Is it difficult to ask a company to answer "how many goods were sold and how much money was actually donated"? Nongfu Spring gave this knife around his neck a positive answer with practical actions.
Since the beginning of this year, Nongfu Spring has been a little annoyed, riddled with lawsuits and constantly questioned.
The "Shuiyuanmen" incident has not yet ended, and it has fallen into the credibility crisis of "one penny".
On August 1 1, the Public Welfare Times, which is in charge of the Ministry of Civil Affairs, published the article "A penny donation from Nongfu Spring was questioned" on the front page, questioning the advertisement of Nongfu Spring for a penny. According to the article, the annual sales scale of Nongfu Spring is 654.38+0.5 billion bottles to 2 billion bottles. According to its advertisement, from 2006.5438+0 to 2008, Nongfu Spring will inject at least150,000 yuan into the aid fund every year, but in fact only 5 million yuan can be found in the public cash donation. Once the article was published, a dramatic scene appeared. The report was not only reprinted and followed up by almost all media, but even the foundation contacted Nongfu Spring and asked it to donate the unpaid part to itself.
On August 14, China Social Workers' Association, the organizer of Public Welfare Times, suddenly announced that Nongfu Spring, which was accused of fraud in the event of "one penny public welfare", was excluded from the selection of the fifth outstanding corporate citizenship activities in 2009.
Faced with such fierce public doubts, Nongfu Spring could not sit still. On August 14 and 18, Nongfu Spring published two statements on the Internet, making a high-profile counterattack against the Public Welfare Times and the China Social Workers Association. Later, he filed an honorary lawsuit against him in Hangzhou, Zhejiang.
Donate 5 million and get 5 million back.
On September 2, the Public Welfare Times received a court summons.
"Our article is very objective. We didn't say Nongfu Spring wouldn't donate. We just want to know how much water Nongfu Spring has sold in recent years, how much money it has donated and whether it has helped poor children. " Zhao Guanjun, director of the news department of Public Welfare Times, said.
But what makes people feel strange is that Nongfu Spring did not directly answer the questions of the media and the public about "a penny". Instead, they sued the Public Welfare Times and its organizers on the grounds of "damaged reputation" and demanded that the two defendants publicly apologize and compensate RMB 5 million.
For the so-called reputation right, Nongfu Spring claims to be a well-known trademark recognized by the State Administration for Industry and Commerce. The publication of this article has seriously damaged the company's image.
In this regard, Zhao feels a bit incredible. "It's funny to be sued. Generally speaking, once the reputation right is damaged, it is first necessary to check whether the report is inaccurate, but Nongfu Spring did not propose it. Even more bizarre is that the claim amount is 5 million yuan. We don't know how this money is worked out. The only explanation that can be considered now is that they once donated 5 million and now want to take it back. "
It is reported that this honorary lawsuit will be held in the People's Court of Xihu District, Hangzhou City, Zhejiang Province on October 22nd, 65438.
At present, the Public Welfare Times is actively preparing to respond to the lawsuit, and has organized a group of more than a dozen lawyers. Enthusiasts, including volunteers, lawyers' associations, law societies and law research institutes, expressed their solidarity.
In fact, as the media sued by Nongfu Spring, Public Welfare Times is not the first one. Prior to this, Nongfu Spring had sued three media for the "Shuiyuanmen" incident.
Anyone familiar with Nongfu Spring will know that in 2009, this well-known enterprise fell into an unprecedented crisis. Both of the company's advertisements were hit hard and were bombarded by the media. First, its famous advertisement "Nongfu Spring is a little sweet", and then the award-winning advertisement "Drink a bottle of water and donate a penny". This is a devastating blow to a national enterprise.
In this regard, Nongfu Spring urgently adopted media public relations and planned and organized a large-scale source-seeking activity of "witnessing Qiandao Lake and witnessing Nongfu Spring's water source" to let consumers experience the water source in order to get rid of the credit crisis. However, this crisis has not been completely lifted, and another wave of "penny" crisis has arrived. With such intensive questioning, Nongfu Spring believes that there is suspicion of malicious speculation and unfair competition behind it, and there is suspicion of offending opponents. Many media are prepared by competitors.
In this regard, the "Public Welfare Times" said that the newspaper had no secrets and had never dealt with Nongfu Spring before. As the newspaper in charge of the Ministry of Civil Affairs, this report is not aimed at Nongfu Spring, but to cooperate with the Regulations on the Administration of Charity Information Disclosure to be issued by the Ministry of Civil Affairs. This article is just one of four series reports. "We hope to promote the openness and transparency of domestic charity information through reporting."
As for whether Nongfu Spring's alternative counterattack is difficult, we don't know, because from August 1 1, Nongfu Spring refused to be interviewed by the media on the grounds that "our leaders are all abroad". However, some insiders say: the integrity of enterprises is the cost of survival, and it is difficult for brands to become bigger. If you don't change all the time, it's hard to survive.
The sunshine project is accused of having a beginning and no end.
