Shanghai Ji Orange Medical Technology Co., Ltd. was fined 30,000 yuan for improper publicity

China Net Finance August 19 (Reporter Zhong Wenxin) According to the website of the Shanghai Market Supervision and Administration Bureau, Shanghai Ji Orange Medical Technology Co., Ltd. was proved by the image of the patient in medical advertisements and the use of the patient's image in medical advertisements. The District Market Supervision and Administration Bureau fined 30,000 yuan.

Screenshot of the website of Shanghai Market Supervision and Administration

Screenshot of administrative punishment decision

The administrative penalty decision shows that on January 21, 2022, the Shanghai Huangpu District Market Supervision and Administration Bureau conducted a inspection There are advertising brochures in the lobby. The contents of the advertising brochure include 12 cases of orthodontics in polar orange children. The cases are printed with comparative photos before and after the orthodontics of the patient, and the patient's nickname, gender, first diagnosis age, correction duration , Corresponding to correction methods, types and introductions of dental deformities, correction effects, and corresponding correction doctors' names. The relevant person in charge of the clinic was confirmed that the advertising band was provided by the parties to allow consumers to more intuitively understand the children's dental orthodontics project and the treatment effect. It was also found that the official WeChat public account of the parties also had some articles in this article that used the image of the patient as proof. The above behavior of the parties was suspected of violating the provisions of Article 7 (6) of the "Administrative Measures for Medical Advertising", and the Shanghai Huangpu District Market Supervision and Administration Bureau filed a case for investigation on March 8, 2022.

The official WeChat public account founded by the parties is mainly for consumers, potential customers and other people with polar oranges. The parties and employees of the polar orange clinics of each of them also paid attention to the public account and recommended to consumers in the usual operations. The parties will publish relevant popular science articles through the WeChat public account. Among them, "Transformer Class | Why did children who had been to Ji Orange seemed better? "," Transformer Class | Children's Bite the Harm of Bite Fingers Maybe more serious than you think "," The pain that is correct only when adulthood is adult, it is necessary for parents to know | including early correction benefits "," when can you start to correct the sky Intersection 》 Four articles include not only science popularization content, but also the introduction and propaganda content of polar orange children's orthodontics services, polar orange clinics, and Dr. Ji Orange. And prove that polar orange child tooth orthodontics project and effect.

The Shanghai Huangpu District Market Supervision and Administration Bureau believes that the above behavior of the parties violates Article 7 (6) of the "Administrative Measures for Medical Advertising". Technical personnel, medical education scientific research institutions and personnel, as well as the names and images of other social associations and organizations, as a proof; ... "and Article 46 of the" Advertising Law of the People's Republic of China ". Pesticide, veterinary drugs and health food advertisements, as well as other advertisements that should be reviewed by laws and administrative regulations, shall review the content of the advertising content by the relevant departments (hereinafter referred to as the advertising review authority) before the release; It stipulates that it constitutes a behavior that has not been released for medical advertisements and uses the image of patients in medical advertisements as proof.

For the parties who published medical advertisements without review, according to Article 58, paragraph 1 (14) of the "Advertising Law of the People's Republic of China", "have one of the following behaviors, the market supervision and management department ordered to stop publishing advertisements , Order the advertisers to eliminate the impact within the corresponding range, and the advertising costs of more than three times the fines of less than three times the cost of the advertising costs, if the advertising costs cannot be calculated or significantly low, the fines of 100,000 yuan or less. If the advertising fee is three times more than five times the fine, if the advertising cost cannot be calculated or significantly low, a fine of more than 200,000 yuan or less can be revoked. The document and the application for advertising review within one year: ... (14) In violation of Article 46 of the Law, the provisions that have not been published without review ... " As follows: First, order to stop publishing related advertisements immediately; second, to order to eliminate the impact within the corresponding range; 3. Feming RMB 30,000.

In the medical advertising, the parties use the image of the patient's image as a proof. According to Article 22 of the "Administrative Measures for Medical Advertising" "," Anti -Unfair Competition Law "punishment, if the circumstances are serious and causing serious consequences, they can be suspended from one to six months. If there is no provisions of the law and regulations, the industrial and commercial administration shall give a warning to the responsible advertisers, advertising operators, and advertising publishers or fined 10,000 yuan to 30,000 yuan. The industrial and commercial administrative agencies can make a determination with the health administrative department and the traditional Chinese medicine management department as needed. "It was determined that the punishment was as follows: warning.

In summary, the Shanghai Huangpu District Market Supervision and Administration Bureau decided to consolidate the punishment as follows: 1. Warning; 2. Order to stop publishing related advertisements immediately; 3. Eliminate the impact within the corresponding range; and fined RMB 30,000.

Sky Eye Checking Website Screenshot

The Tianyancha website shows that Shanghai Ji Orange Medical Technology Co., Ltd., established in 2015, is located in Shanghai. It is a company that is mainly engaged in professional technical service industries.The company's registered capital was 16.686777 million yuan, and its equity financing was completed in 2021.According to the information of Tianyancha's shareholders, shareholders in Shanghai Ji Orange Medical Technology Co., Ltd. include Shenzhen sharing precision medical investment partnerships (limited partnership), Ningbo Qingyi Investment Partnership (Limited Partnership), and Beijing Creative Tiandi Investment Management Co., Ltd., Beijing Harmony Excellence Investment Center (Limited Partnership), Shanghai Daotong Qinghui Entrepreneurship Investment Center (Limited Partnership), Shanghai Jinpu Medical and Health Equity Investment Partnership (Limited Partnership), etc.

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