Violation of the Fair Trade Law by Zsin Products Inc. for its advertisement of "Ni Tai Li Er Massaging Bras"
Chinese Taipei
Case:
Violation of the Fair Trade Law by Zsin Products Inc. for its advertisement of "Ni Tai Li Er Massaging Bras"
Key words:
false advertisement
Reference:
Fair trade commission Decision of 17 June 1998 (the 345th Commission Meeting); Disposition(87) Kung Ch’u Tzu No.138
Industry:
Other Consulting Service Industry (7409)
Relevant Laws:
Article 21 of the Fair Trade Law
Summary:
Zsin Products Inc. [the respondent] made the following false statements in its advertisement published in the Tu Chia Pao magazine for the subject product: (1) “obtained patents in various Asian countries including Japan and Chinese Taipei”; (2) “substantial growth, pinky nipples, immediate results.” The respondent was suspected of violating Article 21 of the Fair Trade Law (hereinafter referred to as the Law).
The Fair Trade Commission (hereinafter referred to as this Commission) investigated the matter and reached a decision that the respondent had violated Article 21 of the Law for its advertisement stating that the Bras had “obtained patents in various Asian countries including Japan and Chinese Taipei.” Upon review of the Japanese patent certificate, it was found that the patent was for “pads for bras,” and not the Bras themselves. Regarding the alleged Chinese Taipei’s patent, the application was currently pending examination due to objection(s). As to the ad’s claim of “substantial growth, pinky nipples, and immediate results,” the respondent argued that the interior of the Bra cups was fluid and could visually enhance the measurement of the breasts. There was no evidence that the Bras could cause substantial growth. The respondent also alleged that the interior pads of the Bras, which were composed of hollow, round granules, produced a massage effect, which promoted blood circulation, and that the long-term wearer would have pinky nipples. There was no medical evidence to prove such allegation. Therefore, the advertisement was found to be false, untrue and misleading.
Summarized by Tai, Pei-yi
Supervised by Hsieh, Chi-sen