"Laundry Liquid Milk Tea" "Soap Mousse" "Light Bulb Lollipop"
How much risk is hidden in cross-category confusion of goods?
● The cross-category confusion of products such as "laundry liquid milk tea", "soap mousse", "light bulb lollipop" and "smoke candy" is a new phenomenon that has appeared in recent years. These "Internet celebrity foods" are very suitable for young people's curiosity. However, the harm should not be underestimated. Injuries due to accidental ingestion and even hospitalization have also occurred from time to time.
● It is not worth advocating the marketing method of "hunting for novelty". Cross-border marketing should be positioned according to the general public's comprehensive taste and actual needs.
Merchants shall be liable for compensation in accordance with the law if the curious methods adopted by merchants on the appearance or logos of products mislead consumers, cause consumers to eat them by mistake or have other harmful consequences
● Relevant laws need to be specifically refined to solve the problem of edge balls in real life, so that the innovation of product packaging and product appearance does not touch the boundary of good social order.
For cross-category confusion of commodities, the producer is the first responsible person, and the manufacturer should consider the social risks that the product may bring during production, and establish the awareness of goodwill production and marketing.
□ Our reporter Zhao Li
□ Our intern Tan Lanhui
The outer packaging seems to be laundry detergent, but in fact it contains beverages. A drinkable "laundry liquid milk tea" has recently caused controversy.
Some netizens questioned whether this kind of packaging would mislead children and increase the risk of children eating laundry detergent at home by mistake.
Under the focus of public opinion, relevant stores have removed the "laundry liquid milk tea".
But in addition to "laundry liquid milk tea", the "Rules of Law Daily" reporter found that some businesses also launched "soap mousse", "light bulb lollipop" and "smoke candy" and other foods.
For example, the appearance of the dessert "Soap Mousse" is borrowed from a well-known soap brand, and it is served in a dish similar to a soap box, which is very confusing in appearance.
The dessert was originally sold as a package with "Laundry Liquid Milk Tea". After the "Laundry Liquid Milk Tea" was taken off the shelves, many consumers still came to the store to check in "Soap Mousse".
Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Association of the China Law Society, believes that marketing methods such as the above-mentioned "laundry liquid milk tea" that are too "picky" are not worth advocating, and cross-border marketing should still be based on the general public. Taste and actual needs to locate.
If the curious method adopted by the merchant on the appearance or logo of the product misleads the consumer, causes the consumer to eat it by mistake or produces other harmful consequences, it shall be liable for compensation in accordance with the law.
Commodity cross-class confusion
The danger should not be underestimated
The reporter has recently seen on multiple e-commerce platforms that many netizens from all over the world check in the "soap mousse" in some hot pot restaurants.
On a lifestyle recording platform, there are more than 4,200 notes about "soap mousse", including a batch of video content promoting or punching in "soap mousse".
In the above video, many punchers introduced: "Change the traditional mousse shape to create a classic soothing look."
While "soap mousse" became popular on the Internet, controversy also followed.
Some netizens said, "I really thought it was soap if I didn't look closely, but I felt like I was bubbling after reading it..." Some netizens also worried about the safety problems brought by the product, "I'm afraid that some parents didn't tell their children about the danger and took their children to eat. Afterwards, the child eats the soap at home..."
Such concerns are not superfluous.
According to public reports, a woman in Suzhou, Jiangsu, purchased an internet celebrity cleanser online. The packaging of this cleanser is very similar to orange juice. The bottle is transparent and fluid orange.
When the woman went out, the elderly in the family mistook the detergent for orange juice and gave the child to drink, and finally the child was rushed to the hospital for gastric lavage.
The reporter noticed that in recent years, some merchants have launched "infusion drinks" that imitate the appearance of medical device infusion bags. The packaging includes infusion bag hangers, infusion bags, infusion tubes and flow rate regulators.
In the opinion of the interviewed experts, "laundry liquid milk tea" and "soap mousse" are by no means as simple as packaging and shapes that are too alternative. Laundry liquid and milk tea belong to different categories of commodities, and it is not harmful to let the two "match" across categories. watch for.
In addition, "light bulb lollipop" and "smoky ice cream" and other Internet celebrity foods with unique shapes and novel packaging have sprung up like mushrooms after a rain.
These Internet celebrity foods are very in line with the curiosity of young people, but some foods are likely to be harmful to consumers' health.
Some consumers reported that their daughter was frostbitten by liquid nitrogen dripping on the skin of her chest and abdomen during the process of eating "smoky ice cream".
Others put the "lightbulb lollipop" in their mouths, but found that they couldn't get them out, so they could only ask a doctor.
Some industry insiders pointed out that creative innovation in the food and catering industry should be encouraged, including innovation in product packaging, shape and other aspects, but the way of hunting for novelty marketing is not desirable.
