Ao Szu Ting Beauty Salon violated the Fair Trade Law for making false and misleading representations regarding the result of its breast enlargement program in its "Speedy SPR Breast Sculpting Plan" advertisements
Chinese Taipei
Case:
Ao Szu Ting Beauty Salon violated the Fair Trade Law for making false and misleading representations regarding the result of its breast enlargement program in its "Speedy SPR Breast Sculpting Plan" advertisements
Key Words:
breast sculpting, breast enlargement, cup size upgrading, advertisement correction, false, misleading
Reference:
Fair Trade Commission Decision of October 27, 1999 (the 416th Commissioners' Meeting), Disposition (88) Kung Ch'u Tzu No. 136
Industry:
Hair Dressing and Cosmetology (8991)
Relevant Laws:
Articles 21 (3) and, mutatis mutandis, Article 21(1) of the Fair Trade Law; the fore part of Article 41 of the Fair Trade Law
Summary:
In the expert opinion of the DOH, the contents of the advertisement asserting that "Secrets of breast sculpting, from 32A to 36D. The miracle of cup size upgrading, further and further! On-the-spot enlargement" had constituted false advertisement. According to Point 3 of the wordings prohibited from being used in an advertisement listed in the Regulations Governing Weight-Loss and Cosmetology Advertising promulgated by the DOH, "Advertisements with content that cannot be explained by scientific principles - e.g., breast enlargement achieved without surgery or medication - are obviously false and misleading advertisements." Moreover, the Commission had previously issued news releases warning weight loss enterprises against making claims such as cup size "upgrading" and breast enlargement without clearly stating the scientific basis upon which those claims could be made. After being notified by letter to respond, the responsible person of the Ao Szu Ting Beauty Salon, Mr. Chuang Fu-sheng, was unable to offer any such scientific basis . Thus, the advertisement at issue is undoubtedly a false and misleading representation.
In sum, the actions of Ao Szu
Ting Beauty Salon (i.e. Mr. Chuang Fu-sheng) had violated the provision
prohibiting false and misleading advertisement under Article 21(3) and,
mutatis mutandis, Article 21(1) of the Fair Trade Law. Taking into account
such factors as the circumstances, motive, duration, harmfulness of the
violation, the subsequent attitude of the respondent and the publication
date of the advertisement August 11, 1999, which was after the amended Fair
Trade Law taking effect in February 1999, an NT$300,000 fine was thereby
imposed on the respondent and an order requiring it to publish an correction
advertisement with the following content issued:
This enterprise published a newspaper advertisement on August 11, 1999 claiming,
"You can be a buxom beauty, too!" No scientific basis exists for
the advertisement's claims of "Secrets of breast sculpting, from 32A
to 36D. The miracle of cup size upgrading, further and further! On-the-spot
enlargement" or for the advertised "Speedy SPR Breast Sculpting
Plan." The advertisement's claims such as "instant results, enlargement
and lifting, and filling out and beautification" have been determined
by the Fair Trade Commission to be false and misleading advertisements.
This advertisement correction is published specifically under the instructions
of the Commission - Ao Szu Ting Beauty Salon.
Summarized by Li Wen-hsiu
Supervised by Chu Wei-ch'ing
Appendix:
Ao Szu Ting Beauty Salon's Uniform
Invoice Number: 73790945