According to the "Voice of China", "Report by Zhang Yabei," according to the Voice of China report, "The car of watermelon used a car" and its most commonly advertised slogan "founded in a year, the volume is far ahead." You may have been "thrown out of the brain". But this slogan is suspected of violating the Advertising Act. An administrative penalty decision issued by the Haiyan branch of the Beijing Department of Industry and Commerce on November 15th shows that Jinguazi Technology Development (Beijing) Co., Ltd., often referred to as "watermill used car," has no factual basis. In accordance with the actual situation, he received a penalty of 12.5 million yuan.
In this regard, the melon undercarriage in a statement issued yesterday (November 30th) said it was deeply regrettable that there were any remarks on the qualitative nature of the decision and that it had filed a request for administrative review in accordance with legal procedures.
According to the Administrative Penal Book for Decisions, the use of the car of a melon has been confirmed, "Starting the year, the volume of trading is far ahead" in the "founding year", the initial and final time is "August 2015 to July 2016". In this period, of used cars from seeds of melons was 85,874.
Haiyang branch of the Beijing Administration for Industry and Commerce, said that they separately collected data on the transaction of used cars of Beijing's Old Motor Vehicle Trading Co., Ltd. and Beijing Renren Auto Vehicle Brokerage Co., Ltd. The data show that the volume of the two companies exceeded the number of used cars of seeds of melon, which were 442,878 and 92,375, respectively. Therefore, it is considered that the slogan has no factual basis and is not in line with the factual situation.
In this regard, an insider of a car that does not want to be named, said that understanding and understanding the "scope is far ahead" is the focus of communication with the administrative department in the next step.
The administrative penalty decision letter also mentioned that in response to the slogan "One year after the establishment, the volume of the transaction is far ahead," the submarine of melon provided three pieces of supporting materials to support the above-mentioned advertising slogans. However, Haiyan Branch said that after the verification, the three documents provided by the parties were not accepted.
In this sense, car insiders, who do not want to be named, say they are fully responsible for the data.
The reporter called on the Haida branch of the Beijing Administration for Industry and Commerce, and the staff said they would not supplement and respond to this. The current verdict will bring a ruling on an administrative penalty issued on November 15th.
So, where is the focus of the debate between the two sides? Zhu, who has long focused on the Internet and advertising, believes he is still based on what data more tells the whole story and who collects the data.
Zhu said: "In this case, according to the data held by both parties, if the data can support the sale of used cars of melons seeds exceeds other platforms, then this behavior is difficult to say is illegal.If the data is opposite Then , of course, we will consider that the decision of the executive is more reasonable. "
For the seeds of melon used car can pass administrative re-examination, the penalty is revoked. Li Ja, a partner at Beijing's Zhuangwen Law Office, believes the key point is whether it can supplement and provide new evidence to support the content described in her ad.
Lee analyzed: "They provided three proofs: the industrial and commercial departments did not accept the letter. It depends on whether the used car can be supplemented or has new evidence in the review process to support the content described in its announcement. can prove these things by other means, then I think it is possible to deprive such an administrative punishment. "
However, if it can not be proven or the evidence can not be approved by the appropriate management department, Li said that the administrative re-examination may be refused, but the administrative car may be re-submitted.
For a 12.5 million Li Lee fine, this is a normal amount. When the administrative law enforcement department considers it suspected of false advertising, it will impose a fine on the advertising fee. The administrative penalty decision of the Haidian branch shows that in September 2016, a sub-car for melons signed a 12.5 million online advertising agreement with LeTV. The content is "one year after the establishment, the volume of the transaction is far ahead."
Lee explained: "If the price for advertising can not be determined, the maximum penalty is a fine of 1 million. This is foreseen. In the concrete understanding, as an administrative department for industry and commerce, it can be based on the circumstances, and the fee for advertising may include other aspects. The issue, such as the area where the advertisement is placed or whether it is a single advertisement, may have some considerations in this regard. However, by law, a clear penalty of three or more times and five times or less. "