The situation of advertising in general, and advertising of functional foods in particular, in violation of the law, is still complicated, although the Food Safety Department (Food Safety) and the Ministry of Health regularly check and handle it.
In addition, there is the phenomenon of some artists and celebrities participating in the promotion and introduction of products that often exaggerate their uses, especially with dietary supplements… causing irritation in public opinion. These acts need to be condemned and strictly handled in accordance with the law.
Don’t advertise… dose In addition to participating in advertising on the mass media, some artists and celebrities also introduce products through livestreams on social networks. In addition to food supplements, they also accept advertisements for many products related to cosmetics, virtual currency… Recently, the public has been very upset with the fact that some artists have participated in advertising and hyped the public. Shioka effervescent tablets claim that the product can “dissolve fibroids, cysts”. After being criticized, some people had to apologize or silently delete promotional videos on their personal social networking sites. On the website of the Food Safety Department at vfa.gov.vn, people are constantly warned not to buy or use food products advertised in violation of the law, including Shioka effervescent tablets. as above. Recently, the Food Safety Department has sanctioned 3 violating companies (with addresses in Hanoi), specifically: Sanctioning Locifa Pharmaceutical Joint Stock Company 162 million VND; Gob International Hi-Tech Joint Stock Company 150 million VND; Phamaco International Trading Company Limited 60 million VND. The violation committed by all three companies is to advertise misleading health food products that act as medicines. Assessing this situation, Assoc. Prof, Dr. Nguyen Thanh Phong, Director of the Food Safety Department said: “Violations on advertising of dietary supplements are increasingly complicated even though we regularly check and handle them. The inspection and handling of infringing advertisements on the internet and social networks face many difficulties and take a long time. People need to raise their vigilance, when they have an illness, they should go to the hospital for early examination and treatment, do not arbitrarily buy drugs or floating advertising food products.” Lawyer Dang Van Cuong, Chief of the Law Office of Chinh Phap, Hanoi Bar Association said: “It is very normal for artists and celebrities to sign advertising contracts for brands and businesses to help them. have additional legitimate income. However, when participating in advertising, artists must be responsible and carefully study the legal regulations in order to advertise properly and bring positive effects. If an artist or celebrity accidentally or intentionally violates the provisions of the Law on Advertising, advertises prohibited products, goods or services, or performs prohibited acts in advertising or advertising without knowing If you clearly understand the use and value of the product, falsely advertise, etc., it will have very bad consequences for society and lose your reputation, and even be held responsible before the law.” Strictly handle violations Regarding this issue, recently, the Ministry of Culture, Sports and Tourism issued Official Letter No. 1854/BVHTTDL-NTBD requesting localities to step up the propaganda, dissemination and education of the sense of law observance. the law on performing arts, advertising, and cyber security to organizations and individuals engaged in cultural and artistic activities. Strengthen inspection and examination, promptly detect, prevent and strictly handle organizations and individuals that violate the provisions of Decree No. 144/2020/ND-CP dated December 14- 2020 of the Government regulations on performing arts activities, the law on advertising and other relevant legal regulations… Lawyer Nguyen Van Thang, Hanoi Bar Association analyzed, according to the provisions of point a, clause 1, Article 10 of the Law on Protection of Consumer Rights, the act of advertising products is not verified for origin. The actual use and exaggeration of the product’s use of some artists in the past time can be considered as aiding and accompaniment to businesses providing products and services when “deceiving or confusing consumers”. through advertising”. This is prohibited behavior and should be strictly punished according to the regulations. If the violator has been administratively handled but still repeats the offense, he will be criminally handled. If the person providing the product or service is prosecuted for criminal liability, it is likely that the artists participating in the promotion and introduction will also be jointly responsible. “According to Article 8, the Law on Advertising 2012 (amended in 2018), the act of advertising improperly about the quality and utility of products and goods is strictly prohibited. Violators can be sanctioned for administrative violations, if this act causes harm to health and life, consumers can sue the manufacturer together with the person who has false advertising to prevent that. claim for damages. In addition, Article 197 of the Criminal Code Consolidation Document also clearly stipulates that anyone who falsely advertises goods or services has been administratively sanctioned for this act or has been convicted of a criminal offense. If this crime has not been remitted but still commits it, the offenders shall be subject to a fine of between VND 10 million and VND 100 million or non-custodial reform for up to 3 years. Offenders may also be fined from VND 5 million to VND 50 million, banned from practicing certain occupations or doing certain jobs for 1 to 5 years,” added lawyer Nguyen Van Thang. Talking to reporters, lawyer Le Van Len, Director of Capital Law Firm, Ho Chi Minh City Bar Association said: “The law on advertising still reveals many shortcomings and limitations, especially before the development of the law. development of the internet and social networks as well as influencer marketing (using influencers to advertise products and services). Therefore, along with strictly handling violators according to current regulations to deter and prevent, we must also continue to improve the provisions of the law on advertising to keep up with the development of the Internet. society”.
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