The Civil Liability Of Endorsers In Advertisement

The "Food Safety Law" introduced in June 1, 2009 ,which stipulates that the product endorsers undertake the joint and several liability. Under the Liability Principle, the endorsers of civil liability, either because the difficulty of proof, maintenance is very difficult for consumers'rights; or directly apply and cause the endorsers to bear the heavy responsibility. The endorsers will be divided into the endorsers of the wide channels of information product and the endorsers of the narrow channels of information product according to behavior in advertisement with endorsement. Presumed fault liability and fault liability are applied respectively depending on the different duty of care.This article is divided into four parts to discuss the civil liability of endorsers in advertisement .Advertisement with endorsement is categoried according to the different behavior in advertisement appearance in Chapter one, thus the scope of the main body of the endorsers in advertisement is established.Chapter two summarized the regulation and judicial cases of the advertising campaign in America and Japan, recommended that the standards of classification and duty of care.Chapter three define that applied fault responsibility to the endorsers of the wide channels of information product around the duty of care of form of review; define that applied the presumption of fault responsibility to the endorsers of the narrow channels of information product around the essence examination and the true experience of the duty of care. Accordingly, reducing the difficulty of proof to facilitate the protection of consumers'interests , meanwhile the fault liability take into account the testing capacity constraints of endorsers in advertisement, avoiding to protect a fair and equitable to result in another unfairness as much as possible.Self-discipline norms and legal regulation are combined in Chapter four, and several of ways how to improve the civil liability of endorsers in advertisement.