Overseas purchasing agent's health product advertisement permanently banned by court: punishment is reasonable, not unblocked
2025-03-21
Hemolytic thrombus, anti-tumor... are health products so "magical"? Overseas purchasing agents have been banned for posting this statement and are suing the court to request the platform to lift the ban. The reporter learned from the Beijing Internet Court a few days ago that the court made a judgment rejecting all claims for overseas purchasing. The case shows that a certain video platform is operated by a certain technology company. Li registered an account on the platform using his mobile phone number, published 1284 works, and has 31.5 million followers. On May 6, 2020, Li used his account to post several short videos, including promoting foreign health products, sending packages, chatting with customers, etc. The videos were accompanied by voiceovers such as "serious blockage of the heart blood vessels... eating some European leopard oil to dissolve blood clots" and "Nordic white swan certification Finnish FI white birch mushroom lowers blood sugar and blood pressure, enhances immunity and anti-tumor effects". On May 6, 2020, the account was permanently banned by the platform due to "suspected medical risks". Li believes that the content he posts and shares is daily life content, and the ban on his account by a certain technology company is a breach of contract. He requests the court to order the technology company to lift the ban on his account, restore the account to its pre ban state and restore all original videos, and apologize to Li in his account. The defendant, a certain technology company, argued that the plaintiff Li's account repeatedly and extensively posted videos promoting health products without qualifications, and illegally promoted the disease prevention and treatment effects of these products. The account involved in the case promotes the sale of a large number of health products, displays customer purchase records, solicits consumers to purchase, and even solicits others to become its subordinate agents, which violates the service agreement between the plaintiff and defendant. After trial, the court believes that the focus of the dispute in this case is whether the defendant's permanent ban on the plaintiff's platform account in question constitutes a breach of contract. The court believes that the plaintiff's relevant actions violate laws, regulations, and platform agreements. Through several videos posted by the plaintiff, it can be seen that the plaintiff promotes foreign health products through their account, including descriptions such as "lowering blood pressure", "dissolving blood clots", "lowering blood sugar", etc. At the same time, the content involved in the plaintiff's videos can be determined to be the plaintiff's promotion, advertising, and sales of foreign health products on the platform involved in the case. According to the Food Safety Law, the state strictly supervises and manages special foods such as health food, formula food for special medical purposes, and infant formula food. The account involved in the case, as a personal account, released videos promoting, advertising, and selling foreign health products without obtaining the corresponding qualifications, guiding users to purchase. The plaintiff's behavior violated relevant legal provisions and the "User Service Agreement" of the platform involved. The court believes that the defendant's decision to permanently ban the plaintiff's account does not constitute a breach of contract. The court noticed during the trial that the plaintiff's account had received multiple punishment warnings from the platform before being permanently banned, but the plaintiff did not pay attention and continued to post illegal videos. The defendant's permanent closure of the plaintiff's account in accordance with the User Service Agreement is not improper and does not constitute a breach of contract. The Beijing Internet Court made a judgment of first instance, rejecting all claims of the plaintiff Li. After the judgment was made, the plaintiff Li appealed, but the second instance court rejected the appeal and upheld the original judgment. At present, the verdict of the case has come into effect. (New Society)
Edit:Ou Xiaoling Responsible editor:Shu Hua
Source:GuangMing Net
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