The new advertising law implemented on 20 15 clearly stipulates that TV stations are not allowed to publish advertisements of medical care, medicines, medical devices and health food in disguised form by introducing health knowledge. As an inheritor of Miao medicine, an expert from Peking University and a descendant of Mongolian medicine, Liu Hongbin recommended many kinds of medicines and health products. Can experts speak for drugs and health care products?
"No matter whether the experts are true or false, whether it is marked with' advertising' or not, this disguised medical advertisement is illegal." Liu, a law professor at the Central University of Finance and Economics, said: "When consumers see drugs or health products recommended in health programs, they should be vigilant."
Liu said that one of the highlights of the new advertising law is the specific provisions on advertising endorsement. Advertisements for medical treatment, medicines, medical devices and health food shall not have the recommendation or proof of the advertising spokesperson. In other words, real experts can't speak for drugs and health care products, and pretending to be experts is even more outrageous.
Illegal endorsement will face punishment. According to the advertising law, the administrative department for industry and commerce will confiscate the illegal income and impose a fine of more than one time but less than two times the illegal income. "Some experts pretend to be members of an institution for endorsement, which also infringes the reputation of the institution and bears corresponding legal responsibilities." Liu said:
Experts invited by regular medical and health programs, according to the provisions of the State Administration of Press, Publication, Radio, Film and Television, must have the corresponding professional qualifications recognized by the state and the corresponding professional deputy senior or above titles, and give truthful tips in the program.
According to industry insiders, false advertisements for medical and health products have formed a gray industrial chain. As advertisers, pharmaceutical companies hire advertising operators such as film and television production companies to shoot "feature films" and then release them to TV stations for purchase. Film and television production companies are responsible for inviting presenters and experts. So how do you define the responsibilities of all parties in this chain?
"Advertisers who publish false advertisements, deceive and mislead consumers, and harm the legitimate rights and interests of consumers shall bear civil liability according to law, which is also the primary responsibility. If an advertising agent, publisher or spokesperson knows or should know that it is a false advertisement, they shall bear joint liability with the advertiser. " Liu said:
According to the Administrative Measures for Broadcasting of Radio and Television Advertisements, it is forbidden to publicize the cure rate and efficiency of radio and television advertisements of drugs, medical devices, medical care and health information, or to use the images of doctors, experts, patients and public figures as proof of curative effect. Radio and television stations (including radio and television stations) and other radio and television broadcasting institutions have illegal acts, and the administrative department of radio, film and television of the people's government at or above the county level shall order them to stop the illegal acts or order them to make corrections, give them a warning and may impose a fine of not more than 30,000 yuan; If the circumstances are serious, the original issuing authority shall revoke the license of radio and television channels and the license of radio and television broadcasters.
At present, the State Administration for Industry and Commerce has announced that it will play the role of an inter-ministerial joint meeting mechanism to rectify false and illegal advertisements, and conduct special research with the State Administration of Press, Publication, Radio, Film and Television, the US Food and Drug Administration, the Health and Family Planning Commission, the Administration of Traditional Chinese Medicine, the Ministry of Public Security and other member units. All departments will investigate and deal with "medical advertising performance experts" according to their respective functions.