Blind box products such as figures, building blocks, and statues are popular——
Trendy play has a trendy taste, and development must be regulated
In recent years, some trendy products based on animation, film and television dramas, original characters, etc., with a high degree of simulation in appearance and function, and fine workmanship have been favored by young consumer groups.
"Chaowan" is led by "blind box", and its products include figures, building blocks, statues and other categories, and it has become one of the most popular words in the emerging consumer market.
The "2021 China Trendy Toy Market Development Report" released by the Chinese Academy of Social Sciences predicts that the scale of China's trendy toy economy market represented by blind boxes will reach 47.8 billion yuan in 2022.
However, with the rise of the trendy play market, chaos such as false publicity, over-marketing, and uneven product quality has gradually emerged.
Not long ago, the State Administration for Market Regulation issued the "Guidelines for the Standardization of Blind Box Business Activities (Trial) (Draft for Comment)" to set a "red line" for the development of the industry.
Experts believe that this regulation will effectively combat the chaos in the industry and make the trendy play market develop healthier and orderly.
The probability of the hidden lottery draw should be publicized
Xiao Wang from Beijing is an out-and-out "blind box lover". He has a display cabinet at home, which is densely filled with various blind box dolls.
"I bought hundreds of blind boxes back and forth, and it cost a lot." Xiao Wang told reporters.
Xiao Wang still remembers the experience of buying a blind box for the first time: When he was shopping in the mall, Xiao Wang was attracted by the mermaid on the cover of the blind box. He bought seven or eight blind boxes in a row, but he couldn't get the doll he wanted.
"Since then, I have fallen in love with drawing blind boxes. On the one hand, I like the unknown feeling brought by drawing blind boxes, and on the other hand, it will be a sense of accomplishment to collect a series of dolls."
Xie Yi, a professor at the Marketing Department of the International Business School of the University of International Business and Economics, told reporters that the marketing strategy of blind box merchants is to make consumers' purchase results uncertain by setting probabilities, and stimulate consumers to seek novelty, change, and novelty-seeking consumption. psychology.
Some consumers are willing to pay for blind boxes.
"It's not easy to collect a complete set of dolls." Xiao Wang said that generally a series of blind boxes has about 10 dolls, including one or two hidden dolls.
To win a hidden doll requires the purchase of dozens of blind boxes on average, and some popular series require the purchase of nearly a hundred blind boxes to be drawn.
When asked what the specific probability of winning the hidden money was, Xiao Wang couldn't tell.
Opaque probability creates room for some to profit.
"Sometimes merchants will secretly increase the price and sell me some hidden items, and sometimes I will buy them at high prices from the second-hand market." Xiao Wang said.
How big is the premium?
The reporter browsed on a blind box trading website and found that a blind box with an original price of 89 yuan was priced at 2099 yuan.
There are also some hidden models with premium rates ranging from 700% to 1400%.
Miao Qingqing, a lawyer at Beijing Zhonglun Law Firm, told reporters that sellers sell blind boxes at a higher price than the marked price, which damages consumers' right to know.
If consumers fall into the wrong perception of the value of blind boxes or even buy low-value products at high prices, it will damage consumers' right to fair trade.
"The hidden items in the blind box have a sense of mystery and scarcity. Consumers want to own hidden items, partly out of the psychology of 'what others don't have'." Xie Yi said, "In addition, due to the hidden items in the lottery The probability is lower and opaque, which makes consumers look forward to the results before opening the box, and stimulates consumers' willingness to buy."
At present, blind boxes have gradually become the main marketing model of Chaowan.
In order to further regulate the trendy play market, in accordance with relevant laws and regulations, the State Administration for Market Regulation recently issued the "Guidelines for the Standardization of Blind Box Business Activities (Trial) (Draft for Comment)" (Draft for Comment) to solicit public opinions.
Compared with ordinary commodities, blind boxes have a strong information asymmetry, and consumers are easily misled by merchants who exaggerate the value of commodities and fabricate the probability of winning prizes.
In this regard, the draft for comments proposes that blind box operators should publicize key information such as product names, types, styles, extraction rules, delivery quantities, hidden payment extraction probability, and value ranges in a prominent manner to ensure that consumers know before purchasing .
Blind box operators are not allowed to change the drawing results through background manipulation, adjust the drawing probability at will, etc. to induce consumption in a disguised manner.
