Legal Liability Of Spokesmen Of False Advertising

With the development of the economy, advertising as a unique manner of marketing, has become an essential mean towards product sales. Under the guidance of the market competition, from the original text to hire spokesmen, the performance of the diversification of advertising industry has become more changeable. Invited the experts or celebrities who has high reputation to endorse their products which has becoming the main trend in the advertising market. The advertisement, which invited the spokesmen, has better promotional effectiveness than other advertisement. There will be greatly harm to consumers and society, if the spokesmen involves the false advertisement.In a lot of false advertisement, the spokesmen advocated indiscriminately or exaggerated willfully to the products in the advertisement. their behavior is not only disrupted the market order in the advertising industry, but also seriously infringed the interests of consumers. However, review our current "Advertising Law", "Consumer Protection Law," "Anti-Unfair Competition Law" and "Civil Law" which is lack of the regulations about legal responsibility to spokesmen. Advertising regulators also lack the appropriate systems, the regulations about the legal liability of the spokesmen must be clear in the legislation.A typical case, the "SK-â…¡", has been selected in this paper, which publicized by Jia Ling Liu, a famous film star, to analyze the legal responsibility of spokesmen. Through the case description and Court judgments, to elicit community views and differences on this issue.in the part of legal analysis, to analyze the "SK-â…¡"case with the principle of law and offer the legal basis and real factors that the false advertising spokesmen should assume their legal liability, to demonstrate the necessity that the false advertising spokesmen should assume legal liability. In order to improve the current situation of China's legal system, to analyzed china's legal status from three point which included "legislation", "law enforcement" and "justice", and make recommendations:in the legislation, should clear the legal liability of the spokesmen and elaborated the basic requirements to establish the legal liability. in Law enforcement, advertising regulators should strengthen the integrity of the spokesmen. Judiciary shall issue the relevant judicature to explain and clarify the noticeable obligation of the spokesman.This essay is intended to attract the attention of the community to fully understand the social harm of false advertising endorsement. Only by establishing the legal liability of the spokesmen in the legislation, can we crack down the false advertisement and protect the interests of the consumers.