Las Vegas International Entertainment Co. Ltd.

Case:

Key Words:

false advertisement, guiding unit, circus show

Reference:

Fair Trade Commission Decision of March 18, 2009 (the 906th Commissioners' Meeting), Disposition Kung Ch'u Tzu No. 098046

Industry:

Amusement Parks and Theme Parks (9321)

Relevant Laws:

Article 21(3),mutatis mutandis, 21(1) of the Fair Trade Law

Summary:

1. According to media reports, advertisements for "2009 World Circus and Children's Folkgame Fair --- Yilan Circus Show" may contain false or misleading contents regarding animal performance. FTC took the initiative to investigate on January 31, 2009. At that date, there are still regular performance in the East Hall and West Hall, but the animal show room is closed. FTC initiates ex officio investigation for possible violations to the Fair Trade Law.
2. The host for disputed performance is Las Vegas International Entertainment Co., Ltd. (hereinafter referred to as Las Vegas Co.) According to advertisement for "2009 World Circus and Children's Folkgame Fair -- Yilan Circus Show," there shall be horse riding, dog tricks, snakes coming out of the cave, camel tricks, and kangaroo tricks, clown" etc. in the animal show room. When FTC conducted on-site investigation on January 31, 2009, the performance was suspended, and a notice was posted on site, saying that "due to changes in the program, the animal show room will be closed from January 31 to February 6." After Las Vegas Co. acquired the license, the performance shall return on evening from February 20 to 22. However, when FTC visited the site again on February 21, there was still no animal performance. This clearly deviates from what the advertisement has claimed. According to FTC's investigation, the Las Vegas Co. admitted that during the Chinese New Year, the only animal performance performed in the animal show room was a miniature horse tour and some dog tricks; promised performances such as "snakes coming out of the cave, camel tricks, or kangaroo tricks" were substituted by animal dolls and magic shows presenting dogs, pigeons, etc. There was a huge difference between the claimed performance and actual performance, not acceptable by the public. As a result, the advertisement made false, untrue and misleading presentation.
3. In addition, the disputed advertisement claimed "guiding unit: Tourism Bureau of the Ministry of Transportations and Communications and the Yilan County Government." FTC inquired the above-mentioned authorities whether they instructed the program; both said no. Moreover, the Yilan County Government pointed out that it made clear not to be listed during the meeting held on November 13, 2008; it also sent two letters requesting not to be listed on the advertisement of Las Vegas Co., before signing the contract on November 28 and December 4, 2008. Las Vegas Co. intentionally leveraged public reliance on government authorities, causing consumers to mistakenly believe that the program was instructed by government authority. This has constituted false, untrue and misleading presentation.
4. Furthermore, Las Vegas Co. claimed that, due to changes in the site, large facilities such as the ferries wheel and pirate boat could not be installed. As a result, Las Vegas Co. offered 3D movie theater, earthquake experience vehicle, soccer room, family ball room, dinosaur play room, arcade basketball competition, and other indoor activities instead. The pleasure and attraction of those indoor activities can hardly compare with large facilities mentioned in the advertisement, such as "ferries wheel, wave swinger, pirate boat, merry go round, spinning cup," etc. Las Vegas Co. failed to meet general consumers' reasonable expectations on entertainment facilities when they travel to Yilan City. As a result, it has constituted false, untrue and misleading presentation. Las Vegas Co. is ordered to suspend above illegal activities, and an administrative fine of NT$ 500,000 is imposed.

Appendix:
Las Vegas International Entertainment Co. Ltd.'s Uniform Invoice Number: 27576512
Summarized by Chen, Chien-Yu; Supervised by Hsu, Hung-Jen