The live broadcast platform sells plaster anchors as ＂Jianghu Langzhong＂？ Risk of chaos with goods

　　"The problem of insomnia for many years can be solved." "For more than ten or twenty years, people who can’t sleep well can see the effect here." "What’s your skin? On the public screen, we will let these questions say goodbye … …” "My grandfather’s generation started to do it, and our store queues up every day" … … Live delivery has become a popular online shopping method. The reporter observed over the past few days that in Tik Tok, Aauto Quicker and other live broadcast platforms, the anchors boasted about the efficacy of some creams and health care products, even suggesting that they were better than real drugs, or even "no side effects".

　　Consumer Miss Wang told all-media reporters that the anchors of these live broadcast platforms and the advertisements on the store’s sales page described the product functions as similar to "drugs" and had therapeutic effects. In fact, products with health care functions, Chinese herbal ointment, etc., "product packaging is connected ‘ Medicine ’ There are no words in the system. " With the popularity of live broadcast, consumers who buy things after watching live broadcast are also increasing. These words, which are full of "medical" effects and difficult to distinguish between true and false, undoubtedly bring risks to consumers and patients.

　　It is understood that the China Consumers Association released a report in November last year, pointing out that the chaos of live sales is one of the focuses of consumers. Among them, the main problems in the chaos of live sales include counterfeiting, wrong goods, and preferential differences.

　　Text, map/Guangzhou Daily All-Media Reporter Wen Jing

　　Case 1: Nutritional dietary supplements "blow" into a "good medicine" for insomnia.

　　"Ziziphus jujuba seed, Poria cocos, yam … … Anyone who can’t sleep knows that this is to soothe the nerves and help sleep. And γ -Aminobutyric acid is to calm the brain. We don’t stimulate anything, and we don’t have anything. It’s a three-point poison. Everyone has heard of it, but ours is different … …” Recently, the reporter opened the live broadcast platform. In the live broadcast room of "Anchor Qingyu [Electric Business]", the anchor was trying to recommend a brand of "Aminobutyric Acid+Ziziphus jujuba Seed Tablet Candy", and even claimed that "the whole person feels different after eating for a while". When asked by some netizens, the anchor said that this is the same as medicine and food. The reporter clicked on the page introduction of this product, and the product details were written with its food production license number: SC ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

　　The reporter searched on different live broadcast platforms and found that this "Ziziphus jujuba, Ziziphus jujuba, Poria cocos tablets" is a online celebrity product, also known as "sleeping candy". Many platform stores and anchors are selling different brands of the same or the same type of products. In the live broadcast room of "Watching Yunshu with Warm Wine", the anchor is selling a certain brand of Ziziphus jujuba, Poria cocos and Lily γ -Aminobutyric acid, which means "If you can’t sleep at night for five or ten years, you can shoot us × bottles … …” .

　　The reporter browsed on the live broadcast platform that a certain brand of aminobutyric acid+Ziziphus jujuba seed tablet candy was on sale, and the ingredients were: fructooligosaccharide, marine fish oligopeptide, Ziziphus jujuba seed, Poria cocos, yam, phosphatidylserine, γ -Aminobutyric acid, and food additives such as microcrystalline cellulose and magnesium stearate. Only the food production license number is affixed to the bottle. The sales page of some stores even posted the slogan "Before going to bed × sleeping all night". It is understood that the prices of such products are quite uneven on the live broadcast platform, ranging from 10 yuan to hundreds of yuan.

　　In an e-commerce flagship store of similar products of a big brand, the specifications and parameters of the sales page show that Ziziphus Spinosae, Poria cocos and Lily aminobutyric acid tablet candy is a nutritional dietary supplement (non-food health word).

　　It is understood that this kind contains γ -The actual efficacy of "sleeping sugar" composed of amino butyric acid, Ziziphus jujuba seed and other ingredients is quite controversial. Can this kind of "candy tablets" relieve insomnia? A neurologist in a 3A hospital suggested that mild insomnia can be treated with more exercise, more sunshine and regular work and rest during the day. This type of candy tablets can only be said to improve sleep.

　　Case 2 External disinfection and sterilization products "imply" that they can cure skin diseases.

　　In addition to "sleep candy", the reporter found that all kinds of skin antipruritic and bacteriostatic creams known as "ancient prescriptions" and "folk prescriptions" were also flooded in the live broadcast room. In the live broadcast room named "Mr. Focus on Skin", there is a background board filled with words such as "Looking for treasures", "Fresh skin", "Silver scraps" and "Fresh hands and feet". When you see these words, everyone can understand what they mean. The anchor didn’t show his face, but he smeared the so-called "antipruritic cream" with his hand in front of the camera, and kept saying, "If there is something displayed on the screen that has troubled his family for many years … … It will take ten days and a half months to thank me … …” It makes the audience curious about what "cream" is and how powerful it is. When the reporter asked the customer service of the store whether the product packaging had OTC or the word "medicine", the other party replied that it was genuine and Chinese herbal medicine.

