A complaint alleging Mei Chia Ltd. Co. made false presentations in the "Energy Water Massage Bra" advertisement in issue 512 of Fei Ts'ui Magazine in violation of the Fair Trade Law
Case:
A complaint alleging Mei Chia Ltd. Co. made false presentations in the "Energy Water Massage Bra" advertisement in issue 512 of Fei Ts'ui Magazine in violation of the Fair Trade Law
Key Words:
Mei Chia Ltd. Co., Fei Ts'ui Magazine, Energy Water Massage Bra, hidden advertisement
Reference:
Fair Trade Commission Decision of November 2, 2000 (the 469th Commissioners' Meeting); Letter (89) Kung Ts'an Tzu No. 8901972-005 and Disposition (89) Kung Ch'u Tzu No. 177
Industry:
Women's Undergarments Industry (1422)
Relevant Laws:
Article 21 of the Fair Trade Law
Summary:
1. The Department of Health (DOH) sent a letter to the Fair Trade Commission (the Commission) stating that the product referred to in the "Energy Water Massage Bra" advertisement published in issue 512 (erroneously recorded as issue 511) of Fei Ts'ui Magazine (dated 2000 January 4~18) did not constitute a medical device under the Pharmaceutical Affairs Law (and therefore was not regulated by the said law). Attached to the letter was a photocopy of the advertisement. The DOH stated further that the advertisement's claims "(that the product will) promotes blood circulation and metabolism, adjusts biological functions, promotes blood gas exchange, enlarges breasts, make areolas more pinkish, make skin more resilient, prevent breasts from sagging and flattening" were exaggerations devoid of theoretical basis or clinical evidence. The DOH asked the Commission to investigate and handle the case.
2. Mei Chia Ltd. Co commissioned the "Energy Water Massage Bra" advertisement contained in issue 500 of Fei Ts'ui Magazine. The membership hotline listed in the "Energy Water Massage Bra" advertisement contained in issue 512 of Fei Ts'ui Magazine (dated 2000 January 4~18) was published by Fei Ts'ui Magazine without any contractual obligations and based on informational release provided by Mei Chia. The advertisement was not published in issue 511 of Fei Ts'ui Magazine (dated 21 December 1999 ~ 4 January 2000).
3. With respect to the fact that the Mei Chia membership hotline was listed in the "Energy Water Massage Bra" advertisement contained in issue 512 of Fei Ts'ui Magazine was, Fei Ts'ui was sent a notification instructing it to appear before the Commission to give a statement. Before the Commission, Fei Ts'ui stated that it had published the advertisement under no contractual obligation, and it submitted a photocopy of the relevant advertisement contract (with Mei Er T'ing Health and Beauty Equipment Ltd. Co) and informational release (from Mei Chia) as proof. Fei Ts'ui stated that the advertisement had been produced from informational release supplied by Mei Chia, and that the advertisement had not been commissioned by the interested party Mei Er T'ing Health and Beauty Equipment Ltd. Co. Inspection of actual copies of issue 511 of Fei Ts'ui Magazine (dated 21 December 1999 ~ 4 January 2000) confirmed that that issue contained no advertisements related to the "Energy Water Massage Bra" advertisement. When Fei Ts'ui appeared before the Wenshan District Health Center to give a statement, it had already stated that the aforesaid interested party had not authorized the advertisement in question, that is, the advertisement appearing in issue 512 of Fei Ts'ui Magazine. In Fei Ts'ui's second appearance along with Mei Chia before the Commission, an original copy of the advertisement placed by Mei Chia was produced. While the advertisement may contain the claims "(that the product will) promotes blood circulation and metabolism, adjusts biological functions, promotes blood gas exchange, enlarges breasts, make areolas more pinkish, make skin more resilient, prevent breasts from sagging and flattening," the advertisement had not been commissioned by the party to this case Mei Er T'ing. Mei Chia stated that the advertisement published in issue 512 was actually an informational release, because it had taken up only the space of a small fraction of a page in the magazine. It was evidently different from the commercial advertisement published in issue 500, as the latter had taken up a full page. Mei Chia stated also that it had not published commercial advertisements at the time because its suppliers in Central Chinese Taipei had suspended operations following the major earthquake that struck Chinese Taipei on 21 September 1999. As the content for the advertisement had been supplied by Mei Chia, and the advertisement constituted a commercial advertisement in disguise, even though Mei Chia did not review and approve it, and even though the advertisement had been published free of charge, Mei Chia should nevertheless be deemed the principal responsible entity of the advertisement. Because Mei Chia provided no theoretical basis or clinical evidence in support of the benefits claimed in the "Energy Water Massage Bra" advertisement published in Fei Ts'ui Magazine, the said advertisement contained false and misleading presentations in violation of Article 21(1) of the Fair Trade Law. Appendix Mei Chia Ltd. Co.'s Uniform Invoice Number: 89919926 Summarized by Kuo-lun Chiang; Supervised by Jack T. H. Wu