The new Advertising Law was implemented on September 1st, 2015 to meet the demands of improving the current legal system for the advertising industry as well as advancing the rule of law in all respects. The new law is playing a crucial role in upholding a fair market order and in promoting social integrity. It also addresses the urgent issue of the protection of consumer interests and building a safe and honest consumption environment.
On June 24th, 2016, W&B convened a session of China Law Salon entitled “How Enterprises Can Avoid Stepping into Minefields under the New Advertising Law”. This session was designed to assist our clients in managing legal risk and exercising their rights under the amended Advertising Law. W&B’s lecturers, Ms. Wu Yueqin and Mr. Jin Yiwen, illustrated the subject by summarizing several representative penalty cases in front of the 26 representatives who attended the salon on behalf of our corporate clients. Topics included “Analysis and solutions to issues relating to ‘unconditional terminology, advertising spokespersons and false publicity’ under the New Advertising Law”, “How enterprises can deal with sanctions imposed by the Administration of Industry and Commerce (AIC) over allegations if using false advertising or ‘highest grade phraseology’”, “businesses obligations when releasing mass media advertisements (including TV and online advertisements) under the new Advertising Law”, “Rules of competition for enterprises concerning advertising content (e.g., the correct application of comparative advertising)”, “Analysis of enterprises’ burden of proof in an AIC investigation and remedies that enterprises may seek after receiving an administrative penalty”, “Enterprise strategies for answering complaints by professional fault-finders”. The lecture provided our clients with legal interpretations relating to sanction cases under the advertising law as well as professional advice on how to mitigate legal risks.
The Advertising Law of the People’s Republic of China (2015 Revision) is not only an important source of information for enterprises, it also significantly affects the lives of ordinary people. The latest session of the “China Law Salon” on the subject of the amended Advertising Law is an attempt to bring the essentials of the new law to the attention of every community in order to promote a better understanding of the law and enhance compliance, so that everyone can participate in creating an honest, safe and healthy consumer market environment.
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