The release of the "Guidelines for the Standardization of Blind Box Business Activities (Trial) (Draft for Comment)" not only shows the state's attitude to strengthen the management of the issue of blind boxes affecting the personal safety and physical and mental health of minors, but also requires Blind Box fashion companies to improve their management. Awareness of the protection of minors.

"It should not be purely for the pursuit of economic interests, regardless of the potential negative impact that the product may have on minors."

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  On August 16, the State Administration for Market Regulation issued the "Guidelines for the Standardization of Blind Box Business Activities (Trial) (Draft for Comment)" (hereinafter referred to as the "Draft for Comments"), which means that the blind box market on the tuyere will be unified and clear. specification.

The draft proposes to stipulate the content, form, and sales target of blind box sales, and proposes that drugs, food, live animals, etc. shall not be sold in blind boxes, and blind boxes shall not be sold to minors under the age of 8.

  In recent years, the emergence of the blind box form has driven the hot sales of many products.

According to the "2021 China Trend Toy Market Development Report" released by the National Situation Survey and Big Data Research Center of the Chinese Academy of Social Sciences, it is estimated that in 2022, the economic market size of China's trendy toys represented by blind boxes and figures will reach 47.8 billion yuan.

But its development is also worrying.

"Pet living blind box", "blind box induces excessive food consumption", "unclaimed luggage is sold as blind box", "parents spend 2 million to collect cards for children", these endless negative news have cast a shadow on this sales model A layer of shadow.

  On the one hand, there is strong market demand, and on the other hand, there are frequent industry chaos. With the introduction of the draft, the blind box market of tens of billions of yuan will enter the normalization.

The era of "everything is blind box" will come to an end

  Blind boxes, a fun and mysterious product, have sparked a wave of consumption in recent years.

From the original dolls to stationery, airline tickets, and NFTs, blind boxes have brought this sense of luck to various fields and changed the sales model of many industries.

  However, the "everything is blind box" era will come to an end.

The draft opinion released this time proposes that medicines, medical devices, special cosmetics, toxic and hazardous materials, flammable and explosive materials, live animals, unmarked express mail, food, etc., have certain requirements in terms of conditions of use, storage and transportation, inspection and quarantine, and supervision and management. Commodities that are strictly required shall not be sold in blind boxes.

  Previously, the "pet blind box" with live animals as the main sales subject has caused widespread controversy.

Merchants put animals including cats and dogs, turtles, hamsters, lizards and other animals into small express boxes and sell them by randomly buying precious pets as a gimmick. However, consumers who get their hands are often curled up in cages, shivering, or even dead. of small animals, and many boxes were accompanied by the stench of excrement mixed with putrefaction.

  "The sale of live animals in the form of blind boxes has the risk of disease transmission, and will also lead to the phenomenon of animal cruelty." Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association, believes that the regulations issued this time combine the actual situation. , according to the special attributes of the blind box, combined with the characteristics of related products, it has practical significance for the development of the standard operation of the blind box in the future.

  He also pointed out that other commodities covered by the regulations are also special commodities and should not be sold in the form of blind boxes.

"For example, special commodities such as medicines and medical equipment need to be franchised, and they can't be sold just by registering a business license. There are also toxic and harmful substances, flammable and explosive substances that have special requirements for transportation conditions, and businesses need to be licensed for sales. "

  In January this year, the Shanghai Municipal Administration for Market Regulation issued the "Shanghai Blind Box Business Activities Compliance Guidelines", which drew a red line for blind box business activities.

A person in the fashion game industry told a reporter from China Youth Daily and China Youth Daily that compared with Shanghai, the release of this document has a clearer negative list and detailed regulations, which are conducive to more standardized operation of relevant enterprises. .

  Blind boxes have also been criticized for product quality and false advertising.

The "Analysis of Complaints Accepted by the National Consumers Association in 2021" released by the China Consumers Association at the beginning of this year shows that "businesses use blind boxes to sell expiring products or fake and shoddy products" and "the probability of blind boxes is not transparent" has been complained by consumers. most.

  24-year-old Yuqi (pseudonym) has been in contact with blind boxes since 2019, and has spent more than 10,000 yuan in the past few years.

She usually mainly buys some well-known brand blind boxes, and has also purchased some other types of blind boxes on online platforms.

"I bought 20 bowls for 88 yuan, as well as blind boxes for mobile phone cases and blind express boxes made up of couriers that no one wanted. There were also lucky gift boxes from supermarkets before, which said they had mobile phones in them, and I bought two or three of them. I later found out that it was a small broken thing for a few dollars, so I stopped buying it.”

