The Regulation of Deceptive and Misleading Advertisements Relative to Beauty and Slimming Industries under the Fair Trade Act

• Main Authors: Hui-Yu Liu, 劉蕙瑜
• Other Authors: Yi-Tien Lin
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/81819893678773647989

碩士 === 國立成功大學 === 科技法律研究所 === 97 === In recent years, misleading advertisements related to beauty and slimming industries quite prevail in our country. Since 1998, the beauty and slimming advertising entered a “regulatory stage”, however, illegal advertisement is still quite serious. This research compares sanitary regulation and the Fair Trade Act to control this kind of advertisement, and, the result is as following: In regulatory of advertisers (the providers of products or services), on the control range of content authenticity, the Fair Trade Act is wider than sanitary regulation. In regulatory of advertising industry, the Fair Trade Act has consistency in controlling, it does not regard product category as the standard which matches the obligation of distinguishing advertising industry. In regulatory of endorsement and testimonial, sanitary regulation does not have stipulation to punish general advertising spokesperson. Because the Fair Trade Commission adopts the principle which is “The Fair Trade Commission is second to the relevant competent authority to interfere in illegal cases”, most cases are administered by the sanitary competent authority, thus, what the Fair Trade Commission can do is limited. Considering the amount of penalty, most sanitary regulations are lower than the Fair Trade Act, it is difficult to curb misleading advertisements effectively, and then consult the division of responsibility of the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). This research suggests revising the law in the future, the Fair Trade Commission to be a predominant regulator of misleading advertisements related to beauty and slimming industries. The sanitary competent authority is responsible for the security of the products and management that label mainly, no longer manages on the advertising part. As for current execution, when concurrence of laws occurs between the Fair Trade Act and sanitary regulation, though the Fair Trade Commission is not the first competent authority to get involved. If sanitary competent authority is not working effectively, the Fair Trade Commission should immediately deal with illegal cases actively. However, while punishing illegal cases, it must avoid double jeopardy.