"Foshan Ceramics", due to its strong regional brand influence in China's building ceramics industry, has become an important indicator for merchants and consumers to choose ceramic tile products. It has also caused more than 80% of the country's ceramic tiles to be "produced in Foshan". Phenomenon.
After the concept of "releasing negative ions", "air purification", "formaldehyde absorption" and other health functions being integrated into ceramic tiles became popular, it became a "grand occasion" for ceramic brands to have healthy tiles in every household.
What is the relationship between the two? Recently, a second-instance judgment issued by the Intermediate People's Court of Anyang City, Henan Province showed that it upheld the judgment of the Anyang City Market Supervision and Administration Bureau against a "Foshan Brand" sold by a ceramics business department for falsely promoting the health effects of ceramic tiles!
Do ceramic tiles have medical and health care functions?
False propaganda! Fined 200,000 yuan!
The matter began with an administrative penalty decision made by the Anyang Municipal Administration for Market Regulation on April 20, 2020.
Since April 2019, the Sheng× Ceramics Business Department in Beiguan District, Anyang City, has been promoting the "Fola×× Ceramics" brand it sells. It is claimed that the ceramic tile has the ability to "long-term release of negative ions, separate smog and purify the air, absorb formaldehyde and eliminate odors, promote ×× growth, reduce and reduce the harm of second-hand smoke, and have various medical and health care functions."
In addition, there are also medals in the store for Guangdong Foshan Fola ×× Ceramics Co., Ltd. to be included in the "Overview of China's Major Building Materials Enterprises and Famous Building Materials Products" and the "China Green Environmentally Friendly Building Materials Products" medal; the ceramic tile has won the "Ceramic Ceramics Promotional inkjet printing of "Top Ten Brands" and "China's Famous Trademarks". The advertised award-winning units are "Foshan Fola×× Ceramics Co., Ltd." and "Guangdong Foshan Fola×× Ceramics Co., Ltd."
An investigation by the Anyang Municipal Supervision Bureau found that at that time, there was no Fola ×× Ceramics Co., Ltd. in Foshan, Guangdong. And the operator cannot provide any evidence to prove that the ceramic tiles it sells have the ability to "release negative ions for a long time, separate smog and purify the air, absorb formaldehyde and eliminate odors,XX grows, reduces and reduces the harm of second-hand smoke, and has various medical and health care functions. "Therefore, it is determined that the promotional content of Fola×× ceramic tiles sold by Sheng× Ceramics Business Department has no evidence to prove its authenticity and is false propaganda.
Anyang Municipal Supervision Bureau believes that the above-mentioned behavior of Sheng× Ceramics Business Department constitutes an illegal act of false propaganda, and imposes an administrative penalty of 200,000 yuan on the Ceramics Business Department in accordance with the law.
Businessman: I don’t accept it, it was the superior dealer who did it
The Shengx Ceramics Business Department was dissatisfied with the punishment decision of the Anyang Municipal Supervision Bureau and filed an application for administrative reconsideration. On August 4, 2020, the Anyang Municipal People's Government made an administrative review decision and upheld the penalty decision. The ceramic business department was still dissatisfied and filed a lawsuit with the People's Court of Beiguan District, Anyang City, requesting that the penalty decision be revoked.
Beiguan District People’s Court found:
On July 29, 2019, when the Anyang Municipal Supervision Bureau inspected the business department of Shengx Ceramics, they found that its ceramic tile advertisements were suspected of false propaganda and opened a case for investigation that day. It was found that the registered place of the "Fola×× Ceramics" trademark he operated was Shandong. The result of the joint investigation by the Foshan Municipal Supervision Bureau was: "After inquiry, there is no registration information for the company name 'Foshan Fola×× Ceramics Co., Ltd.'" ("Ceramic Information" query found that Foshan Fola×× Ceramics Co., Ltd. was registered on April 17, 2020.)
In September of the same year, the Shengx Ceramics Business Department provided an explanation to the Anyang Municipal Supervision Bureau, saying that all promotional materials in its stores were provided by its supplier, a ceramics company in Shandong.
On December 30, 2019, Anyang City Municipal Supervision Bureau notified Sheng×Ceramics Business Department to provide:
1. Reports on the relevant basis for promoting each function of Fola×× ceramic tiles and certificates of each award received;
2. Expenses, invoices, and certificates for promoting Fola×× ceramic tiles;
3. Name, address, and phone number of the superior dealer.
The business department failed to provide the information after the due date.
On April 20, 2020, the Anyang Municipal Supervision Bureau imposed an administrative penalty of 200,000 yuan on the Shengx Ceramics Business Department.
The Beiguan District trial held that the Sheng×Ceramics Business Department placed billboards and publicity pages in stores to promote the origin, functions and sales of the Fola×× ceramic tiles sold.status and honors received, which constitutes false commercial propaganda.
Although the Sheng× Ceramics Business Department said that the in-store advertising was not produced and placed by them and should not be punished, it admitted that it was placed by them during the investigation of the case by the Anyang Municipal Supervision Bureau, and who produced and placed the promotional content , is not enough to negate the party’s promotional behavior for the Fola×× ceramic tiles it operates.
Therefore, the lawsuit filed by Sheng× Ceramics Business Department is dismissed.
The Shengx Ceramics Business Department was dissatisfied and appealed to the Anyang Intermediate People's Court. The Anyang Intermediate People's Court rejected the appeal and upheld the original verdict.
After the trial, it was believed that the false propaganda behavior of Sheng×Ceramics Business Department had deceived and misled consumers, had obvious social harm, and should be punished. The "Anti-Unfair Competition Law of the People's Republic of China" stipulates different fines for different unfair competition violations. The minimum fine for false propaganda is 200,000 yuan. The Anyang Municipal Supervision Bureau decided to impose a fine of 200,000 yuan. Yuan is already a lighter punishment.
After reading this, the origin of "Foshan bricks" and its "magical effects" such as "negative ions", "antibacterial", "air purification", "formaldehyde adsorption", etc., how many ceramic tile brands dare to compete?
(The article is reproduced from Ceramic Information)
