An Empirical Study On The Advertising Spokesperson For The Legal Liability

The advertisement contains rich cultural connotation and social influence, the vivid description of product appearance, characteristics, performance and other aspects, but also shaped the cultural concept and value concept of the brand image of enterprise, double effect, both cultural and economic. But in the ad spokesmen, play a decisive role position, throughout the complex advertising industry, hire spokesmen for the enterprise product image speak, has become an important means for enterprises to demand high economic benefit. Those who have the advertisement prolocutor participation product promotion, the promotion efforts is other than advertising, the product has more beyond itself credibility and credibility. This also leads to if spokesperson exaggerated or false endorsement of a product, its behavior will also cause a great impact and serious damage to the society and the consumers. In recent years, celebrity endorsements, advertising is to expose problems one after another, from food to pharmaceuticals, from health care products to cosmetics, celebrities in advertising touted, inspired products often have problems, false propaganda, advertisement, etc. various kinds of accusation of fraud be utterly devoid of conscience to follow. Because the consumer spokesmen celebrity or star effect and repeatedly deceived, in judicial practice there has appeared many times sued spokesman phenomenon.Advertising Spokesperson as an important participant in publicity and promotion of the product, not only should verify understanding and quality, information necessary for its endorsement of the product inspection, but also for its endorsement advertising false or fraudulent cases, bear the corresponding legal responsibility. Enjoy the right at the same time, the spokesperson should also actively fulfill corresponding obligations, should bear legal responsibility.This paper from the Yao Ming endorsement by health fish oil soft capsule in false propaganda, Yao Ming is charged as the second defendant case as the advertising spokesman, and Li Dan couple false endorsement of transgenic oil sued court case, starting the two recent representative case, draws out the advertising, Advertising Spokesperson and Advertising Spokesperson in the analysis and Research on the related theory of the corresponding legal face the question of responsibility for their own false endorsement when should burden. According to China’s actual situation and learn from foreign legislative experience related, legal responsibility analysis of Advertising Spokesperson and Advertising Spokesperson, how a detailed discussion on the legal liability of Advertising Spokesperson, and after making a false endorsement behaviors in the prolocutor should undertake what kind of legal liability and the consequences. At the same time, this paper also puts forward thinking their own suggestions on the handling of the case and the law, mechanism of Advertising Spokesperson liability on how to build a more perfect put forward its own ideas, finally makes the thesis reaches to the advertisement prolocutor legal responsibility in-depth discussion and perfection.