Complaint alleged Famous International Beauty Co., Ltd. violated Article 21(3) of the Fair Trade Law in its "Men Are Clueless About Women's Dreams?!" advertisement
Case:
Complaint alleged Famous International Beauty Co., Ltd. violated Article 21(3) of the Fair Trade Law in its "Men Are Clueless About Women's Dreams?!" advertisement
Key Words:
Famous (Beauty Company), enhancing muscular function, enhancing fat burning, false advertising
Reference:
Fair Trade Commission Decision of December 29, 1999 (425th Commissioners' Meeting); Disposition (88) Kung Ch'u Tzu No. 170
Industry:
Hairstyling and Cosmetology (8991)
Relevant Laws:
Article 21(3) of the Fair Trade Law
Summary:
1. According to a letter submitted to the Fair Trade Commission (the Commission) by the Department of Health (DOH), Executive Yuan, Famous International Beauty Co., Ltd. (the respondent), in its advertisement "Men Are Clueless About Women's Dreams?!" published in the China Times on 5 July 1999, made a claim of "enhancing muscular function" but failed to explain the regimen for achieving that result and its basis in scientific theory. The DOH therefore suspected that false advertising was involved. It also suspected that another claim in the advertisement, "enhancing fat burning," was exaggerated and misleading. 2. At the top of the above-mentioned advertisement was the caption, "Famous 28-Day Slim and Shapely Vacation - NT$18,000 Special Offer." In the center was the text, "What is meant by building a 'healthful' lovely figure?: (1) raising the basal metabolism and preventing the accumulation of excess fat deposits, which necessarily involves converting fat into energy; (2) enhancing muscular function by assisting aerobic metabolism, which necessarily involves increasing the energy used by the body; (3) enhancing fat burning, which necessarily involves creating well-toned muscle from flabby fat [tissue]." On the left and at the bottom were the captions, "HC Natural Approach Plan," "PT Passive Massage Plan," "PRE Microcomputer Space-Time Neo-Shaping Plan," "OM Swedish Massage Plan," and "RGH Connect-the-Dots Precision Shaping Plan." The so-called "Famous 28-Day Slim and Shapely Vacation - NT$18,000 Special Offer" referred to these five plans. Viewed as a whole, the advertisement would tend to cause trading counterparts to believe that the "Shapely Vacation" comprising the five plans could effectively "enhance muscular function" and "enhance fat burning" as mentioned in the text about "building a 'healthful' lovely figure." In fact, however, the representations of "enhancing muscular function" and "enhancing fat burning" bear no relation to the discounted "Slim and Shapely Vacation" plans, so the advertisement contained false and misleading representations. 3. With respect to the representations of "enhancing muscular function" and "enhancing fat burning," the respondent submitted a description of its "TAL plan" and its underpinning scientific theory. The Commission then submitted these for comment by the DOH. The DOH's response is summarized as follows: No systematic explanation is given of how the TAL plan "enhances muscular function" and "enhances fat burning," nor is the plan supported by any clinical reports. The massage and hydrotherapy techniques used in the TAL plan are not effective means of "enhancing muscular function" or "burning fat." The most effective means is to engage in regular, appropriate exercise (primarily aerobic exercise and weight training). Therefore, the respondent's advertisement was deemed likely to lead a significant portion of the general or relevant public into a mistaken belief or decision. 4. In summary, the advertisement at issue caused trading counterparts to believe that the aforesaid "HC Natural Approach Plan" and other four plans comprising the NT$18,000 "Slim and Shapely" vacation could effectively "enhance muscular function" and "enhance fat burning." Furthermore, there was no evidence or basis in scientific theory to support the claim that the TAL plan could effectively achieve these results. The advertisement was obviously misleading, in violation of Article 21(3) and, mutatis mutandis, 21(1), of the FTL. Appendix: Famous International Beauty Co., Ltd.'s Uniform Invoice Number: 22737243 Summarized by Yang Chung-lin; Supervised by Pai Yu-chuang