2020 New Advertising Law Banned Words Cases

Something happened not long ago that angered the public: Dr. Li Wenliang had just passed away, and a company registered the "Li Wenliang" trademark on the same day.

Is this something a human would do?

On February 27, the Changsha Intellectual Property Office ordered the company to withdraw its application and has launched an investigation into the illegal behavior.

I really don't know whether to say that this company is inhumane and is taking advantage of others' misfortune, or that it is brainless and doesn't know what the law is, which is why it would do such a stupid thing.

As citizens, we must know and understand the law, and as advertisers, we must be familiar with the Advertising Law .

The new "Advertising Law" was promulgated in 2015 and revised in 2018. Although the clauses stipulate situations that must not appear in advertisements, it is actually not very easy to implement. The legal provisions do not provide a clear explanation of what can and cannot be said.

So this time we have collected and compiled some cases of violations and illegalities after the promulgation of the new Advertising Law to make it easier for everyone to understand.

1. Taboos on expressing authority

1. Terms such as "recommended by the national XXX leader", "recommended by the national XX agency", "exclusively supplied by the national XX agency", "specially supplied", etc., which use the names of the state or state agency staff for publicity.

2. Terms such as exemption from quality inspection, no need for national quality inspection, exemption from random inspection, etc. that claim that quality does not require inspection.

3. RMB pattern (except those approved by the central bank);

4. Words such as time-honored brand, well-known Chinese trademark, special supply, and exclusive supply.

⊙ Illegal Case 1-Moutai: Removal of the words "National Liquor"

On June 29, 2019, "National Liquor Moutai" was officially changed to "Kweichow Moutai", and the words "National Liquor" were removed due to the "National Liquor Gate".

⊙ Illegal Case 2-3W Coffee: Fined for Launching "Premier Li Keqiang's Same Coffee"

On January 10, 2019, Beijing 3W Coffee Co., Ltd. was fined 200,000 yuan by the Haidian Branch of the Beijing Municipal Administration for Industry and Commerce for publishing advertisements containing the words "the same coffee as the Prime Minister" and images of national leaders in its business premises.

⊙ Illegal Case 3-China Media Group: "CCTV National Brand Plan" under investigation

On January 17, 2019, the State Administration for Market Regulation summoned China Media Group regarding the suspected violation of the Advertising Law by the advertising language of the "CCTV National Brand Plan" and instructed the Beijing Municipal Bureau of Market Supervision to initiate an investigation in accordance with the law.

⊙ Illegal Case 4-Foodie Health: Using the Image of a State Organ Staff Member

In 2019, Shanghai FuDi Health Technology Co., Ltd. was fined 1 million yuan for using the images of several state agency staff members for advertising.

⊙ Illegal Case 5-Yicai Paper and Plastic Packaging Factory: Printing cartoon images of national leaders

In 2019, the Yicai Paper and Plastic Packaging Factory in Chaozhou City, Guangdong Province was fined 800,000 yuan for printing milk tea sealing film with cartoon images of national leaders for use in the milk tea shops and franchise stores it operated. The advertisements were printed in large quantities and distributed widely, causing adverse social impacts.

2. Contains "首/家/国" and related words

5. Terms such as the first, first choice, global debut, national first, network-wide debut, first type, first, exclusive, exclusive formula, national sales champion, national product, national (national inspection exemption), national leader, filling domestic gaps, etc.

⊙ Illegal Case 6-Han Fei Medical Beauty Clinic: Use of Absolute Terms

In 2019, Zhuhai Hanfei Medical Beauty Clinic Co., Ltd. released promotional content including "the first in the country", "the most cutting-edge plastic surgery technology, the most sophisticated plastic surgery techniques, the best plastic surgery results", and "world-class plastic surgery technology" and was fined 100,000 yuan.

3. Contains "most" and related words

6. Most, best, most, most loved, most profitable, optimal, most advanced, most excellent, best, largest, greatest extent, highest, highest level, most upscale, most luxurious, lowest, lowest level, lowest price, bottom, cheapest, fashionable lowest price, most popular, most popular, most fashionable, most gathered, most suitable, most comfortable, first, most advanced, most advanced science, most advanced processing technology, first to enjoy, last, last wave, latest, latest technology, latest science and other absolute terms with the same or similar meanings.

