Violation of Fair Trade Law by Yi Chia Li Beauty Ltd., Co. for false advertising
Chinese Taipei
Case:
Violation of Fair Trade Law by Yi Chia Li Beauty Ltd., Co. for false advertising
Key Words:
false, untrue and misleading representation, official number indicating issuance of a permit by the Department of Health, service price
Reference:
Fair Trade Commission Decision of February 3, 1999 (379th Commissioner Meeting); Disposition (88) Kung Ch'u Tzu No. 014
Industry:
Barber and Beauty Shop (8991)
Relevant Law:
Article 21 of the Fair Trade Law and Last Paragraph of Article 41 of the Fair Trade Law before amendment
Summary:
Consumers charged Yi Chia Li Beauty Ltd., Co. (respondent) with falsely advertising its Brimming and Blossoming Beautiful Breasts products that, based on the advertisement, provided six courses and six results for “ only” NT$1,500 but, in fact, there was no single item for NT$1,500. It also stated that breasts could be made fuller without taking shots or drugs but the product [technical description of product not translated] bought by the consumers was in fact imported by the agent of a drug factory.
The Department of Health (DOH) examine a catalog of the products and found that DOH Hsih Shu No. 86038106/Ting and DOH Hsih Shu No. 59900343/Yi were suspect as there was no record of official documents or permits with DOH Hsih Shu nor was there a record of registered products with 59900343/Yi. There was also no record of anything similar to DOH Hsih Shu No. 86038106/Yi therefore it was decided that the numbers in the catalog were obviously false.
As there was a total of six courses (MC, AC, SR, MG, OS and HB), at least NT$12,000 would be needed for each course which consisted of eight classes at NT$1,500 per class and there was no single item for NT$1,500. Therefore, the prices of services related to these items constituted a false, untrue and misleading representation.
In the Fair Trade Commission (FTC) Disposition (85) Kung Tzu No. 124 of July 25, 1996, an advertisement of the respondent regarding the prices of services related to these items, was already decided as false and the respondent was ordered to cease such false acts. The respondent, in terms of the prices of related services, continues the false, untrue and misleading representations and obviously fails to conform with the FTC disposition ordering that the illegal act be ceased. In consideration of the respondent’ s illegal act and its business scale, it was fined NT$200,000 pursuant to provisions in the last paragraph of Article 41 of the Fair Trade Law.
Summarized by Wu Hung-kuan
Supervised by Chu Wei-ching
Appendix:
Yi Chia Li Beauty Ltd., Co.’s Uniform Invoice No.:30969596