DATA: 2019-07-02 HITS: CLASS: Industry News
On July 1st, a reporter from the New Beijing News learned from the official Weibo account "Huai'an Release" of the Huai'an Municipal Party Committee Propaganda Department that the food enterprise Dali Food Group was fined 36.7304 million yuan by the Lianshui County Market Supervision Administration in Jiangsu Province for publishing false advertisements.
On the evening of July 1st, Dali Food Group issued a statement stating that the promotional issue was caused by packaging and printing errors. The event is genuine and effective, and all proceeds have been donated. Therefore, Dali Food does not recognize the huge fine imposed by the Lianshui County Market Supervision Bureau and claims to seek legal recourse to protect its rights.
Activity to promote intangible cultural heritage, two public welfare organizations do not exist
According to the "Huai'an Release", previously, Dali Food's product Kebike potato chips held an event related to intangible cultural heritage in 2018. During the event, anyone who purchases Kebike activity potato chips, opens the lid and scans the QR code inside the seal, will have the opportunity to receive one WeChat red envelope or electronic lottery ticket, and can participate in supporting intangible cultural heritage public welfare activities and card collection activities.
After scanning the QR code, consumers can choose to donate the amount to support Dali Food Group, which will be fully donated by Dali Food Group to the "China Cultural Protection Foundation" for carrying out intangible cultural heritage education related activities for young people. At the same time, there is also activity information stating that Dali Food Group will collaborate with the "China Intangible Cultural Heritage Public Welfare Fund" to launch the "Happy Assistance to Intangible Cultural Heritage, Endless Red Envelope Grab" public welfare action.
However, according to the person in charge of the urban area of Lianshui County Market Supervision Administration, based on investigation and verification, the "China Cultural Protection Foundation" does not exist at all, and the "China Intangible Cultural Heritage Public Welfare Fund" was revoked as early as the second half of 2011. This means that the two public welfare organizations mentioned above do not exist.
A transcript from law enforcement personnel shows that relevant staff members of Dali Food's planning department admitted that Dali Food Group had signed a "Project Donation Tripartite Agreement" with the China Cultural Relics Protection Foundation and Fujian Kesno IoT Technology Co., Ltd. As for why the cooperation with the China Cultural Relics Protection Foundation was included in the agreement, but the promotional content printed on the product cans of the event changed to "China Cultural Protection Foundation" and "China Intangible Cultural Heritage Public Welfare Fund", the person in charge of Dali Food initially said "unclear".
After several days of investigation and inquiry, Dali Food issued a statement to the Lianshui County Market Supervision Administration on November 8, 2018, stating that due to the "negligence and misunderstanding" of advertising designers, a very small number of incorrect labels (about 6000) were mixed into the production and sales process.
Based on various circumstances, law enforcement officers believe that Dali Food Group promotes its products under the banner of donating intangible cultural heritage projects, deceives consumers, and constitutes false advertising, which violates relevant provisions of the Advertising Law.
According to the investigation, "Kebike Activity Potato Chips" has sold 91.826 million cans, with an advertising fee of 0.1 yuan per can, totaling 9.1826 million yuan in advertising expenses. According to Article 55 of the Advertising Law, the illegal act of publishing false advertisements shall be fined three to five times the advertising expenses. On June 17, 2019, the Market Supervision Administration of Lianshui County issued an administrative penalty decision on Dali Food Group, imposing a fine of 36.7304 million yuan and handing it over to the national treasury.
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