⊙ Illegal Case 7-Zhongbang Packaging Materials: Use of Absolute Terms

In 2019, Shijiazhuang Zhongbang Packaging Materials Co., Ltd. was fined 200,000 yuan for publishing an advertisement containing the content "the largest pharmaceutical aluminum-plastic packaging and heavy-duty packaging production base in the north."

4. Contains "一" and related words

7. No. 1, No. 1 in China, No. 1 in the entire network, No. 1 in sales, No. 1 in ranking, only one, No. 1 brand, NO.1, TOP.1, unique, No. 1 in the country, first-class, one day, only once (one), the last wave, one of the top X brands in the country, etc.

⊙ Illegal Case 8-Zhengliyuan Kudzu Root Powder: Advertisement content does not match reality

In November 2019, Chongqing Zhengliyuan Science and Technology Co., Ltd. published a food advertisement containing content such as "China's No. 1 Brand in the Pueraria Industry" and was fined 200,000 yuan.

5. Contains "Level/Extreme" and related words

8. Terms such as national level (except those issued by relevant units), global level, cosmic level, world level, top level (top/cutting-edge), top craftsmanship, top enjoyment, best, excellent (excellent/absolute), ultimate, and extreme.

⊙ Illegal Case 9-Xiaohongshu: Use of inappropriate terms

On February 3, 2019, the administrative penalty decision published by the Shanghai Jiading District Market Supervision Bureau showed that the operator of the Xiaohongshu App, Xingyin Information Technology (Shanghai) Co., Ltd., was fined 30,000 yuan for using terms such as "national level, highest level, best" when publishing advertisements.

⊙ Illegal Case 10-Hammer Phone: The Second Most Useful Phone in the World

In February 2015, the Haidian Branch of the Beijing Municipal Administration for Industry and Commerce officially ruled that the Smartisan smartphone, known as “the world’s second most user-friendly smartphone,” violated regulations and ordered it to stop publishing illegal advertisements and make public corrections.

6. Related words indicating brand status

9. Terms such as ace, leading brand, world leading, far ahead, leader, creator, leading brand, leading listing, supreme, peak, leader, king, king, champion, king of land, king of buildings, etc.

⊙ Illegal Case 11-Guazi Used Cars: Fined for False Advertising Slogan

On November 15, 2018, Jinguazi Technology Development (Beijing) Co., Ltd. was fined 12.5 million yuan for using the false slogan "Guazi Used Car has been established for only one year and its transaction volume is far ahead" in its advertisements.

⊙ Illegal Case 12-Jiaduobao: "10 cans of herbal tea and 7 cans of Jiaduobao" was fined

On August 16, 2019, according to the "Civil Judgment" of the Supreme Court, Wuhan Jiaduobao was ordered to compensate Guangzhou Pharmaceutical Group and Wanglaoji Health for a total of 1 million yuan, and to stop publishing the slogan "7 out of every 10 cans of herbal tea sold in China are Jiaduobao", and to stop using and destroy product packaging printed with the slogan "The country's leading red can of herbal tea - Jiaduobao".

7. Words that express absoluteness, limit, and cannot be verified

10. Absolute value, absolute, big brand, precise, super profitable, leading brand, first to market, superstar, famous, luxury, one of the world's/national X-largest brands, world-class, gold medal, famous brand, excellent, world-leading, top-notch craftsmanship, trump card, sales champion, ultimate, permanent, trump card, leader, leading brand, one-of-a-kind, unprecedented, omnipotent, 100%, international quality, high-end, genuine, and other false or exaggerated expressions that are difficult to judge the authenticity.

⊙ Illegal Case 13-Huayu New Materials: Use of Absolute Terms

In 2019, Foshan Huangyu New Materials Technology Co., Ltd. was fined 230,000 yuan for publishing an advertisement containing terms such as "leading brand", "absolutely pollution-free", "the price is the lowest", "the quality is the best", "absolutely the best choice, no doubt about it", "the world's top", and "the best alternative".

