swelling and deformation, fracture, various traumatic injuries, postpartum wind, etc.
"The advertisement also said that the top 50 callers could get half price, so I spent nearly 1,000 yuan to buy two boxes. However, after using it for a month, I felt nothing except a little hot, let alone pain relief and treatment. At that time, I felt cheated. " Mr. Luo said in an interview.
On the product description of "Zhang Qizi Plaster" provided by the complainant, the reporter saw that "Zhang Qizi" was the trademark name, but the product was actually called "Far infrared analgesic plaster". The trademark holder is Liaoning "Anshan Zhong Yi Tongying Pharmaceutical Investment Co., Ltd." and the manufacturer is Anhui Zhongkang Pharmaceutical Co., Ltd. According to the reporter's inquiry, this plaster is made by evenly mixing medical adhesive or medical hot melt adhesive with a certain proportion of far-infrared ceramic powder and coating it on elastic fabric, white plain cloth or non-woven fabric to prevent it from sticking to isolation paper. It mainly uses the warm effect of far infrared rays emitted by far infrared ceramic powder with a certain wavelength to improve microcirculation, promote blood circulation and enhance the vitality of cells, which is inconsistent with the role of advertising.
The query network found that "Zhang Qizi Plaster" had been punished before: 20 19 was suspected of violating the advertising law because it was objective, untrue, wantonly exaggerated and falsely described in the published advertisement, and was investigated and punished by the market supervision department of Qidong County, Hunan Province according to law, and fined132,000 yuan.
Unannounced visit: the propaganda of "89 Chinese herbal medicines" actually does not contain any Chinese herbal ingredients.
On September 2 1, the reporter made an unannounced visit to Anhui Zhongkang Pharmaceutical Co., Ltd. located in Yingdong Economic and Technological Development Zone, Fuyang City, Anhui Province on the grounds of distributing products.
In the sales department on the third floor, a salesperson surnamed Yao said after seeing the packaging box of "Zhang Lame Plaster" provided by the reporter that the product is an OEM product mass-produced by the company according to the needs of dealers. Regarding the specific work and responsibility distribution, the sales staff revealed that the production enterprise is responsible for the advertising approval procedures, and the advertising content is produced by the sales company itself. Regarding the therapeutic effect of "Zhang Lame Ointment", the staff said: "This product is a medical device, does not contain any medicinal ingredients, and only adds mint at most, which is an auxiliary function for pain treatment." According to the staff, the sole distributor of "Zhang Lame Plaster" is a company in Northeast China. The specific situation is unclear because it is not a directly responsible customer.
The reporter noticed that there are many boxes of "Zhang lame plaster" product sample boxes in the office.
Anhui Fuyang Yingdong Market Supervision Bureau: it is inconsistent with the approved review content.
As a local supervision department, yingdong district Market Supervision Bureau in Fuyang, Anhui Province has conducted effective daily supervision on this enterprise? Do you know that the company has exaggerated publicity and other behaviors?
On September 2 1 day, with these questions, the reporter came to Fuyang yingdong district Market Supervision Bureau for an interview. Regarding the relevant questions interviewed by reporters, Tian said that he would give a written reply to reporters after the investigation.
On September 23rd, yingdong district Market Supervision Administration of Fuyang City, Anhui Province sent a circular to the reporter entitled "Reply on Reporting Alleged False Propaganda and Verification of Anhui Zhongkang Pharmaceutical Co., Ltd.".
The reply said that the far-infrared analgesic ointment produced by Anhui Pharmaceutical Co., Ltd. was marked as "Zhang Qiqu". The manufacturer is Anhui Zhongkang Pharmaceutical Co., Ltd., the production address is No.3 Dongxing Road, Yingdong Economic Development Zone, Fuyang City, and the production license number is Anhui American Food and Drug Administration 20 170026. This product is a second-class medical device, and it was called "Zhang Cricket Ointment" in the report letter.
The far-infrared analgesic plaster produced by Anhui Zhongkang Pharmaceutical Co., Ltd. is licensed by Anshan Zhong Yi Tongying Pharmaceutical Investment Co., Ltd., and both parties have signed a trademark license contract, and in the sales contract, it is clear that Anshan Zhong Yi Tongying Pharmaceutical Investment Co., Ltd. is the sole distributor, and it is not allowed to exaggerate publicity by advertisements. If the advertisement exaggerates the propaganda, all the consequences will be at your own risk.
