Pan Yueming, a film and television actor, has been fined by the market regulator for illegal endorsement advertising behavior and has been causing a heated debate . Pan Yueming as the relative health care product advertising actor was fined 258,000 yuan and his illegal income 258,000 yuan was confiscated, according to an administrative punishment decision issued by the Shanghai Municipal Market Supervision Administration.

Pan Yueming  failled in doing that is related to a called "Ri Jia Man" soft drink. In the health care product advertising, Pan Yueming was holding the soft drink and saying some words about, "I need a huge amount of energy, to fill up the body and mind." and "To relieve fatigue, enhance immunity, replenish energy for me at any time." and upload then released through multiple platforms. But the key problem is that the soft drink in the advertisement belongs to a health food, and the approval number is "国食健字G20041476". However, neither on the packaging of the soft drink nor in the advertising video uploaded and released are marked "this product cannot replace drugs", so it violates the relevant provisions of the Advertising Law and constitutes illegal endorsement advertising.

In fact, the products endorsed by film stars have frequently turned over in recent years, from health products involving food safety to suspected fraud of financial platforms, etc., all kinds of illegal endorsements have emerged one after another. In May of this year, a person named Jing Tian was fined 7 million yuan for false advertising. Jing Tian was the advertising agent for ordinary food produced by a food company in Guangzhou, claiming a product to have the effect of "preventing the absorption of oil and sugar" in the advertisement, which violated the relevant provisions of the Advertising Law.

In October 2022, the State Administration for Market Regulation and other seven departments jointly issued the Guidelines on Further Regulating Star Advertising Endorsement Activities, which determined that in the future, the vast majority of live broadcast goods and advertising product placement will be identified as advertising endorsement. Moreover, the stars themselves should make full use of the endorsed products to ensure that the use time or quantity is sufficient to generate daily consumption experience. And for the stars false, illegal endorsement, but also to punish the star himself firmly in accordance with the law.

The legal basis for Pan Yueming's punishment is regulated expressly in the "Guide to Warning Terms for Health Food Labeling" issued by the State Administration for Market Regulation in 2019, requiring health food producers and operators to conspicuously mark "health food is not a drug and cannot replace drugs to treat diseases" and other such contents in the special area of the label.

In the face of more and more "strictly controlled" advertising, what should enterprises pay attention to?

First, pay attention to whether it complies with the provisions of Article 9 of the Advertising Law:

(1) Avoid absolute words, such as "national level", "highest level", "best" and so on;

(2) Avoid the use or disguised use of the national flag, national anthem, national emblem, military flag, military song and military emblem of the People's Republic of China;

(3) using or using in disguise the name or image of a state organ or its staff;

(4) National dignity shall not be harmed, etc

Second, special products shall not be advertised:

(1) Special drugs such as narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, precursor chemicals in the pharmaceutical category, and drugs, medical devices and treatment methods for drug rehabilitation treatment shall not be advertised.

(2) It is forbidden to publish tobacco advertisements in the mass media or in public places, public transportation vehicles or outdoors. It is prohibited to send any form of tobacco advertising to minors. It is prohibited to use advertisements of other goods or services and public service advertisements to promote the name, trademark, packaging, decoration and similar content of tobacco products.

Third, do not exaggerate the use effect, sales, etc., in advertising, neither unable to be responsible for the authenticity of the content.

For example, in medical advertising to show its efficacy and mark the cure rate, and ensure safety; Also for example, health food advertising to its efficacy, safety, disease prevention, treatment functions and other content to ensure; Claims or implies that the advertised goods are necessary for the protection of health; Nor shall it be compared with drugs or other health food; Special special attention: health food advertising should be marked such words： "this product is not a substitute for medicine"

Advertising itself is to attract attention and increase exposure, but non-standard advertising endorsements, excessive exaggeration and beautification of products, etc., will constitute false propaganda. Once it is found out that the advertising is not standard, it may not only face high penalties, but also have a far-reaching negative impact on the corporate image.