Shang Meng Advertising Co. violated the Fair Trade Law with its false and misleading representations when it "sold" daily supplies in the name of an automobile show

Chinese Taipei

Case:

Shang Meng Advertising Co. violated the Fair Trade Law with its false and misleading representations when it "sold" daily supplies in the name of an automobile show

Key Words:

false and misleading

Reference:

Fair Trade Commission Decision of February 12, 1992 (1st Commission Meeting); Disposition (81) Kung Ch'u Tzu No. 001

Industry:

Retail Industry (5319)

Relevant Laws:

Article 21 of the Fair Trade Law

Summary:

1. Complaints were filed to the Fair Trade Commission in February 1992, about the inconsistency between the objects of the 1992 Exhibition of Super Automobiles, Motorcycles and Modern Supplies in the Exhibition Hall adjacent to Sung Shan Domestic Airport and the advertisements for such exhibition, resluted in probable deception to consumers.

2. The Commission conducted on-site investigation upon receipt of the complaints and found:

(1) The large signboard outside the Exhibition Hall stated "1992 Exhibition of Super Automobiles, Motorcycles and Modern Supplies."

(2) Objects in the exhibition were indicated on a poster located above the ticket office as follows:

Super Motorcycle 250 cc ~ 1200 cc
Cross-Country Race Car Series 7
Street Car Series 4
Technical Climbing Car Series 2
Hippie Car Series 2
10 beautiful models will pose for the exhibition.
Creative Motorcycles Hung from the ceiling
Race Car Series 3
Mystery of the Universe 55 pictures about the Nine Planets
Modern Supply Zone 50 Modern Supply Booths
Means of Transportation in Ancient China sedans, tricycles and antique motorcycles

(3) Ticket Price: NT$100 per person, free for any person under 120 cm.

(4) Interior of the Exhibition Hall

a. Display of automobiles and motorcycles accounted for one third of the total exhibition space.

b. 10 out of the 50 Modern Supply Booths displayed supplies related to automobiles and motorcycles, and 40 booths displayed supplies unrelated to automobiles and motorcycles.

c. "Mystery of the Universe-55 pictures about the Nine Planets" were displayed on the walls of the Exhibition Hall.

d. There was a karaoke show at 2:30 p.m. where ten unprofessional models sang songs to entertain the audience.

e. Exhibition booths were as follows: one booth for sale of maps, one for videotapes, twelve for automobile and motorcycle accessories, one for leather products, eleven for toys, one for electronic games, ten for daily supplies, two for stereo, one for earrings, one for vacuum cleaners, one for sports supplies, one for ties, two for suits, one for foods (gifts), two for health equipment and one for foods and beverages.

3. The Commission conducted an on-site survey to solicit opinions of those attending the exhibition. Of the 58 subjects interviewed, 77.8% said they had expected to see "super automobiles and motorcycles", 36.2% of the subjects were dissatisfied with the exhibition, and 32.7% were very dissatisfied, which accounted for a total of 68.9% of the subjects being dissatisfied. 92.5% of the interviewed felt that the objects being exhibited were inconsistent with the advertisements for the exhibition.

4. Because of the inconsistency between the objects being exhibited and the advertisements for the exhibition, the general consumers would be misled as to the objects being exhibited after reading the advertisements. In other words, the organizer of the exhibition has made false or misleading representations when it sold daily supplies in the name of an automobile show. Therefore, the Commission hereby orders that Shang Meng Advertising Co. should correct its actions within the period specified by the Commission in accordance with Article 41 of the Fair Trade Law, and that Shang Meng, when conducting any future exhibitions, should (1) specify expressly in the headlines of the relevant advertisements the daily supplies to be sold, and (2) indicate in a conspicuous place in the advertisements or at ticket offices the automobiles, motorcycles, and products to be sold.

Summarized by Wu Ting-hung

＠: For information of translation, click here

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