　　The reporter entered "antipruritic and bacteriostatic" on the live broadcast platform, and a variety of products appeared, and randomly bought a Huayingtang Shien bacteriostatic cream. The outer package says: the main ingredients are Melaleuca alternifolia, Murraya murraya, glycyrrhetinic acid, Viola yedoensis, oats, Schizonepeta and so on. The indicated types of inhibitory microorganisms are Escherichia coli, Staphylococcus aureus and Candida albicans. On the packaging box of this bacteriostatic cream, it is marked with "Hygiene Permit: X Wei Xiao Zheng Zi (2019)No. ×××××". The reporter asked the customer service of the store about the efficacy of this antibacterial cream. The customer service said that it is an ointment, which mainly has antibacterial and anti-inflammatory effects. Subsequently, the reporter searched on the traditional e-commerce platform, and at the time of writing, this product was not found yet.

　　The reporter browsed the sales pages of several similar "antibacterial and antipruritic creams", and the product details all read "X Wei Xiao Zheng Zi". It is understood that the name of Weixiao Certificate belongs to disinfection products. As an external disinfection and sterilization product, it does not have the effect of regulating human physiological functions, which is obviously different from drugs.

　　"This type of so-called plant formula and cream of Chinese herbal medicine is often seen in shops selling local specialty goods in some tourist attractions. In-store sales staff will say that local specialties, ‘ Folk ’ Ancient prescription, pure plant formula, no irritation, no side effects … …” A person in the medical industry told all-media reporters that they usually adopt similar routines and words. "If it doesn’t work, say that you don’t have enough time."

　　Consumer reminder

　　A dermatologist of traditional Chinese medicine said that patients should first know what kind of skin disease it is, and secondly, whether bacteriostatic ointment is a prescription drug. If it is a prescription drug, it needs to be taken under the guidance of a doctor. If it is an over-the-counter drug, you can use it yourself according to the instructions. It is recommended to go to the offline hospital to find out what kind of skin diseases, and then determine what kind of drugs to use.

　　Zheng Xusen, deputy director lawyer of Guangdong Datong Law Firm, told the Guangzhou Daily all-media reporter that if the network anchor emphasized the above-mentioned therapeutic function of the product when selling skin itching cream and "sleep candy", consumers made a purchase decision, but the product itself did not have the efficacy claimed by the anchor, then the network anchor might constitute a false advertisement. The market supervision and management department may order it to stop advertising and eliminate the influence within the corresponding scope, and impose a fine of more than three times and less than five times the advertising cost. If the advertising cost cannot be calculated or is obviously low, a fine of more than 200,000 yuan and less than 1 million yuan will be imposed.

　　Lawyer’s statement

　　"Xiao" brand products shall not claim the therapeutic effect on diseases.

　　In live broadcast, it is easy to mislead consumers by exaggerating functions, confusing concepts, and "suggesting" that non-drugs have more powerful effects than real drugs. When consumers buy them back, they find that they are not even over-the-counter drugs, and some are even food. The effect varies from person to person. The reporter saw from an online complaint platform that a consumer left a message that he had skin diseases. He noticed an "ointment" in the live broadcast merchants, saying that it could treat his own skin diseases, and it was cheaper than offline purchase. When he bought it, he found that the "ointment" did not have the OTC logo or the batch number of Chinese medicine.

　　Lawyer Lin Zhaorun, a senior partner of Guangdong Jinlun Law Firm, said that consumers should first pay attention to whether the products have corresponding batch numbers, such as "Xiao" and "Cosmetic", some products with "Machinery" or "Medicine", and some products with three no products. Different products have different advertising regulations.

　　For example, the name "Xiao" generally refers to the health license number approved by the provincial health administrative department. The product with the name "Xiao" does not have any therapeutic effect, and its main function is sterilization, which belongs to the sanitary disinfection products. The detection index is mainly sterilization. Article 31 of the Measures for the Administration of Disinfection stipulates that "the labels (including instructions) and publicity contents of disinfection products must be true, and there shall be no therapeutic effect on diseases". That is to say, the products with the name "Xiao" should not claim the therapeutic effect on diseases, nor should they use names that make people mistakenly think that they have therapeutic effects. At the same time, the advertising law also prohibits false propaganda that exaggerates the effect. Therefore, if these products are only "Xiao" brand products, they exaggerate the effect too much and make consumers mistakenly think that they have disease treatment effects, which is false propaganda and violates relevant laws and regulations.

　　E-commerce platform operators bear joint and several liability.

　　Lawyer Lin Zhaorun emphasized that according to Article 38 of the E-commerce Law of the People’s Republic of China, the operators of e-commerce platforms know or should know that the goods sold or services provided by the operators in the platforms do not meet the requirements of protecting personal and property safety, or that there are other acts that infringe on the legitimate rights and interests of consumers and fail to take necessary measures, and they shall be jointly and severally liable with the operators in the platforms according to law.

　　Zheng Xusen, deputy director of Guangdong Datong Law Firm, pointed out that webcasting is prone to buying impulses because of its novel shopping model. It is suggested that consumers should be rational when watching and increase their ability to distinguish some products with obvious functional propaganda. If you still decide to buy, you can take appropriate screenshots or screen recordings to keep the anchor’s publicity process for subsequent rights protection.