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:

  1. The Fair Trade Commission (the "Commission") was informed by a letter from the Department of Health (DOH) that an advertisement published in the Min Sheng Pao newspaper on August 11, 1999 by Ao Szu Ting Beauty Salon asserting, "Secrets of breast sculpting, from 32A to 36D. The miracle of cup size upgrade, further and further! On-the-spot enlargement." The DOH questioned the content of the advertisement to be false and misleading. According to the expert opinion provided by the DOH, the advertisement for the "Speedy SPR Breast Sculpting Plan" was an exaggerated and false advertisement that failed to provide clearly and completely the scientific theoretical basis upon which the assertion of "instant results, enlargement and lifting, and filling out and beautification" could be made.

  2. 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.

  3. 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


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