The first definition is 1.
The materials mentioned in these Guidelines refer to ideas or physical documents bearing ideas, including but not limited to pictures, words, videos, animated sounds, posters, etc. Special note: the planning scheme of public relations marketing activities is also the "material" mentioned in this guide.
2。 The "material" referred to in these guidelines includes three situations: the company designs and creates it by itself, optimizes and modifies it according to the customer's intention, and the customer directly provides it to the company and uploads it to the media platform.
Article 2 Guidelines for the Use of Extreme Clauses 1. Absolute prohibition: core rule: absolute prohibition of all superlative subjective adjectives; Limit descriptions that cannot be proved or falsified objectively are prohibited.
Examples are as follows: national, superlative, best, most beautiful, best, superlative, most fashionable, most popular, top-notch, ultimate, extreme, all-around, permanent, leading brand, unique, unique, unprecedented, unprecedented, world-leading in quality, filling domestic gaps, etc. 2。
Relative prohibition of use: core rule: descriptions that are not limited in scope or limited in scope but cannot be proved by objective evidence shall not be used. Examples are as follows: first, top, highest, latest, largest, smallest, most, earliest, first, gold medal, champion, ace, exclusive, world premiere, China first, the whole network first, etc.
3。 Exception to relative prohibition: core rule: it can be used when changing absolute terms into relative terms when the scope is limited and can be proved by objective evidence.
Examples are as follows: the first launch of a new product, the top configuration model of a car, the highest product of a website in a month, the latest product of a company, the largest apartment type of a real estate, the smallest size of a shoe type, the first launch of a specific model of mobile phone on a certain platform, and the first launch of a product within a certain range. 4。
Matters needing attention in actual operation: a) When using the relative prohibition clause, the legal support process must be followed. According to legal affairs or lawyers' advice, prepare sufficient evidence that can be provided by the industrial and commercial authorities during the investigation and clarify the scope of application.
B) When using relative prohibitive terms, it should be clear about the areas it refers to or directly replace quantifiable standards, and turn them into factual descriptions (for example, "maximum" refers to the maximum number of employees, branches, registered capital, etc. ). c) Use the results of third-party market surveys with caution.
Taking this result as the basis of "sales first" and "share first" may be found insufficient by industrial and commercial authorities in practice unless the data is recognized by state organs (such as through judicial judgment). D) Prohibited cases do not include cases where the names or honorary titles of state organs, people's organizations, other organizations and individuals contain extreme terms (such as the "Supreme" People's Court, England's "Super League", Olympic gold medalists and ace pilots of the Air Force).
Article 3 Prohibited advertising materials judged by business departments (the Supreme People's Court [2006] Min 'erzi No.20 Civil Judgment) Summary of Judgments of Huzhou Balidian Asset Management Company, Hangzhou Office of China Great Wall Asset Management Company and Huzhou Shengshan Construction Engineering Co., Ltd. As creditors, financial institutions have agreed with new lenders to repay old loans of affiliated companies of new lenders with new loans, and their nature is still "repaying loans with loans". If the old loan and the new loan are the same guarantor, the guarantor shall still bear the guarantee responsibility; If the old loan and the new loan are not the same guarantor, the guarantor shall not bear civil liability, unless the guarantor of the new loan knows or should know, and the burden of proof to prove that the guarantor knows or should know "repaying the loan by loan" shall be borne by the creditor and the debtor.
Article 4 The core rule of the guidelines for approval of industry-specific materials: When the business department thinks that the materials are suspected of the following italicized parts (all of which are complex judgment criteria), the materials shall be submitted to legal affairs or lawyers for approval through the company's legal support process. The content of the non-italicized part is judged by the business department.
(1) All commodities or services such as investment promotion and financial investment. Those involved in the expected return on investment have passed the legal review. (2) Medical treatment, drugs and medical devices +0.
