On the eve of the Spring Festival holiday, the local market supervision department found in the inspection that there was a label of "Lotus Qingwen Coffee" on the commodity package of a coffee shop. The law enforcement officer ordered the shop to stop using the label and put it on file for investigation. This is another case caused by playing marketing after a WeChat business was investigated by the market supervision department for selling "Lianhua Qingwen Tea". Recently, there has been an occasional marketing campaign for pestilence-related drugs. "Lotus Qingwen Coffee", "Lianhua Qingwen Brewing", "ibuprofen herbal tea" and other products that play with stalks have attracted attention for many times. On the whole, the law enforcement actions of the regulatory authorities have stopped the misconduct in time, properly maintained the market order, and also sounded the alarm bell for the pestilence-related marketing. Some people may think that "playing with stalks" is only for fun, and it is harmless, and "jokes" will not become "cases". Actually, it is not. The above marketing involves commonly used and scarce drugs for epidemic prevention, control and treatment. The main situation is to use the drug name on the packaging of food and health care products. Many consumers search for and buy these drugs in an emergency. When consumers see the same or similar marks as the drug name, they usually do not have enough patience and time to carefully investigate and identify the specific situation. It is easy to think that these "peddling products" contain specific drug ingredients and have similar curative effects. But in fact, most of the "peddling goods" have no connection with the above drugs. While using the name of a well-known drug without authorization, many game marketing companies also use packaging design that is highly similar to the drug, and even label it with such promotional terms as "the same formula" and "COVID-19", which further increases the confusion and deception. This kind of behavior is not so much humorous as playing the edge ball, which may lead to consumers making wrong decisions, losing money and delaying treatment. In addition, some of the drug names that have been blocked are registered trademarks and well-known brands of pharmaceutical enterprises, and the marketing of blocked drugs is easy to infringe the trademark rights and interests of pharmaceutical enterprises, and damage their business reputation and brand image. There are also some people who actually add drugs to food in violation of the regulations in the field of drug product supervision. In serious cases, it may even constitute a crime. The prevention, control and treatment of epidemic diseases are related to people's health and social stability. Whether it is "selling dog meat on the head of sheep", or really using drugs as food materials, the marketing of pestilence-related drugs may become a constraint factor for the smooth circulation, rational allocation and standardized use of medical resources, and interfere with the overall situation of epidemic prevention. Play marketing may also violate various laws and regulations, and cause harmful consequences and adverse effects on consumer rights, competition order, business environment, public health and other aspects. Creativity should not be arbitrary, and the enthusiasm should be moderate. Strict regulation of pestilence-related marketing and ensuring its compliance with laws are not only necessary to maintain market order, but also necessary to strengthen food and drug safety supervision and safeguard people's life and health. To regulate and prevent relevant illegal acts in a more comprehensive and long-term manner, in addition to conventional law enforcement measures such as fines and orders to stop production and sales, a variety of legal measures such as public interest litigation, punitive damages, credit punishment, and industry conventions can also be considered to achieve comprehensive punishment and linkage governance. Many toys are promoted and sold through the Internet,
Edit：Hou Wenzhe Responsible editor：WeiZe
Source：legal daily
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