Celebrity endorsers may be liable for fake food, drug ads-China-Gold Brand Consulting

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Celebrity endorsers may be liable for fake food, drug ads 2014-01-10 14:45:13 Release　Author：　Read Flow：2169次

China's top court on Thursday released a judicial interpretation on civil cases involving food and drug disputes, stipulating that customers can claim compensation from individuals, including celebrities, who endorse dishonest food and drug advertisements [advertisements company registration].

Any individuals and organizations that assist in the sale of fake food and drugs by advertising them will bear joint and several liabilities, and the customers can claim compensation from all of them, according to the Supreme People's Court (SPC).

Zhang Yongjian, a senior official from the SPC, said the clause is in line with the revised law on customer rights and interests, as well as a supplement to the advertisement law.

The public and media have long questioned if celebrities should use their influence to endorse drug and food products, especially when they lack knowledge about their quality.

"The clause demonstrates that the country enhances the crackdown on cases involving drug and food safety by expanding the scope of liability," said Wang Chenguang, a law professor with Tsinghua University.

Although celebrities can argue that they do not have the means to check whether the products would be harmful, they are responsible for products' quality as they have participated in the trading process, Wang said.

The interpretation will take effect on March 15, World Consumer Rights Day. The revised law on customer rights and interests will become effective on the same day.

A total of 13,216 civil cases involving drug and food disputes have been dealt with by Chinese courts between 2010 and 2012, the SPC said, adding that the figure has kept increasing.

A lack of unified judgment standards has caused difficulties for customers to file lawsuits against drug and food disputes, said Sun Jungong, spokesperson of the SPC.

Sun added that the interpretation is aimed at clarifying standards for courts to protect consumers' rights.

Customers who bought substandard products after they have been informed of quality problems in advance can still claim for compensation from the producers and sellers, the interpretation noted.

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Celebrity endorsers may be liable for fake food, drug ads