Hsong-Feng Int., Corp. alleged to have engaged in exaggerated and untruthful advertising in selling its “Feng Li Ting Microcomputer Breast Massager,” in violation of Article 21 of the Fair Trade Law

Chinese Taipei

Case:

Hsong-Feng Int., Corp. alleged to have engaged in exaggerated and untruthful advertising in selling its “Feng Li Ting Microcomputer Breast Massager,” in violation of Article 21 of the Fair Trade Law

Key Words:

Feng Li Ting (literally: “Beautiful Shapely Peaks”), breast massager

Reference:

Fair Trade Commission Decision on June 6, 2002 (the 552nd Commissioners' Meeting); Disposition (91) Kung Ch'u Tzu No. 178

Industry:

Other Retail Trade Not Elsewhere Classified (4799)

Relevant Law:

Article 21 of the Fair Trade Law

Summary:

1. The Department of Health requested the Fair Trade Commission by letter to investigate the advertisements of Hsong-Feng Int., Corp. (the respondent) for its “Feng Li Ting Microcomputer Breast Massager” broadcast on various major cable TV systems. The advertisements at issue made breast enlargement efficiency claims that users of said product would “increase one cup size after seven days,” that the non-pharmaceutical medical device was “absolutely light and easy to use,” and other exaggerated and false claims unsubstantiated by medical theory or clinical trials.

2. The Department of Health was requested to provide a professional appraisal of this case and their findings were as follows: (1) The “Feng Li Ting Microcomputer Breast Massager” uses a curved, hard plastic liner containing a high-frequency vibrating motor to subject the breasts to high frequency vibrations to alter blood flow within the breasts. (2) Labeling on the product packaging states “placed underneath [the breasts] creates a fuller [effect], placed to the sides creates more pronounced cleavage,” however, it is immediately apparent that said effect is merely the result of the hard plastic liner. (3) Also with regard to the product packaging, English-language instructions claim that the product “can improve [breast] elasticity and firmness.” There is no current medical evidence, however, that high-frequency vibrations can strengthen hydrolyzed collagen proteins. (4) Long-term exposure of the hands to high-frequency vibrations can cause constriction of the blood vessels in the hands leading to a condition known as “white finger syndrome,” a known occupational injury. Although there is currently no research proving any detrimental effects of exposure of the breasts to high-frequency vibration, long-term use of vibrating breast enhancement devices is not recommended.

　　In addition, further investigation revealed that the respondent was unable to provide any medical studies or clinical trial data to substantiate its breast enlargement claims. The respondent also acknowledged that it possessed no medical evidence or clinical trial reports to substantiate testimonials made by a Ms. Lin XX and Ms. Huang XX in the advertisements that after use of the respondent's product their bra cup size grew from an “A” cup to “C” cup and that their bust lines grew two inches over a seven-day period. According to the production company contracted by the respondent to produce the advertisements, Ching Hsiang Productions, the advertisements were taped in early August 2001. Ching Hsiang contended that the respondent maintained supervisory control of the entire production process, from script planning through the actual taping, final production and editing, and copying. Ching Hsiang stated that in the “before and after” images related to the testimonials in the advertisements, the “after” images claiming to show enlargement of the breasts after use of the product were actually the original bust lines of the two “witnesses,” while the “before” images were produced using editing techniques to make their bust lines appear smaller.

　　In its sales promotional advertising, the respondent, in effort to obtain the business of the target audience, guaranteed the truthfulness of the advertisement and yet claimed that it did not know the two “witnesses” who gave the testimonials in the advertisements and that it was unable to provide substantive evidence of relevant information such as the measurements quoted and the breast enlargement efficiency claims contained in the advertisements. The respondent's claims that the users of the “Feng Li Ting microcomputer breast massager” would “go up one cup size after seven days,” that the device was “absolutely light and easy to use” and the “actual testimonials” of breast enlargement efficiency contained in its cable television advertisements were therefore false and misleading representations in violation of the provisions of Article 21(1) of the Fair Trade Law.