Anshan Zhong Yi Tongying Pharmaceutical Investment Co., Ltd. is the general agent of "Zhanggaizi" far-infrared analgesic ointment products. In the process of sales between the two parties, Anhui Zhongkang Pharmaceutical Co., Ltd. provided the Company with the Decision of Advertising Examination and Approval (No.220 [2020] of Anhui Provincial Market Supervision Administration), but did not entrust the Company to carry out product advertising. Comparing the advertisement video pictures released by law enforcement officers in the mass media through Consumer Daily reporter "Zhang lame plaster" with the advertisement review content (No.220, 2020), it is found that the propaganda content in the video advertisement pictures and a large number of advertisements marked as "Zhang lame plaster" are inconsistent with the advertisement review content.
The verification reply also stated that Anhui Zhongkang Pharmaceutical Co., Ltd. stated in the "Description on False Propaganda of Zhangquezi Far-infrared Pain Relief Sticker" submitted to our bureau on September 2, 2020: "Our company has not entrusted any provincial, city and county radio and television stations, newspapers, magazines and other media to publish advertisements for this product. For radio stations, TV stations and other media that publish false advertisements of products without our company's authorization, our company will investigate their relevant responsibilities according to law and earnestly safeguard our company's good image. "
According to the Interim Measures for Handling Complaints and Reports in Market Supervision and Management, the first paragraph of Article 28 "Reports of illegal advertisements published by mass media such as radio, movies, television, newspapers, periodicals and the Internet shall be handled by the market supervision and management department where the advertisement publisher is located. If the market supervision and administration department where the advertisement publisher is located has difficulties in handling the reports of advertisers and advertising operators in different places, it may transfer the reports to the market supervision and administration department where the advertisers and advertising operators are located. "
Suggestion in reply: The whistleblower should report to the market supervision department of the place where the alleged false propaganda behavior occurred in time. After investigation and evidence collection, the local market supervision department will transfer the clues of the case to our bureau for investigation and verification.
The bureau provided Anhui Zhongkang Pharmaceutical Co., Ltd. with business license, medical device production license, advertisement examination permission decision, and a copy of trademark use license contract.
Liaoning Provincial Market Supervision Bureau: The column lecture is suspected of publishing illegal medical device advertisements in disguise.
According to the requirements of the relevant departments of Liaoning Provincial Market Supervision Administration, on September 23, the reporter faxed the interview outline and other relevant interview materials to the Press and Publicity Department of Liaoning Provincial Market Supervision Administration.
On September 29th, the person in charge of the Press and Publicity Department of Liaoning Provincial Market Supervision Bureau said in the Notes on the Handover of Monitoring Clues of "Zhang Lame Plaster" (pictured) that the advertising monitoring platform of the provincial bureau conducted a spot check in early September and found that the XX channel in Liaoning released a lecture on "Zhang Lame Plaster", which was suspected of publishing medical device advertisements in disguise in the name of introducing health knowledge. On September 24th, our bureau ordered the TV stations involved. On September 25th, a letter of supervision on illegal clues was sent to the Advertising Department of Shenyang Municipal Market Supervision Administration, demanding that a lecture on "Zhang Lame Plaster" be organized immediately, and the behavior of publishing medical device advertisements in disguised form in the name of introducing health knowledge was investigated. At the same time, Liaoning Radio and Television Station was issued with the Notice of Providing Materials within a Time Limit, requiring it to provide the relevant approval documents for the lecture of Zhang Lame Plaster and the relevant review documents for the advertisement of medical devices. On September 25th, the working mechanism of the joint conference on rectifying false and illegal advertisements in the whole province was implemented, and the monitoring of the suspected illegal advertisements in the lecture of "Zhang Lame Plaster" was notified to Liaoning Radio and Television Bureau. At present, the spot check monitoring of the advertising monitoring platform of the provincial bureau has not found that the lecture of "Zhang lame plaster" continues to be broadcast.
The reporter inquired about the relevant information of Anshan Zhong Yi Tongying Pharmaceutical Investment Co., Ltd. from the national enterprise credit information publicity system. On September 27, the reporter called the company to disclose its contact information, but the phone has been unable to connect. After the reporter sent the interview materials according to his registered address, it also showed that the sending was unsuccessful.