Chun Hun International Beauty Co., Ltd., published false advertisements in violation of the Fair Trade Law
Case:
Chun Hun International Beauty Co., Ltd., published false advertisements in violation of the Fair Trade Law
Key Words:
breast enlargement, personal testimony, misleading
Reference:
Fair Trade Commission Decision of November 3, 1999 (the 417th Commissioners' Meeting); Disposition (88) Kung Ch'u Tzu No. 137.
Industry:
Hair Dressing and Cosmetology (8991)
Relevant Laws:
Summary:
1. In an June 11, 1999 letter to the Fair Trade Commission, the Department of Health (DOH), said that Chun Hun International Beauty Co., Ltd. ("Chun Hun") had published a newspaper advertisement claiming "Growth Brings a Woman All-Around Happiness and Everlasting Well-Being" and boasting of the results of its breast enlargement plan. According to the Regulations Governing Weight-Loss and Cosmetology Advertising promulgated by the DOH, such advertisements must explain the courses and the products required to produce the results, as well as the time and the price. The content of the advertisements [in this case] cannot be explained on the basis of scientific principles, and thus are obviously false and misleading advertisements. Chun Hun responded to the DOH complaint, and submitted testimonials and relevant materials of five persons claiming to have followed the breast enlargement plan with positive results, along with "breast care" information and three books, The Beauty and Sorrow of Breasts, Buxom Beauty, and The Art of Wearing Women's Undergarments, to elucidate the scientific basis of the advertisements. 2. In its professional assessment, the DOH said Chun Hun's advertisement merely stressed that its breast beautification plan used primarily heat compresses and hand massage to promote blood circulation so as to tone and fill out the flesh. It does not, however, explain how heat compresses, massage, and improved circulation achieve the results of toning and filling out the flesh. The testimonials of five persons are insufficient evidence that the respondent's plan and related products effectively achieve breast enlargement. Nor do the breast enlargement plan records prove any change in the dimensions of the breasts over the course of participation in the plan. Also, in the photos taken before the five participants took part in the plan, they were seen to be pulling their shoulders back, whereas in the "after" photographs, they were pushing their shoulders forward, which might serve to extrude the breasts. No actual breast enlargement is in evidence. The breast care information and other materials prov ided also lacked any basis in scientific theory. None of the material had been published in a medical journal, nor was it backed up by clinical trials. 3. In the expert opinion provided by the DOH, the three books, The Beauty and Sorrow of Breasts, Buxom Beauty, and The Art of Wearing Women's Undergarments, are not scientific literature, nor were they rigorously compiled from scientific references. Obviously, they fail to provide a scientific basis for Chun Hun's claims. 4. In sum, Chun Hun's claims in its "true case" testimonial advertisements that its breast enlargement plan, technology, and products could increase bra cup size and fill out breasts were false and misleading presentations in violation of Article 21(3), which refers to and applies Article 21(1) of the Fair Trade Law (FTL). After considering such factors as the motivation and duration of the violation, evidence of repentance, and scale of operations, and that the advertisement at issue was published on June 3, 1999, which was after the amendment to the FTL, the 417th Commissioner's Meeting resolved, pursuant to the amended Article 41, to order Chun Hun to cease the false and misleading presentations and publish a corrected version of the advertisement, with a fine of NT$2.5 million. Appendix: Chun Hun International Beauty Co., Ltd.'s Uniform Invoice Number: 84285613 Summarized by Tai Mei-ch'in; Supervised by Chu Wei-ch'ing