Elderly Consumers’ Rights Protection In Health Products Marketing

With the improvement of material living standards and the basic security system,the consumption propensity of the elderly has gradually changed.The deterioration of physiological functions makes them have a greater desire for health and longevity,so they will pay more attention to health care and health products.The health care products market has responded to this demand and has achieved good development prospects.However,in this process,in order to gain huge profits,unscrupulous operators use the market information asymmetry and the decline of cognitive ability of the elderly consumers,and implement false advertising through specific marketing models,which has seriously infringed on their legitimate rights and interests.Compared with the average consumer,the elderly consumers are already getting older,their physiological functions are greatly reduced,and the brain is beginning to shrink.The brain function is an important physiological basis of cognitive ability,and its changes also affect the cognitive ability of the elderly consumers,which is concentrated in the deterioration of perception speed,emotional personality and information ability,which leads to the elderly.In the process of acquiring and identifying information,there are often big obstacles,which makes the operators occupy more information advantages than the elderly consumers,which is not conducive to the elderly to make correct consumption decisions.In the process of sales of health products,the rights of the elderly are more vulnerable to violations and have certain specialties.Therefore,it is necessary to strengthen the protection of them from the system,which is not only conducive to social stability and family harmony,but also to the prevention of fraudulent marketing of health products.However,the existing legal system still has certain limitations in protecting the rights and interests of the elderly consumers.For example,the Contract Law,the Tort Liability Law and the Consumer Rights Protection Law have increased the cost and difficulty of rights protection for the elderly consumers;the lack of regulation on the specific marketing model of health products in the Advertising Law,there are also insufficient provisions on content labels and functional claims,which are easy to misunderstand and cannot achieve the purpose of information disclosure.Therefore,it is necessary to explore and improve the system of protecting elderly consumers in China.Since conference marketing is the main form of offline sales of health care products to elderly consumers,the prohibition of this particular method can cut off the information control of the unscrupulous operators on the elderly consumers;and give the elderly consumers offline purchase of health care products without reason can reduce difficulty in rights protection.In addition,it is necessary to improve the supervision and management system of health products as soon as possible,strengthen the responsibility of relevant subjects in business operations,and build a sound education system for elderly consumers to improve their ability to identify and defend their rights.However,due to the limited resources of law enforcement and the long chain of supervision of health products,if relying solely on public authority supervision,the competent authorities will often be overwhelmed and it is difficult to achieve the optimal solution.Therefore,in addition to public rights,the synergy of social pluralists should be stimulated to achieve social co-governance of health product fraud marketing supervision.In this system,we must first clarify the guiding role of public power,and rely on sound laws and regulations to provide strong institutional guarantees.Secondly,in ensuring the performance of the review obligations imposed by the law,it is also necessary to strengthen the public opinion supervision function of the news media,such as exposing fraudulent acts of fraudulent elderly consumers,and cooperating with the competent authorities to strengthen anti-fraud propaganda.Thirdly,it is necessary to strengthen the self-discipline management of trade associations and smooth the information exchange channels.Procuratorates,consumer associations should also further respond to incidents of fraudulent marketing of health products found in the course of performance of their duties,in order to safeguard the legitimate rights and interests of consumers.Finally,we should build a harmonious and warm community atmosphere for older consumers to meet their emotional and social needs.