The hottest new advertising law is coming, and pai

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Is the new advertising law attacking paint enterprises frequently

the new advertising law is coming, and paint enterprises frequently lie at gunpoint

September 8th, 2015

[China paint information] before and after the small and long holiday of the victory day of the war of resistance against Japan, your circle of friends was excited by the news of the military parade, and I believe they were also filled with the news of the implementation of the new advertising law. It is said that the introduction and implementation of the new advertising law has made the copywriters and artists of many enterprises busy spitting blood, because there are too many things to change, so they can't get busy! And the managers of enterprises are naturally worried, and there is even a paragraph "products are easy to use in violation of the advertising law" on the network

the new advertising law also has a far-reaching impact on the paint industry. Whether you are a paint manufacturer, a paint dealer, or a platform for promoting paint brands, you should understand this law well. A fine of 200000 is no joke. If you are still confused about the new policy, follow your steps and avoid lying on the gun in the future when carrying out brand marketing and promotion

we can't live without publicity. Let's take you to a comprehensive understanding of the new advertising law

nowadays, China's coating enterprises have entered the era of homogenization. The brand name, outer packaging, main functions and price of coating products are very similar. Consumers are confused about their choice, and the coating manufacturers themselves can't make a hit in the market because they don't have competitive recognition. Under this background, Marketing promotion has become another important factor to measure the influence of paint brands. The era of "wine is not afraid of alleys, deep hydraulic universal testing machine is a precision instrument" has passed. Many paint enterprises are willing to improve their popularity in the market through TV advertising, Internet publicity and paper media printing, which is also the trend of the whole market. Throughout the advertising of coating enterprises, the words "leading brand", "exclusive development" and "first" are full of, simple and crude, but they go deep into the hearts of consumers. However, the implementation of the new advertising law undoubtedly throws a bomb on these advertising. Under the provisions of the law, many coating enterprises can't say what they want to express to consumers, but advertising can't stop. Where should we go

China's advertising law was adopted and implemented at the 10th meeting of the Standing Committee of the Eighth National People's Congress on October 27th, 1994; On April 24, 2015, the 14th meeting of the Standing Committee of the 12th National People's Congress was revised, and the newly revised advertising law of the people's Republic of China was officially implemented on September 1, 2015. This is the first revision of the advertising law in 20 years since its implementation, and the scope of revision is very large. The new advertising law, which is known as the "strictest in history", includes clarifying the definition and typical forms of false advertising, adding legal obligations of advertising spokesmen, and strengthening the supervision of mass media advertising

paint people must have seen the advertising words prohibited by the new advertising law in their circle of friends recently. The wide coverage of this thesaurus makes paint enterprises cry and lie on the gun. Why? Because these are the ones that paint enterprises like the most and use the most frequently and widely! Please note that "national, world-class, most advanced, best, largest, first, unique, first, best, accurate, top-level, latest technology, most advanced science, national products, cheapest, latest, most advanced, most fill the domestic gap, exclusive, first, latest, first brand, gold medal" these are words that cannot appear in paint advertising, of course, there are many more, A paragraph is endless (click to view "a picture to understand the forbidden words that cannot be used in the new advertising law"), by contrast, it seems that all paint enterprises need to change the advertising words again

it should be noted that the advertising law also increases the relevant penalties, from the previous refund of one and compensation of three to a fine of more than 200000 yuan but less than onemillion yuan once found. If the circumstances are serious, the store will be closed directly. At present, there are already fined enterprises, so both paint enterprises and dealers must pay attention to it to avoid violating laws and regulations and losing money

in addition to prohibiting extreme terms, what problems should paint enterprises pay attention to after the implementation of the new advertising law? Here are some new highlights of the new advertising law, which you can compare and change:

1 Clearly define false advertisements and increase the punishment for false advertisements

the relevant provisions on the constituent conditions of false advertisements have been specially added in the new law. First, the content is false, and second, misleading content guides and misleads consumers, which are all false advertisements

the new advertising law also further lists four typical specific circumstances, which increases the operability of the industrial and commercial departments to investigate and deal with false advertisements. At the same time, in the legal aspect of the new law, it also increases the fines for publishing false advertisements, and also increases the new provisions on revoking licenses, certificates, credit constraints and industry entry prohibition, which greatly increases the illegal cost of false advertisements. This will play a great role in deterring illegal acts. Many paint products use ecological environmental protection as a gimmick. Do these exceed the limit and mislead consumers? Maybe it needs more consideration

2. Restrict advertising spokesmen

the revision of the advertising law also makes legal provisions for star endorsements. Star endorsements cannot only receive money without taking responsibility. As long as the stars endorse false advertisements, they also bear joint and several liabilities. Natural persons, legal persons or other organizations that have been subject to administrative punishment for less than three years for making recommendations or certificates in false advertisements shall not be used as advertising spokespersons. Asking stars to endorse is also a preferred way of publicity for paint enterprises. After the new advertising law comes out, I believe that stars will be more cautious in accepting endorsements, and paint enterprises should also be responsible for their own products, so that stars can have confidence in endorsing products