"By 2008, Sunshine Project will bring sports happiness to 200,000 children". Although seven years have passed, people are still moved by Nongfu Spring's "penny" advertisement in 2002: a rich baritone, a group of running children, and a sensational text, "From now on, you will donate a penny for each bottle of Nongfu Spring."
2006 is the fourth year of Nongfu Spring Sunshine Project. These days, "a bottle of water costs a penny. Every time you drink a bottle of water, you donate a penny to the children in the water source. As a series of programs of "You get what you pay for", the advertisement of "Thinking about the source of drinking water" was broadcast on CCTV and local TV stations, and the public's enthusiasm for "drinking water to help students" reached its peak.
According to the report of Public Welfare Times, according to the insider's disclosure, Nongfu Spring did not fulfill its promise as claimed in the advertisement, and donated a penny to the children in the water source after drinking a bottle of water.
"In fact, the article said that the sunshine project is worth a penny, and thinking about drinking water source activities is worth a penny. Both activities were in 2008, not just a penny, but a few cents. " Zhao reached this conclusion after carefully reading the reporter's manuscript. "But we are concerned about the penny of the' Sunshine Project'."
The only cash that the media can find that Nongfu Spring donated to Sunshine Project is: On June 5, 2006, Nongfu Spring cooperated with Soong Ching Ling Foundation and invested 5 million yuan to set up a "drinking water source" student fund to help children from four water sources, including Changbai Mountain, Qiandao Lake, Danjiangkou and Lvwan Lake. The activity is limited to 2006, and the agreed time is 65438+ 10 to July. Nongfu Spring also mentioned in the "Nongfu Spring Donation Statement" released on August 18 this year that the actual donation amount of this activity was 5,007,563 yuan (of which 7,563 yuan came from the charity sale).
According to an insider, at a meeting in Guangzhou, an insider of Nongfu Spring Company said that the company sells 65.438+0.5 billion to 2 billion bottles of pure water a year. In this way, the annual donation will be150 thousand yuan, which should be more than one billion yuan in eight years, not 5 million yuan.
Then, "Nongfu Spring's donation shrank by 6.5438+million" was spread by online media.
It is understood that the "penny" project started at 200 1. The first penny project is to donate a penny to the 2008 Beijing Olympic Games for every bottle of water sold.
In 2002, the theme of "One Money" activity was changed to "Sunshine Project", and sports equipment worth 5.05 million yuan was sponsored to help schools in poor areas improve sports facilities.
However, this 5.05 million yuan sports equipment was only obtained from Nongfu Spring. As for when, how and where it was donated, consumers did not know.
In a material published by the media in 2002, even in a popular advertisement at that time, it was mentioned that the Sunshine Project would end in 2008.
According to the information obtained by the media, in 2007 and 2008, there was no donation activity for the "penny" project.
According to the latest statistics of China Beverage Industry Association, the total sales volume of packaged drinking water in 2008 was 24,755,800 tons, which was 37% higher than that of 1.8 1.87 tons in 2007. Among them, Master Kong continued to win the position of "Water King" with a score of 4.03 million tons, while Wahaha and Nongfu Spring ranked second and third, with sales exceeding one million tons last year.
If it can be confirmed that Nongfu Spring only donated 5 million yuan in 7 years, anyone can calculate the annual sales of Nongfu Spring, which will be a very small number.
"This is impossible and absurd." Zhao said that Nongfu Spring is the top three enterprises in the beverage industry. How can a top three enterprise sell so little?
However, it is impossible for enterprises to announce their sales. Relevant persons of Soong Ching Ling Foundation said that even if they cooperated in that year, the Foundation could not find its sales volume and could not interfere too much. Once there is too much intervention, it will dampen the enthusiasm of enterprises.
Donation in the name of consumers, the company does not disclose its sales volume and donation destination, and it is not open and transparent, which leads to people unable to grasp corporate charity information. From this point of view, the state urgently needs to introduce laws and regulations such as charity information disclosure to further standardize corporate charity activities.
From March to April, the Ministry of Civil Affairs began to discuss the promulgation of relevant laws and regulations. At present, the "Regulations on the Administration of Charity Information Disclosure" has been basically drafted and is awaiting approval from the State Council.
An inappropriate response statement.
On August 1 1, China Social Workers Association, the organizer of Public Welfare Times, made a high-profile accusation to the media that Nongfu Spring Company was excluded from the selection of "the 5th Excellent Corporate Citizen in 2009" because of "false donation". In the statement issued on August 18, 2009, Nongfu Spring said that the two parties "deliberately fabricated and distorted the facts, which caused great damage to Nongfu Spring's corporate image and brand image, and our company has begun to take legal action against the above-mentioned institutions". Although the official website of Nongfu Spring has been opened now, there is no other content except the photo link of "Experience Qiandao Lake and witness Nongfu Spring", but this statement can still be found online.
In the statement, Nongfu Spring fully considered the incidents of "water source gate" and "false donation of a penny" and thought that "this is a series of carefully planned events that deliberately discredit Nongfu Spring's good corporate reputation and brand image".