8. Superstitious Words

11. Bring good luck, enhance the sixth sense, resolve villains, increase career luck, attract wealth, health and prosperity, improve luck, help career, protect yourself, balance positive and negative energy, eliminate mental stress, harmonize air pressure, turn misfortune into good fortune, good luck, everything goes well, bring prosperity to people, bring wealth, help avoid misfortune, turn wealth into fortune and other superstitious terms.

⊙ Illegal Case 14-Country Garden: Publishing superstitious content such as Feng Shui

In 2019, Country Garden in Maoming City released an advertisement that "paid a large sum of money to hire international fortune-bringing master Huang Chuqi to explain Feng Shui, bring good luck in the Year of the Pig, and give away fortune-bringing handbooks and signs." It was fined 205,000 yuan for involving superstitious content.

⊙ Illegal Case 15-Aoyuan Jinlan Bay: Slogans containing superstitious content

In March 2019, Chongqing Boang Real Estate Co., Ltd.'s "Aoyuan Jinlan Bay" was fined 50,000 yuan for publishing an advertisement containing the content "Enjoying the top-notch feng shui layout surrounded by mountains and water, and gathering wind and energy, it is the first full-life cycle residence in an excellent location for wealthy families to pass on their family traditions."

9. Terms that border on pornography

12. Pornographically suggestive words that violate good social customs, such as close contact, lingering warmth, lingering fragrance, and descriptions of body organs.

⊙ Illegal Case 16-Neptune Star: Sexually suggestive online live broadcast

On June 15, 2018, Shanghai Neptune Star Pharmacy Co., Ltd. was fined 700,000 yuan in accordance with the law for conducting the "Ball Must Be Hard, Passionate Every Night" online live broadcast event.

⊙ Violation Case 17-Durex: Soft Porn Marketing for College Entrance Examination

On July 24, 2018, Global Times Interactive was fined 800,000 yuan for its Durex brand’s soft pornographic marketing for the college entrance examination.

⊙ Violation Case 18-Juewei Duck Neck: Fined for Double Eleven Pornographic Advertisement

On December 22, 2017, Juewei Duck Neck was fined 600,000 yuan for posting pornographically suggestive advertising posters for the Double Eleven event in its Tmall flagship store.

10. Words related to false content

13. False advertising words that cannot be proven, such as unprecedented, unprecedented, permanent, omnipotent, inherited from ancestors, special effects, invincible, and pure natural.

⊙ Illegal Case 19-Zhenyi Herbal Medicine: False Content Advertising Was Fined

In 2019, Guangzhou Zhenyi Herbal Biotechnology Co., Ltd. published false content advertisements containing content such as "millennium ancient recipe", "secret recipe for black hair", and "let you have permanent black hair for a lifetime" and was fined 200,000 yuan.

11. Statements suspected of defrauding consumers

14. Statements that may mislead consumers, such as click to receive prize, congratulations on winning, free bill for everyone, click for a surprise, click to get, click to turn around, click to try on, click to flip, receive prizes, non-GMO is safer, etc.

⊙ Illegal Case 20-Supor: Silent wall-breaking machine was fined for false advertising

On November 26, 2019, Supor’s “fully silent blender” was fined more than 3.48 million yuan for using false propaganda such as “always silent” in its advertisements.

⊙ Illegal Case 21-Shendan Eggs: The “Hao Tu” Trademark Misleads Consumers

The 2019 "315" Gala exposed the "Hao Tu" eggs under the brand name of Hubei Shendan Health Food Co., Ltd., which misled consumers. In 2015, it was fined 60,000 yuan for using the absolute term "China's largest egg processing company."

12. Expressions that stimulate consumers’ rush to buy

15. Words that stimulate the psychology of buying in a hurry, such as flash sale, hot sale, if you don’t grab it now it will be gone, it won’t get any cheaper, you will miss the chance if you miss it, thousands of people are scrambling to buy it, the rush is going crazy, sold out, sold out, the lowest price in history, you will never miss it again/if you miss it, you will lose it, everyone is scrambling to buy it, get it for free, 0 down payment, zero distance, you set the price, etc.

