Austin Beauty Shop's advertisement "Be slim and have a dainty figure for only NT$599" violated the Fair Trade Law
Case:
Austin Beauty Shop's advertisement "Be slim and have a dainty figure for only NT$599" violated the Fair Trade Law
Key Words:
Austin Beauty Shop body sculpting, regaining figure, no side effects
Reference:
Fair Trade Commission Decision of February 23, 2000(the 433rd Commissioners' Meeting); Disposition (89) Kung Ts'an Tzu Letter No.8813678-003
Industry:
Barbershop and beauty industry (8991)
Relevant Laws:
Article 21(3) of the Fair Trade Law
Summary:
1. The Fair Trade Commission (the Commission) received a letter from the Department of Health dated 27 October 1999 stating that the Austin Beauty Shop ("Austin") had placed advertisements in the 12 October 1999 edition of the China Times, the 13 October edition of the Min Sheng Daily, and the 19 October edition of the Liberty Times, entitled, "Experience Happiness for NT$599"and claiming "a weight-loss regime that will allow you to take off extra pounds all over, remove regional flab, and shape your lower body and protruding tummy, thighs and calves through body sculpting without side effects." The advertisement also included pictures of real people to demonstrate the effectiveness of the regime. The advertisement, however, did not clearly explain the nature of the regime, the products used, the average cost, or the length of treatment in accordance with the Weight Loss and Beauty Industry Advertising Guidelines. The advertisements also failed to place this required information in an obvious place and were determined by the Department of Health to amount to false and misleading advertising.2. This Commission asked Austin to answer these charges. Austin argued that the "Safe Body Sculpting Weight Loss Method" was a safe therapy that included restorative massages. The therapy also required the customer to cooperate by following a home exercise and diet regime. In this way, the customer would gradually reach her desired weight and figure. Although there was no particular scientific basis for this restorative therapy, the massage sessions relaxed the customers. Nonetheless consumers needed to exercise and control their food and beverage intake to lose weight. Austin obviously made false and misleading repres entations in its advertisements in violation of Article 21(3) of the Fair Trade Law where Article 21(1) of the Fair Trade Law applies mutatis mutandis. Summarized by Lai Mei-yeh;Supervised by Pai Yu-chuang