"The 5th Excellent Corporate Citizenship in 2009 was jointly organized by CCTV Economic Channel, Tencent Foundation and China Social Citizenship Committee. Why only take the China Social Citizen Committee and the Public Welfare Times as the prosecution units, and the other two units? " The Public Welfare Times questioned this.
Nongfu Spring also stressed in the statement that from June 65438+ 10/day, 2006 to July 3 1 day, 2006, Nongfu Spring Company donated a penny for every bottle of Nongfu Spring sold, with a total donation of 5,007,563 yuan, because the company and Soong Ching Ling Foundation confirmed that during the event,
"Marked donations are not donations, but there is no mention in the advertisement that please buy marked water. This doesn't make sense. " Some netizens expressed dissatisfaction with Nongfu Spring's explanation on the Internet.
Finally, Nongfu Spring briefly listed the incomplete statistics of social welfare in the statement, including the Olympic bid, typhoon, China's manned spaceflight project and so on.
In fact, in the advertisements of Nongfu Spring in 2002 or 2006, the words "purchase marked Nongfu Spring" were not mentioned or appeared. What the public is familiar with is still "drink a bottle of water and donate a penny". An activity that was reported by the media until 2008 only donated 5 million yuan in cooperation with Soong Ching Ling Foundation in 2006 and 5.05 million yuan worth of sports equipment in 2002. How do you explain this?
"We just want you to tell us how much money you donated to Sunshine Project. However, apart from the donation in 2006, the rest of the statement was not mentioned. I asked how much money I donated in eight years and whether I got the invoice. I replied that I donated 5 million yuan for half a year, which is obviously irrelevant. " This kind of response made the Public Welfare Times laugh and cry.
A penny leads to thinking
"What did you donate? When did you donate it? Who did you donate it to? What is your sales volume? How much should you donate? Nongfu Spring only publishes these figures, which is the only way to solve the credibility crisis. " Some netizens leave messages on the Internet.
However, this is precisely the most difficult problem of Nongfu Spring. They can only "avoid the heavy and say nothing."
Not only the Public Welfare Times, but also the public can't be satisfied with Nongfu Spring's answer.
China's "Advertising Law" clearly stipulates that "advertisements shall not contain false contents and shall not deceive or mislead consumers" and that "advertisers, advertising agents and publishers shall abide by laws and administrative regulations and follow the principles of fairness, honesty and credibility".
Nongfu Spring obviously violates this principle. If you really didn't donate, it should be misleading consumption and suspected of advertising fraud. In this regard, some insiders believe that: from the advertising point of view, every time a bottle of Nongfu Spring is sold to drink natural water, Nongfu Spring Company will donate a penny for the sunshine project on behalf of consumers. According to the promise made in the Advertising Law, if it is not fulfilled, it will be punished.
But Nongfu Spring is an enterprise, not a society. Obviously, this punishment cannot be completed by the Ministry of Civil Affairs, and it needs the intervention and support of the State Administration for Industry and Commerce and consumer associations.
According to the understanding in the advertisement, Nongfu Spring is not just a penny donated on behalf of consumers. Even if the money is paid by itself, the money donated by Nongfu Spring belongs to the public consumers, and consumers have the right to know.
According to the Consumer Protection Law, any consumer has the right to know where the penny was donated after buying a bottle of water from Nongfu Spring.
Lawyer Deng Liang of Shanghai Huisheng Law Firm, Beijing Branch, believes that the commercial advertisements of Nongfu Spring have obvious sales nature and are not public service advertisements. Nongfu Spring is funded by social forces, so it is suspected of public offering. According to the People's Republic of China (PRC) Public Welfare Donation Law, only public welfare social organizations and public welfare non-profit institutions can accept donations from natural persons and legal persons, while for-profit enterprises as legal persons cannot accept donations and have no right to manage donated property. Nongfu Spring, a fund-raising behavior with the nature of public offering, is obviously not supported by law.
Under the current situation, the general operation mode of public offering is the cooperation between enterprises and foundations, and the pure enterprises implement public offering. Everyone is not convinced, but this is the case with Nongfu Spring.
After the false donation of a penny was exposed by the media, even many citizens wanted to initiate a civil lawsuit and demanded to sue Nongfu Spring. Before the press release, the reporter learned from the assistant of Mr. Wang Hai, a famous domestic counterfeiter, that Wang Hai had collected relevant evidence and would report a penny advertisement of Nongfu Spring to the State Administration for Industry and Commerce in a few days. At present, Wang Hai has appeared in Beijing, and is making relevant preparations such as notarization.
"A sum of money does reflect the problems in the disclosure of charity information." Who should disclose information, how and to whom.
In response to the prosecution incident, the Public Welfare Times said, "We will definitely win this lawsuit, but winning the lawsuit is not the purpose. We hope that through this incident, we can promote the development of national charity to a certain extent. "
Open the "penny" advertisement of Nongfu Spring in 2002, and the rich voice of "two skipping ropes, 20 yuan's racket, a decent basketball stand" ... From now on, your wish to donate a penny for your children for every bottle of Nongfu Spring is still there, but now it looks and sounds a little stale to consumers. ■