⊙ Illegal Case 22-Guangan Xinda Real Estate: Fined for “First Batch Sold Out”

In October 2019, Sichuan Guang'an Xinda Real Estate Co., Ltd. was fined 120,000 yuan for publishing an advertisement containing the words "first batch sold out".

13. Expression of Limited Time

16. The limited time must have a specific time limit. All group purchases must indicate the specific activity date, such as today, today, a few days and nights, countdown, now, just, only for, weekend, anniversary, special party, shopping party, flash sale, brand group, boutique group, single product group. It is strictly prohibited to use words that cannot determine the time limit, such as end at any time, only this time, price increase at any time, price reduction immediately, the last wave, etc.

14. Ordinary products contain suspected medical terms

17. Comprehensively adjust the endocrine balance of the human body, enhance or improve immunity, help sleep, treat insomnia, nourish yin and yang, and strengthen yang.

18. Anti-inflammatory, can promote metabolism, reduce red blood streaks, optimize cell structure, repair damaged skin, heal (except healing system), anti-inflammatory, promote blood circulation, and detoxify.

19. Weight loss, clearing away heat and detoxification, clearing heat and removing dampness, treatment, sterilization, bactericidal, antibacterial, sterilization, antibacterial, disinfection, and detoxification.

20. Anti-allergic, softening, soothing, allergic relieving, desensitizing, anti-allergic, allergic reduction, improve sensitive skin, improve allergic phenomena, reduce skin sensitivity.

21. Calm, soothe, regulate qi, promote qi circulation, activate blood circulation, promote tissue regeneration, replenish blood, soothe the nerves, nourish the brain, invigorate qi, and dredge the meridians.

22. It can promote gastric bloating and peristalsis, promote diuresis, dispel cold and detoxify, regulate endocrine, delay menopause, nourish the kidney, dispel wind, and promote hair growth.

23. Anti-cancer, anti-cancer,

24. Remove scars, lower blood pressure, prevent and treat hypertension.

25. Improve endocrine, balance hormones, prevent ovarian and uterine dysfunction, remove toxins from the body, and absorb lead and mercury.

26. Dehumidify, moisturize, treat underarm odor, treat body odor, and treat vaginal odor.

27. Beauty treatment, remove spots, remove spots instantly, eliminate spots, treat alopecia areata, gradually reduce various spots and stretch marks.

28. Hair regeneration; hair regeneration; black hair growth; stop hair loss; hair growth and stop hair loss; seborrheic alopecia; pathological alopecia; hair follicle activation, rosacea; wound healing and toxin removal;

29. Relieve spasms and convulsions, reduce or alleviate disease symptoms, prescriptions, and clinical observations of ×× cases have shown obvious effects.

30. Papules, pustules, tinea manuum, tinea unguium, tinea corporis, tinea capitis, tinea cruris, tinea pedis, athlete's foot, tinea pedis, tinea versicolor, psoriasis, and infectious eczema.

31. Colds, menstrual pain, myalgia, headache, abdominal pain, constipation, asthma, bronchitis, and indigestion.

32. Names or symptoms of diseases such as knife wounds, burns, scalds, carbuncles, folliculitis, skin infections, and facial spasms.

33. Names of microorganisms such as bacteria, fungi, Candida, Pityrosporum, anaerobic bacteria, Odontosporum, acne, and hair follicle parasites.

34. Estrogen, androgen, hormones, antibiotics, hormones.

35. Drugs, Chinese herbal medicine, and central nervous system.

36. Cell regeneration, cell proliferation and differentiation, immunity, affected areas, scars, joint pain, frostbite, and frostbite.

37. Oxygen exchange between skin cells, redness and swelling, lymph fluid, capillaries, lymphatic toxins, etc.

38. Other medical terms related to disease treatment functions and disease names.

⊙ Illegal Case 23-Gome Online: Failure to stop illegal advertising activities in accordance with the law

On December 12, 2019, a third-party merchant on Gome Online's website published illegal advertisements in its online store promoting ordinary foods with therapeutic effects. Gome Online failed to fulfill its obligation to stop the incident in accordance with the law and was fined 660,000 yuan.