3. Children under the age of 10 can advertise, but can't be spokesmen

what we care about here is how to define "spokesmen" and "performers"? Is it identified according to the form of children's advertising, cost payment, etc? Can ordinary people recognize it? No one in China can find gold in the R & D and processing industry of non-ferrous metal new materials, and paint brands mainly in the field of children's paint have hired child stars to endorse. However, where the specific boundaries are, relevant departments need to issue specific regulations to let enterprises have laws to abide by. Paint enterprises with this problem can also pay close attention to changes and make timely adjustments

4. Standardize Internet advertising

in the Internet era, Internet advertising is in the ascendant, and Tu enterprises have not missed this trend, but now it is necessary to pay attention to advertising on the Internet. According to the provisions of the new advertising law, "publishing and sending advertisements using the Internet shall not affect the normal use of the Internet by users. Advertisements published in the form of pop-up on the Internet page should be marked with a close sign to ensure one click closure."

Hu Gang, a lawyer of the lawyer group of the China Consumer Association, believes that first of all, the advertising law applies to Internet advertising, which is very clear. Internet does not enjoy any privileges. At the same time, there is a special provision for Internet advertisements. Advertisements published through the Internet shall not affect users' normal use of the Internet, emphasizing that the right of good experience of Internet users is protected by law. At the same time, it is stipulated that advertisements published by popping up on Internet pages should clearly indicate the closing flag to ensure one click closure

it should be noted that after the implementation of the new law, forwarding advertisements in the circle of friends will also bear the law. If the forwarded information has the nature of advertising, the forwarder will bear it. If the forwarder cannot provide the advertiser's information, he will have to pay compensation in advance

5. Strengthen media supervision

as a carrier, media plays an important role in advertising. This time, strict regulations have also been made on the media and platforms that publish advertisements, and the punishment has been increased. In the past, the media fined 1 to 5 times the advertising fees for publishing illegal and false advertisements, but now the maximum penalty can be 2million yuan to strengthen the deterrence of illegal advertisements

6. Allow advertisers to prove their innocence

this new law adds a bright spot in terms of operation, that is, the Department of industry and Commerce has the right to allow advertisers to prove their innocence. In the past, the industry and Commerce Department had to find evidence to prove that the advertising owner was illegal. Now the industry and Commerce Department has the right to let the owner prove his innocence, and can deal with it according to law if he cannot prove it, which gives the industry and Commerce Department great convenience in law enforcement

According to Zhang Guohua, director of the advertising supervision and Administration Department of the State Administration for Industry and commerce, after the release of the new advertising law, from the perspective of monitoring, the total number of illegal advertisements nationwide in July decreased by 6403 compared with April, down 29.7%, and the order of the advertising market as a whole continued to improve. At the same time, in order to improve the efficiency of advertising monitoring, the State Administration for Industry and Commerce officially launched the advertising data center, which has basically realized the monitoring of self-help innovation and all kinds of advertisements in rubber formula and production technology for all media in 332 prefecture level cities in 31 provinces (districts and cities)

it can be seen that the state will continue to restrict the advertising of enterprises. Coating enterprises can't be as "unscrupulous" as in the past, but the author believes that this is not necessarily a bad thing, because the current advertising language of the coating industry can be described as "barbaric growth". Similar slogans and exaggerated facts not only confuse consumers with the truth, It also exposed the impetuous development psychology of some coating enterprises pursuing short-term interests, which is not conducive to the development of the entire coating industry. The implementation of the new advertising law is bound to regulate the coating industry under the protection of the law, curb the ostensible development of the industry, and return to the essence of being down-to-earth and quality first. In particular, industry leaders should set an example and make timely adjustments. In this way, over time, China's coating industry can create a coating brand that can truly stand the test of time, region and policy

lijunhui, a special researcher of the intellectual property research center of China University of political science and law, said that enterprises should pay attention to the forbidden extreme thesaurus when advertising. At present, some industry associations or industrial and commercial departments are constantly enriching this thesaurus. The author believes that the leading platforms or enterprises in the coating industry can put forward the "forbidden words" in the industry, and the relevant industry associations and advertising departments can concentrate and improve it, and invite consumer protection organizations and administrative law enforcement agencies to jointly formulate an industry standard or administrative guidance document. This clear document is very necessary for all aspects of law-abiding

to sum up, the implementation of the new advertising law has made many coating enterprises complain incessantly and busy cleaning up the "mess", but this is an inevitable policy trend. Coating enterprises should actively face it, strive to adapt to the adjustment, and in the spirit of "dying and surviving", give up the exaggerated and impetuous development psychology, take every step steadily, and occupy a place in the market in the new round of policy reshuffle

if you don't enjoy it, Please continue to click to view and add new knowledge:

"the strictest in history" the new advertising law has been implemented, three focuses have attracted attention

experts interpret the new advertising law: curb false advertising, protect consumer rights and interests

the new advertising law will be implemented from September 1, and authorities interpret the top 10 highlights

the new advertising law will be implemented on September 1, n many changes will be implemented, and change careers without looking at the changes

the new advertising law Implementing the law of forwarding advertisements in the circle of friends

attachment: summarizing the 13 prohibitions of the new advertising law:

(1) it is forbidden to contain in advertisements

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