Research On Civil Liability About False Advertising Endorsers

In recent years, the phenomenon that advertising endorsers taking false advertising has been growing rampant. It is not only disturbed the order of market economy, but also infringe the legitimate rights of consumers. " Advertisements Law of the People’s Republic of China " revised at April 2015(abbreviated as the new " Advertisements Law ") firstly make endorsers included in the scope of its adjustment, which is no doubt have a very important significance to restrict the behavior of advertising endorsers and promote the development of advertising industry. However, owing to lack of specific applicable rules of new " Advertisements Law " and the corresponding judicial interpretation has not yet been introduced, which make the new " Advertisements Law " has a lot problems when it restrict advertising endorsers taking false advertising. For example: Where is the civil legal status of endorser? How to define the behavior of advertising endorsements? What is the difference between advertising endorsements and advertising performance? How to define false advertising? Besides, on the responsibility principle, the new " Advertisements Law " adopt the principle that combine the Doctrine of no-fault liability and ordinary Doctrine of fault liability and carry out joint liability in specific responsibility, which the maker think is debatable.This paper argues that endorsers are independent participants in advertising activities.The endorser is just the person who recommend the products, which the advertising performers are not concluded. For the definition of advertising endorsements, it should be combined with the way endorsers expressed and specific identity. For public figures and experts, whether he recommend in a manifest way or a subtle way, we should identified his behaviors as endorsement. Only when he implied and the ad signify his behavior as advertising performance, he should not identified as endorsements; For consumer-type endorses, only when he recommended in expressly way and reveal their true identity in the advertisement, he should be identified as advertising endorse. On the responsibility principle, it should adopt doctrine of presumption to sure the onus of proof distribution between consumers and endorses. In the specific responsibility, it should be based on the degree of fault to determine what kind of responsibility endorse should shoulder. When there is no fault, endorsers are not liable to any responsibility. When endorsers exists gross negligence or intentions, he should take joint responsibility. When the endorser has light negligence, he should take the corresponding responsibilities.