⊙ Illegal Case 24- KI polysaccharide: falsely claiming disease prevention function

In December 2019, Shanghai Malilai Industrial Co., Ltd. was fined 500,000 yuan for falsely promoting the common food "KI polysaccharide" as having disease prevention and treatment functions.

⊙ Illegal Case 25- Shengzhou Biotechnology: Ordinary food was fined for fabricating therapeutic functions

In 2019, Zhejiang Jiaxing Shengzhou Biotechnology Co., Ltd. was fined 75,000 yuan for publishing a common food advertisement "Brazilian Mushroom" that involved disease treatment functions and used medical terms.

15. Prohibited words in medical advertisements (including hospital, medicine, medical device)

39. Words that make guaranteed promises about the medical results, such as effective on the same day, cured from the root in XX days, cure rate is XX%, farewell easily, all cured, prolong life, the highest medical level, safer, quick recovery, zero accidents, zero worries, completely cleared, one-time cure without recurrence, no one relapsed, all recovered, completely eliminated, significant improvement, etc.

40. The words “Please purchase and use according to the drug instructions or under the guidance of a pharmacist” are not stated.

⊙ Illegal Case 26-999 Pi Yan Ping: Fine for unclear drug advertisement label

On December 17, 2019, 999 Pi Yan Ping was fined 900,000 yuan for using actors to read out advertisements in the ending mini-theaters of the 4th, 6th and 7th episodes of the third season of "Tucao Conference" without indicating contraindications and adverse reactions, nor indicating the words "Please purchase and use according to the drug instructions or under the guidance of a pharmacist."

⊙ Illegal Case 27-Toutiao: Publishing medical advertisements without review

In March 2018, Toutiao APP had more than 230,000 yuan in advertising fees confiscated and was fined 707,900 yuan for publishing multiple medical advertisements that did not obtain medical advertising review certificates.

16. Prohibited Words in Cosmetics Advertisements

41. Special effects, high efficiency, full effect, strong effect, fast effect, quick whitening, one wash to whiten, effective in XX days, effective in XX cycles, super strong, activation, all-round, comprehensive, safe, non-toxic, fat dissolving, liposuction, fat burning, slimming, face slimming, leg slimming, weight loss, longevity, improve (protect) memory, improve skin resistance to irritation, eliminate, remove, dissolve dead cells, remove (eliminate) wrinkles, smooth wrinkles, repair broken elastic (force) fibers, stop hair loss, adopt new coloring mechanism that never fades, quickly repair skin damaged by UV rays, renew skin, destroy melanocytes, block (hinder) the formation of melanin, breast enhancement, breast enlargement, make breasts fuller, prevent breast sagging (except breast beauty and bodybuilding cosmetics), improve (promote) sleep, sleep comfortably, etc.

⊙ Illegal Case 28-L’Oreal: Fined for False Content Advertising

L'Oréal (China) Co., Ltd. was fined 200,000 yuan for publishing false content advertisements with fictitious product effects, such as "No matter your age or skin condition, your skin will be as good as new in 8 days."

17. Prohibited Words in Real Estate Advertisements

42. Words that indicate commitment to appreciation or investment return, such as stable returns, guaranteed appreciation, worry-free protection, stable income, immediate rental income, appreciation value, value depression, natural value, investment return, crowdfunding, copycat, stock speculation is not as good as buying a house, unlimited appreciation potential, earn money as soon as you buy, etc.

43. Phrases such as "XX minutes to reach the railway station/airport/highway" and "only takes XX minutes" are used to indicate the location of a project by the time required for the project to reach a specific reference object.

44. Words that mislead consumers such as "one river, one island, five parks, two rivers, one lake, four parks", "XX hospital is under planning and construction", "XX urban rail transit is under planning", "XX cultural center/gymnasium/school is under planning and construction", "XXX school is close at hand", "no worries about further studies", "education escort", "nine-year education", "one-stop education", "living in school district housing", "priority admission", "12 years of worry-free education", "let your children win at the starting line" and so on.