3. In summary, the facts of the respondent's violation are clear. After considering such factors as the respondent's motivation, scope of operations, duration of the violation and attitude of cooperation with the investigation, the respondent was ordered to immediately cease said illegal practices and fined NT$1.5 million in accordance with the provisions of the forepart of Article 41 of the Fair Trade Law.

Appendix:

Hsong-Feng Int., Corp.’s Uniform Invoice Number: 89947423

Summarized by Yang, Shue-Jean;
Supervised by Wu, Ting-Hung

＊＊: For information of translation, click here

1.	The Department of Health requested the Fair Trade Commission by letter to investigate the advertisements of Hsong-Feng Int., Corp. (the respondent) for its “Feng Li Ting Microcomputer Breast Massager” broadcast on various major cable TV systems. The advertisements at issue made breast enlargement efficiency claims that users of said product would “increase one cup size after seven days,” that the non-pharmaceutical medical device was “absolutely light and easy to use,” and other exaggerated and false claims unsubstantiated by medical theory or clinical trials.
2.	The Department of Health was requested to provide a professional appraisal of this case and their findings were as follows: (1) The “Feng Li Ting Microcomputer Breast Massager” uses a curved, hard plastic liner containing a high-frequency vibrating motor to subject the breasts to high frequency vibrations to alter blood flow within the breasts. (2) Labeling on the product packaging states “placed underneath [the breasts] creates a fuller [effect], placed to the sides creates more pronounced cleavage,” however, it is immediately apparent that said effect is merely the result of the hard plastic liner. (3) Also with regard to the product packaging, English-language instructions claim that the product “can improve [breast] elasticity and firmness.” There is no current medical evidence, however, that high-frequency vibrations can strengthen hydrolyzed collagen proteins. (4) Long-term exposure of the hands to high-frequency vibrations can cause constriction of the blood vessels in the hands leading to a condition known as “white finger syndrome,” a known occupational injury. Although there is currently no research proving any detrimental effects of exposure of the breasts to high-frequency vibration, long-term use of vibrating breast enhancement devices is not recommended.
	In addition, further investigation revealed that the respondent was unable to provide any medical studies or clinical trial data to substantiate its breast enlargement claims. The respondent also acknowledged that it possessed no medical evidence or clinical trial reports to substantiate testimonials made by a Ms. Lin XX and Ms. Huang XX in the advertisements that after use of the respondent's product their bra cup size grew from an “A” cup to “C” cup and that their bust lines grew two inches over a seven-day period. According to the production company contracted by the respondent to produce the advertisements, Ching Hsiang Productions, the advertisements were taped in early August 2001. Ching Hsiang contended that the respondent maintained supervisory control of the entire production process, from script planning through the actual taping, final production and editing, and copying. Ching Hsiang stated that in the “before and after” images related to the testimonials in the advertisements, the “after” images claiming to show enlargement of the breasts after use of the product were actually the original bust lines of the two “witnesses,” while the “before” images were produced using editing techniques to make their bust lines appear smaller.
	In its sales promotional advertising, the respondent, in effort to obtain the business of the target audience, guaranteed the truthfulness of the advertisement and yet claimed that it did not know the two “witnesses” who gave the testimonials in the advertisements and that it was unable to provide substantive evidence of relevant information such as the measurements quoted and the breast enlargement efficiency claims contained in the advertisements. The respondent's claims that the users of the “Feng Li Ting microcomputer breast massager” would “go up one cup size after seven days,” that the device was “absolutely light and easy to use” and the “actual testimonials” of breast enlargement efficiency contained in its cable television advertisements were therefore false and misleading representations in violation of the provisions of Article 21(1) of the Fair Trade Law.
3.	In summary, the facts of the respondent's violation are clear. After considering such factors as the respondent's motivation, scope of operations, duration of the violation and attitude of cooperation with the investigation, the respondent was ordered to immediately cease said illegal practices and fined NT$1.5 million in accordance with the provisions of the forepart of Article 41 of the Fair Trade Law.