Analysis Of Civil Liability Of Celebrity’s Endorsement And Testimonial In False Advertisement

The article mainly studies civil liability of celebrity’s endorsement and testimonial infalse advertisement.It will be divided into seven part in addition to the preface part..The first part briefly introduces the case of Ge You endorsement Yi-lin Wood,and liststhe controversy in the academia and the society which caused by the case. The controversyis mainly about whether celebrities bear the civil liability of false advertisement,which civilliability should celebrities bear and celebrities how to share the tort liability.The second part analyzes the concepts of celebrity,celebrity certificate behavior and falseadvertisement in detail.and ascertains the standards of the three concepts.The third part analyzes the current situation of the legislation of our country.It points outthat in our country the joint and several liability of personal endorsement of falseadvertisement is only provided in the “Food Safety Law”.This law provides that celebrities isliable to the general infringement which is based on the provisions of the “Tort LiabilityLaw”.The fourth part mainly states the necessity of legal regulation for the endorsement andtestimonial of celebrity in false advertisement through analyzing the socialreality,morality,psychology and the legal theory.The fifth part has carried on the induction analysis to the affirmative and negativism,anddraws a conclusion that celebrities should bear the civil tort liability of the endorsement andtestimonial in false advertisement.The sixth part analyzes the imputation principles and finds that celebrity fault-presumingprinciple should be used. The author discusses the component elements of the the tort liabilityof the endorsement and testimonial of celebrity in false advertisement.This part analyzes thedebate on the issue of celebrities how to share the tort liability in the academia,and comes tothe conclusion that celebrities should bear the joint and several liability. The seventh part has carried a detailed answer on the controversy of the case of Ge Youendorsement Yi-lin Wood by combining with the above analysis.