Study On The Regulation Of Free Experiential Promotion

Free experiential promotion, which is known as free experiential marketing. It means that in order to promote sales, operators impel consumers to make purchase decisions with the method of free experience. The free experiential Promotion is a relatively new marketing methods, and it appeared in the United States at the end of the20th century, in the early21st century it was introduced into China. At present, free experiential promotion is mainly used in the commodity sales fields of cosmetics, health care products, medical apparatus and instruments and the service fields of telecom.Free experiential promotion is conducive to show commodities’ property better, promote consumers’cognitive more quickly, and cultivate consumers’habits, so it is used by more and more operators and adopted in a broader range of application. However, the result of the investigation reveals that when operators carry out free experiential promotion and interact with consumers, it is easier for them to mingle improper marketing behavior such as false propaganda, commercial defamation, forced trading and so on. That may infringe upon consumers’ rights and interests, other operators’ rights to fair competition, and disrupt the market order.The regulation of related legal norms on free experiential promotion is limited and it is lack of specification, which leads to the result that when the disadvantages above occur, the rights of related parties and integrated social interests can’t be effectively protected and relief. Giving consumers the right to renege on the substantive law, adopting inverting responsibility in putting to the proof in the procedural law, and establishing the whole-marketing-monitor system can perfect the regulation of free experiential promotion. Through the essentialism of general terms and conditions in China’s "anti-Unfair Competition Law", the function of regulation of such kind of new marketing activities can be promoted.