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Asked: 2025-05-09T10:16:04+08:00 In:

Are there any regulations regarding false advertising in China? How can I report it if I encounter such a situation?

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Are there any regulations regarding false advertising in China? How can I report it if I encounter such a situation?
regarding false advertising
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    1. zlkzcmohmr
      Begginer
      China maintains strict legal frameworks to combat false advertising, with clear guidelines for identifying violations and accessible channels for reporting. Below is a structured overview of the regulatory landscape and complaint processes:

      1. Legal Framework Against False Advertising

      False advertising is prohibited under multiple statutes, each defining prohibited practices and penalties:

      Key Legislation

      • Advertising Law (广告法):
        • Defines false advertising as content that is “false or misleading,” including practices like exaggerating product performance or fabricating award information.
        • Imposes penalties ranging from fines (3–10 times the advertising cost, or ¥200,000–¥2 million for severe cases) to criminal liability for violations causing significant harm.
      • Consumer Rights Protection Law:
        • Entitles consumers to triple damages for losses incurred due to fraudulent advertising.
      • Anti-Unfair Competition Law:
        • Prohibits misleading commercial promotions that disrupt fair market competition, such as false comparative advertising.

      Common Violations

      • Unsubstantiated Efficacy Claims: E.g., ordinary food products claiming curative medical effects.
      • Fake Endorsements: Using fabricated “customer testimonials” or unauthorized celebrity endorsements.
      • Illegal Product Advertising: Unapproved ads for regulated goods/services (e.g., prescription drugs, health supplements).

      2. Step-by-Step Reporting Process

      Step 1: Collect Evidence

      • Preserve all materials related to the violation:
        • Screenshots/videos of the advertisement (webpage links, social media posts, or physical ads).
        • Purchase receipts, product packaging, or any documentation showing the misleading claim.

      Step 2: Submit Complaints Through Official Channels

      • National Hotline & Online Platform:
        • Call 12315 (China’s consumer complaint hotline, available in English via interpreter services) or use the 12315.cn website/app to file a formal report.
      • Local Market Supervision Bureau:
        • Visit your regional Market Supervision Administration office with evidence. Recent cases (e.g., Shanghai in 2024) show fines up to ¥1.2 million for major violations.
      • E-Commerce Platforms:
        • Use built-in reporting tools (e.g., “Complain” function on Taobao, JD.com) for ads encountered on shopping platforms.

      Step 3: Pursue Legal Action (If Necessary)

      • For compensation claims, initiate civil litigation under the Consumer Rights Protection Law. Success requires proving the advertiser’s fraudulent intent (e.g., willful dissemination of false information).

      3. Penalties for Offenders

      Administrative Sanctions

      • Fines: First-time violators face fines of ¥200,000–¥1 million; repeat offenders may be fined up to ¥2 million.
      • Business Licensing Actions: Authorities may suspend advertising privileges or revoke business licenses for persistent violations.

      Criminal Liability

      • Severe cases (e.g., false medical advertising leading to personal injury or death) can result in imprisonment up to 2 years or criminal detention, alongside additional fines.

      4. Practical Tips for Effective Reporting

      • Be Specific: Vague allegations are unlikely to succeed. Clearly identify the false claim (e.g., “Product X claims 100% organic but lacks certification”).
      • Retain Records: Keep all transaction histories, communication logs, and advertising materials as evidence.

      Conclusion

      China’s comprehensive regulatory system ensures that false advertising is both legally proscribed and operationally reportable. By following these procedures and providing concrete evidence, consumers and businesses can effectively contribute to maintaining advertising integrity and protecting market fairness.