Advertisements that cannot be placed 1) Prescription drugs, * * * * products, * *, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, detoxification drugs, medical devices and treatment methods; 2) Prescription drugs (can only be advertised in medical and pharmaceutical journals designated by the regulatory authorities). 2。
Disabled content 1) indicates efficacy and safety; 2) Explain the cure rate or effective rate; 3) Compared with other drugs, medical devices or medical institutions; 4) It is suspected of using the recommendation and proof of the advertising spokesperson. 3。
The materials must have 1) a description that the drug content is consistent with the instructions approved by the drug supervision and administration department of the State Council; 2) Significantly indicate contraindications and adverse reactions; 3) Prescription drugs: clearly marked "This advertisement is only for medical and pharmaceutical professionals"; 4) Over-the-counter drugs: clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists"; 5) Advertisements for medical devices for personal use: clearly indicate "Please read the product manual carefully or purchase and use under the guidance of medical personnel" and "Please refer to the manual for taboo contents or precautions"; 6) If there are taboos and precautions in the medical device product registration certificate, it shall be clearly marked "Please refer to the instruction manual for taboo contents or precautions". (3) Category of health food 1) shall not be compared with other drugs and health food; 2) It should be clearly marked "This product cannot replace medicine"; 3) Suspected of participating in disease prevention and treatment; 4) Suspected of using advertising spokespersons; 5) Suspected of indicating efficacy and safety; 6) It is suspected of claiming or implying that it is necessary for health protection.
(4) Education and training (1) shall not explicitly or implicitly guarantee to pass the entrance examination, examination and textual research; 2) It is not allowed to express or imply that examination institutions and proposers participate in education and training; 3) It is suspected of using the names or images of scientific research institutions, academic institutions, educational institutions, trade associations, professionals and beneficiaries for recommendation and certification. (5) The time required for a real estate 1) project to reach a specific reference cannot be used to indicate the project location; 2) Do not violate the price management regulations; 3) No appreciation or investment commitment; 4) Do not make misleading propaganda on transportation, commerce, cultural and educational facilities and municipal conditions.
(6).
2. How to correctly understand the authenticity principle of the new advertising law?
In China, advertising activities should follow three basic principles, namely, authenticity principle, legality principle and spiritual civilization principle, among which authenticity principle is the core principle of advertising law.
More than half of the provisions in the advertising law are directly or indirectly related to the authenticity of advertisements. A correct understanding of the principle of advertising authenticity is very important for both advertising practice and law enforcement. The meaning of the principle of authenticity The principle of authenticity means that advertising activities must publicize goods or services truthfully and objectively, and must not resort to deceit, deceive or mislead consumers.
The purpose of commercial advertising is to promote goods or services. In today's information explosion and increasingly fragmented society, advertising has a strong guiding role in consumers' choice. In real life, consumers mainly get a lot of information about goods and services from advertisements.
If advertisements contain false contents, consumers will inevitably be deceived or misled. Therefore, the advertising law lists authenticity as the core principle of advertising.
Creativity is the soul of advertising, and truth is the life of advertising. The authenticity of advertisements should include at least two aspects: first, the products and services advertised should be true, which requires advertisements to introduce and publicize goods or services objectively and truly.
Second, advertising performance should be true, which requires advertising to be true in product information and delivery methods. The specific requirements of the principle of authenticity The basic principles of advertising have been established in the old advertising law.
Article 3 of the old "Advertising Law" stipulates: "Advertising should be true and legal and meet the requirements of socialist spiritual civilization construction." Article 3 of the new "Advertising Law" stipulates: "Advertisements should be true and legal, with healthy content, which meets the requirements of building socialist spiritual civilization and carrying forward the excellent traditional culture of the Chinese nation."
On the surface, the new advertising law only improves the expression of spiritual civilization, that is, it emphasizes "expressing advertising content in a healthy way" and "promoting the excellent traditional culture of the Chinese nation", but it does not adjust the principle of authenticity. In fact, the new advertising law has greatly revised the principle of authenticity, which is mainly reflected in the specific requirements for the main body of advertising activities and the institutional arrangements to ensure the principle of authenticity. Article 8 of the new "Advertising Law" stipulates: "An advertisement indicates performance, function, place of origin, use, quality, composition, price, producer, expiration date, commitment, etc. Refers to the commodity or its content, provider, form, quality, price, commitment, etc. Services should be accurate, clear and easy to understand.