45. Other words that mislead the public about transportation, commerce, cultural and educational facilities or other municipal conditions that are being planned or constructed.

⊙ Illegal Case 29-Soufang.com: Promising appreciation of investment returns

In September 2019, the Chongqing branch of Beijing Soufun Network Technology Co., Ltd. was fined 150,000 yuan for publishing an advertisement containing content such as "guaranteeing a return on wealth investment."

⊙ Illegal Case 30-Xinguang Investment and Real Estate: Indicating Location by Arrival Time

Maoming Xinguang Investment and Real Estate Co., Ltd. was fined 20,000 yuan for publishing advertisements with content such as "Binwan Road is at the entrance of the project, close to Nanhai Avenue, and can reach Shuidong Port in about 15 minutes", "It can connect to the Shenzhen-Maoming High-speed Railway in about 20 minutes via Maonan Avenue".

18. Prohibited Words in Education and Training Advertisements

46. ​​Words such as "memory efficiency improved a hundredfold", "achievements soar", "photographic memory", "remember everything in 7 days and never forget", "pass rate XX%), "high score king", "top ranking", "creating a legend", "100% high-paying employment", "national recognition", etc., which make guaranteed promises on the training effect and obtaining degree and academic qualifications.

47. Phrases such as “joint efforts of test experts”, “definition of test scope”, and “golden key to Peking University/Tsinghua University” imply that test setters are involved in the training.

⊙ Illegal Case 31-Shangde Education: Falsifying academic qualifications

Beijing Shande Online Education Technology Co., Ltd. claimed in its advertisements that "the course can be completed in one year and is recognized by the state", but was unable to issue academic certificates and was fined 279,300 yuan.

⊙ Illegal Case 32-Brain Cube Whole Brain Application Training Center: Exaggerating the training effect

In 2019, the Fenghua Branch of Inner Mongolia Brain Cube Whole Brain Application Training Center Co., Ltd. published an education and training advertisement containing content such as "Increase word memory efficiency a hundred times, remember three years of words in 30 hours", "Read ten lines at a glance and never forget them", and "Remember the entire semester's English words in 7 days" and was fined 600,000 yuan.

19. Prohibited Words in Financial Advertisements

48. Words that make guaranteed promises about future returns, such as 100% principal and interest guarantee, 100% winning rate, X%-X% annualized rate of return, risk-free, value preservation and appreciation, peace of mind on principal and interest, stable profit, most professional, and safest.

49. Reasonable reminders or warnings should be given regarding possible risks and risk responsibilities.

⊙ Illegal Case 33-Rong360: Illegal publication of financial management advertisements promising principal protection

On June 4, 2019, Beijing Rongshiji Information Technology Co., Ltd., the parent company of Rong360, an Internet financial vertical search platform, was fined 700,000 yuan for containing "guaranteed commitments on future earnings."

⊙ Illegal Case 34-Zhihui LeTou: Fined for Promoting “No Risk”

In 2019, the Shijiazhuang Branch of Zhihui Information Consulting (Beijing) Co., Ltd. was fined 100,000 yuan for publishing promotional content such as "Zhihui LeTou has high income, no risk, safe and reliable, and value preservation and appreciation".

20. False advertising of patented technology

50. Those who have not obtained patent rights shall not falsely claim to have obtained patent rights in advertisements. It is prohibited to use patent applications for which no patent rights have been granted and patents that have been terminated, revoked or invalidated for advertising.

⊙ Illegal Case 35-Xiaomi: Promoting "46 patents applied for" to mislead consumers

On January 25, 2016, Xiaomi’s official website posted a message saying “46 patents have been applied for the edge touch screen of Xiaomi 4C mobile phone”, but in fact the company did not obtain any patents and was fined 30,000 yuan.

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The purpose of advertising is to promote products and spread the word, so there is nothing wrong with refining product selling points, grasping consumer psychology, and using marketing methods to sell products or services. This is what every advertiser does every day.

But advertising requires creativity, and it needs to be conducted within the legal scope. After all, although creativity is good, if it fails to pass review or is even fined for violating the law, it will not be worth it.