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Use Of Minors As Spokespersons For Advertisements Is Subject To Administrative Punishment

2022/2/12 5:32:00 2


According to the company's app check, puma (Shanghai) Trading Co., Ltd. (hereinafter referred to as PUMA) recently was fined 100000 yuan by Shanghai Huangpu District Market Supervision Administration for using minors under the age of 10 as advertising spokesmen and violating the relevant provisions of the advertising law.

According to the administrative penalty decision, on August 26, 2021, Shanghai Huangpu District market supervision and Administration Bureau received an anonymous report from the 12345 government hotline: Puma (Shanghai) Trading Co., Ltd. violated the advertising law by using minors as spokesmen on its wechat public account "Puma".

After investigation, the public number "Puma" is independently operated by the parties concerned, and the title in the public number "Puma" is "fearless challenge, are they puma exceptional players?" The article was published by the parties on August 24, 2021. In this article, there is a "Puma player Niu Mou 7 years old" publicity, the publicity uses Niu Mou, a minor under 10 years old, as the advertising spokesperson.

In addition, it was found out that the party used the name and image of Niu for publicity in order to recommend children's clothing and attract more sports loving children to pay attention to the purchase of the party's brand.

Since the party concerned publishes an advertisement on the wechat public account "Puma", which uses minors under the age of 10 as the Advertising Spokesperson, the above publicity is suspected of violating the provisions of paragraph 2 of Article 38 of the advertising law of the people's Republic of China that "minors under the age of 10 shall not be used as advertising spokesmen", It constitutes the act of publishing advertisements that use minors under the age of 10 as the spokesperson of advertisements.

In view of the fact that the party concerned publishes on a single media, which has no social impact, and does not cause damage to human health, personal and property, and the circumstances are minor, it is decided that the party concerned shall be given a lighter punishment. Order to stop publishing illegal advertisements; Eliminate the influence within the corresponding range; The fine is RMB 100000.

In fact, this is not the first time puma has been punished for using a minor as a spokesman. As early as 2020, the company was fined 240000 for showing child stars Cui Yahan (alalei) and Shan Yuhao in publicity photos.

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