If the advertisement indicates that the goods or services promoted are accompanied by gifts, it shall clearly state the variety, specifications, quantity, duration and method of the goods or services with gifts. What should be clearly stated in an advertisement as stipulated by laws and administrative regulations should be clearly stated. "
This is the specific requirement of the principle of advertising authenticity for advertising content. According to the principle of authenticity of the Advertising Law, the contents of advertisements should be clear and easy to understand.
For consumers, distinguishing the quality of goods and services or deciding whether to consume them is mainly based on the judgment and understanding of the content, provider, form, quality, composition, price, producer, expiration date and other information of goods or services. The above information varies greatly for different commodities.
If advertisements can't express these contents clearly, they may mislead consumers. Therefore, many laws and regulations, such as the Anti-Unfair Competition Law, the Law on the Protection of Consumers' Rights and Interests and the Law on Product Quality, clearly stipulate that producers and operators should fulfill their obligation to provide consumers with true information about goods or services, and the provisions of the Advertising Law are in harmony with those of these laws.
In addition to Article 8, the requirements of the principle of advertising authenticity are also reflected in Articles 11, 12 and 16. Article 11 stipulates: "If the matters involved in advertisements require administrative license, they shall be consistent with the contents of the license.
Advertisements cited by using data, statistics, survey results, abstracts, quotations, etc. shall be true and accurate, and the source shall be indicated. If the quoted content has the scope of application and the validity period, it shall be indicated. "
Article 12 stipulates: "Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right.
It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising. Article 16 stipulates: "The contents of drug advertisements shall not conflict with the instructions approved by the drug supervision and administration department of the State Council, and shall be marked with taboos and adverse reactions."
The system guarantee of the principle of authenticity The new advertising law also arranges a number of guarantee systems to ensure the realization of the principle of authenticity. (I) System of Advertisers Taking the First Responsibility for the Authenticity of Advertisements Article 4 of the New Advertising Law stipulates: "Advertisements shall not contain false or misleading contents, and shall not deceive or mislead consumers.
Advertisers should be responsible for the authenticity of advertising content. Advertisers refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others for the purpose of selling goods or providing services.
Advertisers are the initiator and motive force of advertising activities, and they know the real situation of their sales of goods or services best. It is the most direct and effective for advertisers to check the authenticity of advertising content. Therefore, advertisers should be responsible for the authenticity of advertising content.
Advertisers should be responsible for the authenticity of advertising content, including two meanings: first, advertisers should bear the main responsibility for the authenticity of advertising content. If it constitutes a false advertisement and causes damage to consumers, the advertiser shall bear legal responsibility first, and other advertising activities shall bear joint liability with the advertiser according to law. Second, advertisers bear the burden of proof for the authenticity of advertising content and bear the adverse consequences caused by their failure to prove the authenticity of advertising content.
(II) Self-discipline Examination System for Advertising Agents and Publishers Paragraph 2 of Article 34 of the New Advertising Law stipulates: "Advertising agents and publishers shall examine relevant certification documents and check the contents of advertisements in accordance with the provisions of laws and administrative regulations. Advertising agents shall not provide design, production or agency services for advertisements with inconsistent contents or incomplete supporting documents, and advertisement publishers shall not publish them. "
In order to ensure the authenticity of advertising content, advertising agents and publishers have the obligation to conduct self-discipline review of advertisements designed, produced, represented or published by them in accordance with the provisions of laws and administrative regulations.
Who knows the content of the new advertising law?
People's Republic of China (PRC) Advertising Law (full text)1Adopted at the 10th meeting of the Standing Committee of the Eighth NPC on October 27th1Promulgated by Decree No.34 of the President of the People's Republic of China on October 27th Chapter I General Provisions Article 1 In order to standardize advertising activities, promote the healthy development of the advertising industry and protect it.
Article 2 Advertisers, advertising agents and publishers shall abide by this Law when engaging in advertising activities in People's Republic of China (PRC). The term "advertisement" as mentioned in this Law refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms at their own expense.
