On December 13, some netizens posted a document to share their new findings: many businesses on the online shopping platform issued poison oath advertisements, and some businesses even claimed that if the products were invalid, they would "lose their children and grandchildren". On the 14th, the reporter of Beijing Youth Daily found after searching on relevant platforms that such advertisements are mostly concentrated in the medical field, but many businesses selling different drugs use the same pictures for publicity, and some businesses claim that "real customer feedback" is online piracy. If the product is fake, take life guarantee; The products are invalid and the children are lost... In the face of the "poison oath" marketing of some online e-commerce, some consumers are inevitably moved, but they are deceived. Some businesses forget their interests. In order to sell their products, they don't care what kind of marketing method they use. From a legal point of view, the "drug oath" marketing of merchants is a kind of commitment advertising and a sales model to induce consumers to consume. Whether it is legal or not depends on whether the content is suspected of false publicity and whether it is prohibited by the advertising law. China's advertising law stipulates that advertisements for medical treatment, drugs and medical devices shall not contain assertions or guarantees indicating efficacy and safety, and shall not contain contents indicating cure rate or efficiency. The products sold by some "drug oath" businesses are precisely advertisements for medical treatment, drugs or medical devices. According to the law, this behavior has been suspected of breaking the law. When some consumers believe it because businesses have made "poison vows", they do not know that many businesses selling "poison vows" just take some pictures on the network, modify them and use them as their own advertising copy. In their view, some of the characters have nothing to do with themselves, and the curse behind the "poison oath" is not the merchant himself. This practice of stealing other people's pictures to publish advertisements is also suspected of breaking the law. According to the relevant provisions of the advertising law, advertisers or advertising agents who use the name or image of others in advertising shall obtain their written consent in advance. Without the consent of others, on the one hand, it may infringe the portrait right of real patients. On the other hand, taking other people's real pictures as publicity is actually online piracy, that is, it is also illegal if the publicity is misleading or untrue. Consumers should not be misled by the "drug oath" of businesses, but should shop around and shop according to their actual needs. Relevant departments should strengthen the examination and supervision of such "drug oath" advertisements. As the operator and manager, the platform has the obligation to review the advertisement. If it fails to review or the review is not strict, it shall bear the corresponding responsibility within the scope of fault, including timely taking off the advertisement, cooperating with the infringed to claim, etc. (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：Beijing Youth Daily
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