Witen International Co., Ltd. engaged in false advertising in violation of the Fair Trade Law
Case:
Witen International Co., Ltd. engaged in false advertising in violation of the Fair Trade Law
Key Words:
satellite channel, energy bra, increase bra cup size
Reference:
Fair Trade Commission Decision of February 15, 2001 (the 484th Commissioners' Meeting); Disposition (90) Kung Ch'u Tzu No. 033
Industry:
Other Fabric, Clothing, Apparel Products Retailing Industry (5349)
Relevant Laws:
Articles 21 and the forepart of Article 41 of the Fair Trade Law
Summary:
1. A complaint filed alleged the following facts: On 23 June 2000, Witen International Co., Ltd. ("Witen") ran commercials regarding the "Adorer Bio Energy Bra" on Chung Shih Satellite Channel and, on 25 July 2000, commercials regarding the "Ya Fuo Ai Lien Energy Bra" on Pi Li Satellite TV Station. The products in the commercials were actually the same, and the benefits claimed were as follows: "increases breast size from size A bra cups to size B bra cups," "stimulates hormone growth and breast development," "capable of suppressing spread of malignant cells," "maintains growth function of mammary glands," "makes sagging breasts erect and buoyant like those of a young girl." The claims made in the commercials ran on both channels were essentially the same. In the complaint, the Department of Health (DOH) stated that the claims were exaggerated and false, and that they had no basis in medical theory or clinical trials. 2. Despite Witen's written defense, subsequent to a DOH expert study conducted at the request of the Fair Trade Commission, DOH indicated that the commercials' claim, "all-day-long massage [by the bra] can achieve the effect of massaging breast muscles and stimulating hormone growth and breast development," lacked concrete evidence from medical theory and clinical trials. It also stated that the commercials misled the public into believing that by using the products, "breast size can be increased from size A bra cups to size B bra cups" as a result of breast stimulation. Witen itself had also stated that the benefits claimed in the commercials needed to be revised, and that it had made the decision to discontinue running the commercials as soon as possible. In view of this, there was little doubt that the commercials constituted false and misleading representations. 3. After considering Witen's motives, its purposes, and the impact of its conduct on the order of trade, the Fair Trade Commission ordered the company to immediately discontinue its false and misleading representations and imposed on the company an administrative fine of NT$200,000 pursuant to the forepart of Article 41 of the Fair Trade Law.Appendix: Witen International Co., Ltd.'s Uniform Invoice Number: 89360055 Summarized by Wu, Hung-Guan; Supervised by Day, Bey-Yi