Advertisers as mentioned in this Law refer to legal persons, other economic organizations or individuals who design, produce and publish advertisements by themselves or by entrusting others for the purpose of selling goods or providing services. Advertising agents mentioned in this Law refer to legal persons, other economic organizations or individuals entrusted to provide advertising design, production and agency services.
Advertisers mentioned in this Law refer to legal persons or other economic organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers. Article 3 Advertisements shall be truthful and lawful and meet the requirements of socialist spiritual civilization construction.
Article 4 Advertisements shall not contain false contents, and shall not deceive or mislead consumers. Article 5 Advertisers, advertising agents and publishers shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility when engaging in advertising activities.
Article 6 The administrative department for industry and commerce of the people's government at or above the county level is the advertising supervision and administration organ. Chapter II Principles of Publicity and Examination and Approval Article 7 The contents of advertisements shall be beneficial to people's physical and mental health, promote the improvement of the quality of goods and services, protect the legitimate rights and interests of consumers, observe social morality and professional ethics, and safeguard the dignity and interests of the country.
Advertising shall not have the following circumstances: (1) using the national flag, national emblem and national anthem of the people of China; (2) Using the names of state organs and functionaries of state organs; (three) the use of national, highest, best and other terms; (four) hinder social stability, endanger personal and property safety, harm the public interest; (5) Obstructing public order and violating good social customs; (6) Containing obscenity, superstition, terror, violence and ugliness; (seven) the content of ethnic, racial, religious and gender discrimination; (eight) hinder the protection of the environment and natural resources; (9) Other circumstances prohibited by laws and administrative regulations. Article 8 Advertisements shall not harm the physical and mental health of minors and disabled persons.
Article 9 Advertisements indicating the performance, origin, use, quality, price, producer, expiration date and commitment of commodities or the content, form, quality, price and commitment of services shall be clear and definite. If the advertisement indicates that the sale of goods or the provision of services are accompanied by gifts, it shall indicate the variety and quantity of the gifts.
Article 10 The data, statistics, survey results, abstracts and quotations used in advertisements shall be true and accurate, and the source shall be indicated. Article 11 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.
Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.
Article 12 Advertisements shall not belittle the goods or services of other producers or operators. Article 13 An advertisement should be identifiable so that consumers can recognize it as an advertisement.
The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media shall be marked with advertising signs, which are different from other non-advertising information and shall not mislead consumers.
Article 14 advertisements for drugs and medical devices shall not contain the following contents: (1) they contain unscientific assertions or guarantees indicating efficacy; (2) Indicating the cure rate or effective rate; (3) Efficacy and safety compared with other drugs and medical devices; (4) Using the names and images of medical scientific research units, academic institutions, medical institutions or experts, doctors and patients as proof; (5) Other contents prohibited by laws and administrative regulations. Article 15 The contents of drug advertisements must be based on the instructions approved by the health administrative department of the State Council or the health administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
Advertisements for therapeutic drugs that should be used under the guidance of doctors as stipulated by the state must be marked "purchased and used according to doctors' prescriptions". Sixteenth * * * products, * *, toxic drugs, radioactive drugs and other special drugs shall not be advertised.
Seventeenth pesticide advertisements shall not contain the following contents: (1) the use of non-toxic, harmless and other absolute assertions of safety; (2) containing unscientific assertions or guarantees indicating efficacy; (3) containing words, language or pictures that violate the rules for the safe use of pesticides; (4) Other contents prohibited by laws and administrative regulations. Eighteenth prohibit the use of radio, film, television, newspapers and periodicals to publish tobacco advertisements.
It is forbidden to set up tobacco advertisements in various waiting rooms, theaters, conference halls, stadiums and other public places. Tobacco advertisements must be marked "Smoking is harmful to health".
Article 19 The contents of advertisements for food, alcohol and cosmetics must conform to the hygiene licensing items, and medical terms or terms that are easily confused with drugs shall not be used. Chapter III Advertising Activities Article 20 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law, clarifying the rights and obligations of all parties.
Article 21 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities. Article 22 An advertiser shall design, produce and publish advertisements by himself or by entrusting others, and the products or services he sells shall conform to the business scope of the advertiser.