In response to the "Laundry Detergent Milk Tea" incident, Chen Yinjiang believes that it is necessary to see the harm of this wonderful product itself and remove the product from the shelves. This kind of chaos is managed, making it difficult for exaggerated propaganda and impostor marketing to succeed.
"It is easy to mislead consumers by 'matching' food with detergents and medical device packaging. It is easy to mislead consumers. For merchants, this type of packaging is only a temporary gimmick, not a long-term marketing plan. From food safety to From this point of view, relevant departments should conduct regular supervision to prevent businesses from using containers and packaged foods that do not meet food safety standards." Chen Yinjiang said.
Excessive cross-border marketing
prone to misunderstanding
Cross-category confusion of commodities is a new phenomenon that has emerged in recent years. Zhu Yi, an associate professor at China Agricultural University, said that in addition to "laundry liquid milk tea", there are also "smoke candy", "lipstick candy" and "ring candy" that appear around the school. "Smoke Candy" looks like a cigarette, but the content is candy. Combining cigarettes and candy can easily lead to misleading and train students to become smokers.
The reporter searched for "smoke candy" and "lipstick candy" on the e-commerce platform and found that "smoke candy" is very similar to real cigarettes on the outer packaging, and some "smoke candy" even directly marked the word "China" on the outer packaging. .
According to the seller, there are both small vendors who buy "tobacco candy" in batches, and parents who buy it in small quantities.
The reporter looked at the product evaluation and found that some parents did buy it and commented that "children like to eat".
Compared with "cigarette candy", many online stores sell more "lipstick candy", and some online stores show that the monthly sales volume reaches more than 600 orders.
Looking at the buyer's show, most of these "lipstick candy" eaters are three or four-year-old children.
In addition, when the reporter searched for "food-grade toys" on the e-commerce platform, some small toys or literacy cards made into various food shapes appeared.
Some merchants claim that these cards are "eatable" cards, and the word "eat" is put in quotation marks. The customer service said that "eat" is to indicate that the material of the card itself is non-toxic and harmless, and does not mean that it is edible.
However, many parents reported to reporters that such cards are very easy to mislead young children into being edible.
When the reporter searched for "edible toys", the result was many products named "food toys", most of which were imported from abroad.
After inquiring about the business, the reporter learned that this type of product is made of powdered sugar, which can be made into various shapes like plasticine by adding a small amount of water, and can be eaten directly after it is finished.
In this regard, some parents left messages expressing concerns about their safety.
"The development of such products in China has just started. There is currently no clear legal regulation on the safety of such edible and plastic products." Zhu Yi said that these products with two use values, There is a risk of cross-border confusion, because children themselves are not strong enough to discriminate, and after playing a "candy toy" once, it is possible to eat ordinary plasticine as a "candy toy" in the future.
Innovation should have a bottom line
Do not spend blindly
The interviewed experts suggested that as consumers, consumers should consume rationally, not blindly follow the trend, and always pay attention to the safety of Internet celebrity food; Internet celebrity food should not only be resolutely boycotted, but should also be reported to the regulatory authorities in a timely manner.
In Chen Yinjiang's view, the premise of cross-category marketing of products is not to mislead consumers. If misleading or harm is caused, the merchants must bear the corresponding responsibilities according to law.
According to the Consumer Rights Protection Law, the information provided by operators to consumers about the quality, performance, use, and validity period of commodities or services shall be truthful and comprehensive, and shall not make false or misleading publicity.
When consumers purchase and use commodities, if their legitimate rights and interests are damaged, they may claim compensation from the seller.
Zhu Yi also believes that cross-category marketing of commodities is a borderline marketing behavior that challenges both law and morality, which is contrary to the spirit of the Consumer Rights Protection Law.
The outer packaging of the product is equivalent to a part of the propaganda. This kind of cross-border packaging that is fake and genuine can be understood as a kind of false propaganda.
At the same time, Zhu Yi believes that it is necessary to refine the relevant laws to solve the problem of edge balls in real life, so that the innovation of product packaging and product appearance does not touch the boundary of a good social order.
For cross-category confusion of commodities, the producer is the first responsible person, and the manufacturer should consider the social risks that the product may bring during production, and establish the awareness of goodwill production and marketing.
"Relevant departments should increase daily supervision and inspection on the problem of cross-category confusion of similar products. For cross-category marketing problems that may mislead consumers, they should promptly urge merchants to rectify and implement them; for cross-category marketing behaviors that are obviously illegal or damage consumers' rights and interests, It must be investigated and dealt with in accordance with the law." Chen Yinjiang said.
He proposed that relevant industry organizations should also strengthen industry self-discipline, guide enterprises in the industry to establish correct business concepts, operate with integrity and law-abiding, and provide consumers with high-quality products and high-quality services, rather than through curious packaging and excessive marketing. to win the attention of consumers.
In addition, consumers should also establish a rational consumption concept, and do not blindly pursue exotic packaged goods, so as not to be misled and damage their rights and interests.