  "I have also bought an online blind box before, saying that if you open 5 of a certain item, you will get 1, but I have not opened 10." Yuqi believes that the false propaganda of blind boxes should be the focus of supervision.

  In response to such phenomena, the draft proposes that the products produced and operated by blind box operators should meet the requirements of laws and regulations on quality and safety; at the same time, blind box operators are also required to refrain from compromising box extraction rules, extraction probability, sales status, users False or misleading commercial propaganda, such as evaluation, commodity quantity, commodity specification, commodity quality, service provision method, etc., deceive and mislead consumers.

  Ding Xueming, a lawyer from Shanghai Landy Law Firm, said that as an emerging business format, the blind box field lacked unified industry norms before. Some merchants used blind boxes to clear their inventory and deceive consumers with inferior, expired and even "three-nothing" products.

Some businesses falsely advertise, over-marketing, and try their best to lure consumers into the trap.

In his view, the draft opinion released this time provides a unified regulatory policy for the blind box industry, and it makes specific regulations on the content, form, and sales objects of blind box sales.

On the one hand, the industry will develop in an orderly manner under the guidance of supervision; on the other hand, the requirements for blind box prices and product quality will also better protect the rights and interests of consumers.

  "Strict restrictions on blind boxes can clearly let consumers know what they are buying. I think this is very important. While satisfying the sense of surprise, it also ensures that the things I buy will not infringe on my rights." Laika Wang Chunxia, ​​the founder of the think tank, has been paying attention to the trendy game field for many years.

She believes that the blind box first originated from the gashapon machine on the streets of Japan. With the popularity of this concept, the market gradually regarded it as a sales gimmick, and gradually formed a "blind box for everything", and then appeared. A lot of negative news, "Blind box form is actually just a marketing tool, there is no difference between good and bad, it depends on how everyone uses it."

The protection of minors is no trivial matter

  Whether it is the normative document released in Shanghai at the beginning of the year or the draft opinion released this time, the protection of minors is in the same line.

  The draft pointed out that blind box operators shall not sell blind boxes to minors under the age of 8.

For sales of blind box products to minors aged 8 and above, the consent of the relevant guardian should be confirmed through on-site inquiry or online identification.

At the same time, relevant local departments are also encouraged to introduce protective measures to specifically regulate the sales model of blind boxes around primary school campuses, including distance and content.

  At present, in addition to cartoon character IPs and stationery, the blind boxes for children on the market place students' supplies such as signature pens, erasers, correction tapes into blind boxes, and then use exquisite packaging and trendy IPs to attract students' consumption.

  In addition to blind box stationery, Ultraman cards are also very popular among elementary school students.

Before, a topic of "Parents spent 2 million yuan to collect Ultraman cards for their babies" appeared on the hot search.

"Blind box is mainly in the direction of cuteness, and the children or women's market is the largest. I feel that blind box is using the mentality of collecting madness to constantly make people addicted. After having one, I feel that it is not as good-looking as in the store, and I want a complete set. , will continue to buy." Chen Yuran (pseudonym) runs a fashion studio, and he will come into contact with many such consumers on a daily basis.

  "Blind box consumption captures the irrational consumption psychology of some young people who are pursuing novelty, speculation or excitement. Some minors have relatively weak self-control, and out of curiosity or blindly following the trend, they have spent a lot of money and haven't bought it yet. In fact, their consumer rights have been violated.” Chen Yinjiang especially pointed out that if it is a minor without civil capacity or limited capacity, spending a huge amount of money to buy a blind box without getting confirmation from the parents, in fact Should be void, or the consumer can ask for a refund.

  my country's Civil Code stipulates that minors under the age of eight are persons with no capacity for civil conduct, and their legal representatives shall be their legal representatives to carry out civil juristic acts; agent or with the consent and ratification of its legal representative.

Chen Yinjiang said that minors often do not have the legal capacity for civil conduct, and it is very necessary to make clear the age requirements.

"This document implements the regulations and is of great significance for protecting the legitimate rights and interests of minors."

  In addition, Article 55 of the Law on the Protection of Minors also stipulates that the production and sale of food, medicine, toys, utensils, game and amusement equipment, amusement facilities, etc. for juveniles shall comply with national or industry standards, and shall not endanger future generations. The personal safety and physical and mental health of adults.

  "Blind boxes have the attributes of toys in terms of product classification. Novel shapes and cartoon images are more likely to attract the attention of minors, and minors are also the main consumer groups of blind boxes. It caters to people's gambling psychology, The psychology of curiosity and social psychology will have a great impact on the mental health of minors who are not yet mature.” Ding Xueming believes that the release of the draft not only shows that the state’s impact on the personal safety and physical and mental health of minors by the blind box This issue strengthens the management attitude, and also requires Blind Box Tide Play companies to increase their awareness of the protection of minors.