Article 23 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications. Article 24 An advertiser who designs, produces and publishes an advertisement by himself or by entrusting others shall have or provide the following authentic, legal and effective documents: (1) a business license and other documents proving the qualification for production and operation; (2) Having quality inspection institutions.
4. What is the judicial interpretation of advertising in Article 2 of the Advertising Law?
Article 2 Advertisers, advertising agents and publishers shall abide by this Law when engaging in advertising activities in People's Republic of China (PRC).
The term "advertisement" as mentioned in this Law refers to commercial advertisements in which commodity operators or service providers directly or indirectly introduce the commodities they sell or the services they provide through certain media and forms at their own expense. Advertisers as mentioned in this Law refer to legal persons, other economic organizations or individuals who design, produce and publish advertisements by themselves or by entrusting others for the purpose of selling goods or providing services.
Advertising agents mentioned in this Law refer to legal persons, other economic organizations or individuals entrusted to provide advertising design, production and agency services. Advertisers mentioned in this Law refer to legal persons or other economic organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.
[Interpretation] This article is about the scope of application of this Law.
5. Is the new advertising law implemented? 20 15: Analysis of the details of the most Yan Xin advertising law. The new advertising law has implemented new regulations.
The Advertising Law of People's Republic of China (PRC) was promulgated by the 14th meeting of the Standing Committee of the 12th NPC in People's Republic of China (PRC) on September 6th, 2065438 +0, and will come into force on September 6th, 2065438.
20 15 new content
On September 1 2005, the new version of the Advertising Law was officially implemented, which was the first revision of the Advertising Law in the past 20 years. Compared with the old law, one of the highlights of the new law is to improve the advertising endorsement system, especially to strictly limit celebrity endorsements and minors' endorsements. Celebrity endorsements of false advertisements will be banned for three years and will also bear joint civil liability. Some provisions of the new advertising law include:
Provisions on folding and sending small advertisements
New regulations: the maximum penalty for spamming small advertisements is 30,000.
The new "Advertising Law" stipulates that no unit or individual may send advertisements to their residences and means of transportation. Without the consent or request of the parties, advertisements shall not be sent to them by electronic information. The use of the Internet to publish and send advertisements shall not affect users' normal use of the network, and ensure one-click closure. Violation of the above two will impose a fine of 5,000 yuan to 30,000 yuan on advertisers.
Folding children's endorsement ordinance
New Law: Children under 10 are forbidden to make noise.
Minors under the age of ten shall not be used as advertising spokespersons; Advertisements for goods or services aimed at minors under the age of 14 shall not contain contents that induce their parents to buy the advertised goods or services.
Folding star endorsement rules
All kinds of stars will bid farewell to willful endorsements and need to use this product to accept advertising endorsements; If an advertising spokesperson is subject to administrative punishment for endorsing false advertisements, he can no longer endorse them within three years. In the new advertising law, celebrity endorsement of various daily necessities, male endorsement of women's products and children's endorsement of drugs will be restricted.
Provisions on folding health advertisements
For health food advertisements, the requirements cannot indicate the assertion or guarantee of efficacy and safety; Can not involve disease prevention and treatment functions; Can not claim or imply that advertising goods are necessary to protect health; Can not be compared with health foods such as medicines; You can't use advertising spokespersons for recommendation and proof.
6. How to understand the requirements of the new advertising law for citation content?
Article 55 Whoever, in violation of the provisions of this Law, publishes false advertisements shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and a fine of not less than three times but not more than five times the advertising expenses shall be imposed; If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed; If there are more than three illegal acts or other serious circumstances within two years, a fine of five to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan may be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year.
If a medical institution commits an illegal act specified in the preceding paragraph, and the circumstances are serious, the administrative department for industry and commerce may revoke the medical institution's diagnosis and treatment subjects or practice license in addition to punishment according to this law. If an advertising agent or publisher designs, produces, represents or publishes an advertisement knowing or should know that it is false, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than three times but not more than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed. If there are more than three illegal acts or other serious circumstances within two years, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 1 million yuan but not more than 2 million yuan shall be imposed, and the relevant departments may suspend the advertising business, revoke the business license and revoke the advertising registration certificate.
