Research On Legal Issues Of False Endorsement By Advertising Spokespersons

In order to pursue economic benefits and improve market competitiveness,merchants attract consumers' desire to purchase by inviting well-known social figures to become their product spokespersons.However,in recent years,there have been incidents in which advertising spokespersons have infringed on the interests of consumers because of false advertisements.This phenomenon not only damages the legitimate rights and interests of consumers,but also has an adverse effect on the healthy operation of China's advertising industry.In the current "Advertising Law","Consumer Protection Law" and "Food Safety Law",there are problems such as ambiguous attribution principles,unclear regulations on joint and several liability,and imperfect exemption for advertising spokespersons.The principles of attribution,perfecting the responsibility system of advertising spokespersons,establishing a punitive compensation system,etc.achieve the purpose of perfecting and making up for the deficiencies of current legislation in China.This article is composed of five chapters.The first chapter introduction mainly includes four aspects: research background,research purpose and significance,research status and research methods.The second chapter exemplifies the different judgments of Deng Jie's endorsement of Sanlu milk powder case,Yao Ming's endorsement of Tomson Biejian soft fish oil capsules case and Lin Zhiying's endorsement of beauty products case as starting points.The responsibility of the advertising spokesperson for such cases is resolved,and the relevant disputes arising from the three cases are summarized.The third chapter discusses the basic theories of the legal issues of false spokespersons,including the legal status of false spokespersons,the criteria for determining false advertisements,the principle of liability for false spokespersons,and the constituent elements of false spokespersons.The fourth chapter expounds the comparison of domestic and foreign legislation of false endorsement by advertising spokespersons.Domestic legislation includes "Advertising Law","Consumer Rights Protection Law" and "Food Safety Law",and foreign legislation includes the United States,the European Union and Japan.Then it analyzes the advantages and disadvantages of domestic and foreign advertising spokespersons' legislation on false endorsements.Chapter V analyzes the legal issues of false spokespersons of advertising spokespersons from multiple angles and proposes suggestions and countermeasures.First,it regulates false spokespersons of advertising spokespersons from the perspective of legal liability;Responsibility andcriminal responsibility are three parts;finally,establish a punitive compensation system,strengthen the review of advertising endorsements and change the advertising supervision model to achieve the purpose of pre-regulation.