"It should not be purely for the pursuit of economic interests, regardless of the potential negative impact that the product may have on minors."

  Some industry insiders told reporters that the industry has always attached great importance to the protection of minors, and the specific implementation also depends on the subsequent release of official rules, and companies will cooperate with them. From the point of view of the draft, it may be relatively difficult to identify online identity.

  "The clerk of the offline store can judge the age of the child through personal experience or other means, and observe whether there is a guardian to accompany it, but now more and more blind boxes are sold through online or offline robot stores. In both cases, no one is on-site for point-to-point contact." In Wang Chunxia's view, the age limit for blind box consumers is a good regulation, but there are certain difficulties in the specific implementation and operation, and the regulations can be further refined. change.

"Seven days no reason to return" may apply to some blind boxes

  From the perspective of revenue structure, currently blind boxes are mainly sold through "retail stores" and "online channels".

The 2021 financial report released by Bubble Mart, the head of Chaowan, shows that its "online channel" revenue accounted for 41.8%, exceeding 37.3% of "retail stores"; in addition, its online revenue increased by 2020 RMB 951.9 million increased to RMB 1,879.2 million in 2021, a year-on-year increase of 97.4%.

  At a time when online channels are gradually becoming mainstream, is the seven-day no-reason return rule applicable to buying blind boxes online?

It is proposed in the draft that blind box operators can return the blind box products sold in the form of Internet without any reason for seven days after being fully informed and confirmed by consumers.

However, if the whole series of products are sold in the form of an all-inclusive package, and consumers request the return of the whole set after unpacking, the operator shall implement the seven-day unreasonable return rule for online shopping in accordance with the law.

  The "Blind Box Economy 2022 Innovation and Development White Paper" jointly released by Yingke National Network Data Security Compliance Center, Shanghai Internet Association, Shanghai Electronic Commerce Association, and Laika Think Tank pointed out that after the blind box is unpacked, it belongs to "once activated or trial. If the 7-day unreasonable return rule is applied uniformly, it obviously does not meet this feature of the blind box.

  "This is because the consumption of blind boxes has a certain element of luck. Due to the scarcity and unique shape of hidden models in blind boxes, they should not be regarded as ordinary commodities when discussing their value. To a certain extent, the sale of blind boxes is Part of the price includes the 'uncertainty' of knowing the specific product before opening, and in terms of its commodity properties, the unopened blind box and the unsealed blind box belong to two different situations." Ding Xueming pointed out that this situation corresponds to Article 25 of the Consumer Rights Protection Law stipulates that according to the nature of the commodity and the consumer confirms that it is not suitable to return the commodity at the time of purchase, the return without reason is not applicable.

  "But from the perspective of protecting consumers' rights and interests, blind box products cannot be blindly applied, and the 7-day unreasonable return system cannot be applied across the board." In Ding Xueming's view, if the product is no longer "uncertain", it has essentially been If it does not belong to blind box sales, Article 25 of the Consumer Rights Protection Law does not apply.

  "It's really unreasonable to ask for a return if you haven't bought your favorite blind box style. However, if the all-inclusive and full-set purchase incentives are fixed, and the consumer does not use it, it will not affect the secondary sales, and you can return it within 7 days for no reason. Yes." Chen Yinjiang believes that such a provision is a further refinement of the Consumer Protection Law, which will have some practical effects on reducing disputes and safeguarding the legitimate rights and interests of consumers.

  However, in actual sales, there is still a certain degree of randomness in the "full package" and "full set" blind boxes.

Take a set of IPs with 12 complete images plus a hidden model as an example. Generally, the "full set" only contains 12 of them, and the probability of the hidden model appearing is still 1/96 or 1/144, which may not appear in the "full set". the whole set".

  "Now, in order to hype some rare hidden items, some scalpers will use weighing or shaking to determine what products are inside. If the all-inclusive blind box allows no reason to return within seven days, they may use some means. Find the hidden model, then replace it with a common model and return the product to the manufacturer." Wang Chunxia raised her concerns.

  In her opinion, on the one hand, manufacturers will take a lot of time to process returns, and on the other hand, the probability of real users drawing hidden funds will be compromised, which is actually an infringement on the rights and interests of ordinary consumers.

"Is the 'all-inclusive' here the so-called 'end box'? So how to define the 'all-inclusive' and the 'full set', the opinion draft may need to be clearer."

  China Youth Daily China Youth Daily reporter Li Ruoyi trainee reporter Zhao Anqi Source: China Youth Daily