Advertisers, advertising agents and publishers who commit the acts specified in the first and third paragraphs of this article, which constitute a crime, shall be investigated for criminal responsibility according to law. Article 56 Advertisers who, in violation of the provisions of this Law, publish false advertisements, deceive or mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law.
If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance. If a false advertisement about a consumer's life and health goods or services causes damage to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers.
If false advertisements for goods or services other than those specified in the preceding paragraph cause harm to consumers, if the advertising agents, publishers and spokespersons know or should know that the advertisements are false, they still design, produce, represent, publish, recommend and prove them, and they shall be jointly and severally liable with the advertisers. Article 57 In case of any of the following acts, the administrative department for industry and commerce shall order the advertiser to stop publishing advertisements and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license may be revoked, and the approval document for advertisement examination shall be revoked by the advertisement examination organ, and the application for advertisement examination shall not be accepted within one year; For advertising agents and publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than 200,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the business license and the registration certificate of advertising release may be revoked: (1) publishing advertisements in prohibited situations as stipulated in Articles 9 and 10 of this Law; (two) in violation of the provisions of article fifteenth of this law, publishing advertisements for prescription drugs, pharmaceutical precursor chemicals, medical devices and drug treatment methods; (3) In violation of the provisions of Article 20 of this Law, publishing advertisements for infant dairy products, beverages and other foods that claim to be able to completely or partially replace breast milk; (4) Publishing tobacco advertisements in violation of the provisions of Article 22 of this Law; (5) In violation of the provisions of Article 37 of this Law, using advertisements to publicize products or services that are prohibited from being produced or sold, or publishing advertisements that are prohibited from being published; (six) in violation of the provisions of the first paragraph of Article 40 of this law, publishing advertisements on medical care, medicines, health food, medical devices, cosmetics, alcohol, beauty advertisements and online games in the mass media that are not conducive to the physical and mental health of minors.
Article 58 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop advertising, order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than one time and less than three times the advertising cost; If the advertising expenses cannot be calculated or obviously low, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; If the circumstances are serious, a fine of not less than three times but not more than five times the advertising expenses shall be imposed; If the advertising expenses cannot be calculated or are obviously low, a fine of more than 200,000 yuan and less than 1 million yuan shall be imposed, the business license may be revoked, and the advertising examination organ shall revoke the approval document for advertising examination, and its application for advertising examination shall not be accepted within one year: (1) publishing advertisements for medical treatment, medicines and medical devices in violation of the provisions of Article 16 of this Law; (2) In violation of the provisions of Article 17 of this Law, advertisements involve the function of disease treatment, and use medical terms or terms that easily confuse promotional goods with drugs and medical devices; (three) in violation of the provisions of article eighteenth of this law, publishing health food advertisements; (4) publishing advertisements for pesticides, veterinary drugs, feeds and feed additives in violation of the provisions of Article 21 of this Law; (5) Publishing alcohol advertisements in violation of the provisions of Article 23 of this Law; (six) in violation of the provisions of article twenty-fourth of this law, publishing education and training advertisements; (seven) in violation of the provisions of article twenty-fifth of this law, publishing advertisements for commodities or services with expected return on investment, such as investment promotion; (8) Publishing real estate advertisements in violation of the provisions of Article 26 of this Law; (nine) in violation of the provisions of Article 27 of this law, publishing advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding; (ten) in violation of the provisions of the second paragraph of Article 38 of this law, using minors under the age of ten as advertising spokespersons; (eleven) in violation of the provisions of the third paragraph of Article 38 of this law, using natural persons, legal persons or other organizations as advertising spokespersons; (twelve) in violation of the provisions of article thirty-ninth of this law, using articles related to primary and secondary school students and children in primary and secondary schools and kindergartens; (thirteen) in violation of the provisions of the second paragraph of Article 40 of this law, publishing advertisements for goods or services for minors under the age of fourteen; (14) publishing advertisements without examination in violation of the provisions of Article 46 of this Law. If a medical institution commits an illegal act as stipulated in the preceding paragraph, if the circumstances are serious, it shall be handled by the industry and commerce.