Blind boxes shall not be sold to minors under the age of 8
When it comes to blind boxes, Mr. Liang from Xi'an, Shaanxi shook his head.
"My 7-year-old child is out of control after buying the blind box." Mr. Liang said, "He often pesters me to buy it. I know that buying blind boxes will be addictive, so I seldom buy it for him. But sometimes I just can't resist. I will also buy some for him.” What annoyed Mr. Liang even more was that his child secretly used the New Year’s money to buy blind boxes, “It cost about 1,000 yuan, and it was too late when I found out.”
"Compared with adults, teenagers' consumption psychology is more open and curious." Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, told reporters, "Blind boxes are popular among teenagers, partly because blind box merchants have used them to a certain extent. The curiosity of teenagers and the psychology of exploring the unknown."
Xie Yi believes that blind boxes are favored by children because children's ability to distinguish is relatively low. Blind boxes also have social attributes, and are used by some children as an "entry ticket" to enter a social circle.
"Children buy blind boxes for the purpose of showing off to their peers." Xie Yi said, "Some teenagers even compare the number and style of blind boxes."
Article 21 of the draft for comments stipulates that blind box operators shall not sell blind boxes to minors under the age of 8.
When selling blind box products to minors aged 8 and above, it is necessary to confirm that the consent of the relevant guardian has been obtained through sales site inquiries or online identification.
At the same time, blind box operators should remind minors aged 8 and above in a prominent way that they should obtain the consent of the relevant guardians to purchase blind boxes.
Encourage relevant local departments to introduce protective measures to specifically regulate the blind box sales model around primary school campuses, including distance and content.
After the introduction of the new regulations, the reporter searched the online flagship store of a blind box and found that although "applicable age: 15 years old and above" was marked in the "product information" column of the product, there was no need to enter any information during the purchase process. age information.
When I asked the customer service of the online shop "Can children under the age of 8 buy it", the answer I got was only "Our products are generally suitable for people over the age of 15".
Chen Yinjiang, deputy secretary-general of the Consumer Rights Protection Law Research Institute of the China Law Society, said that the words "suitable for people aged 15 and above" marked on the packaging of most blind box fashion products are more like "disclaimer clauses" by merchants. ", once a consumer questioned that the product was not suitable for minors, the merchant argued that it had clearly indicated it on the package.
Therefore, strict mandatory standards should be established from product production to sales, which must be strictly followed in the process of online and offline sales, and violators should be severely punished.
This can not only draw a red line for the enterprise, but also allow the regulatory authorities to follow the law and avoid being mere formality.
Chu Zhaohui believes that in addition to improving the legal system, companies must also raise awareness of the protection of minors.
Product manufacturers have the responsibility to provide the society with commodities that conform to the correct value concept, and should not simply pursue economic interests, regardless of the potential negative impact that the product may bring to minors.
Realize the whole process management in the production process
Blind boxes for pets, blind boxes for vegetables, blind boxes for stationery... Recently, the marketing methods of blind boxes have spread from trendy games to other fields. There are more and more types and forms of blind boxes, and even "everything can be blind box".
This practice has attracted more and more complaints from consumers.
"I found that as long as it is an item that can attract consumers, it can be 'blind box', and even some unsalable products follow the style of blind box. I think this is stigmatizing the field of trendy games." Xie Ruolin, a trendy game enthusiast, said .
"The phenomenon of 'everything can be blind box' is because the marketing method of blind box is low investment and high return for merchants. Merchants do not need to invest a lot of extra cost to set up blind box, but it can stimulate consumers' desire to buy and thus Increase profits." Xie Yi said, "On the other hand, the blind box market is developing rapidly. If the supervision does not keep up with it in time, it will provide opportunities for some unscrupulous businesses."
In terms of price, the draft for comments clarifies that blind box operators should clearly mark the price of goods or services provided, and the price of blind box goods should not be too different from the price of homogeneous and similar non-blind box sales.
In response to the phenomenon of "everything can be a blind box", the draft for comments proposes that drugs, medical devices, special cosmetics, toxic and harmful substances, flammable and explosive substances, live animals, food, etc. Commodities with strict requirements on management and other aspects shall not be sold in the form of blind boxes.
Miao Qingqing said that selling live animals in the form of blind boxes is a violation of the "Animal Epidemic Prevention Law of the People's Republic of China" and the "Detailed Rules for the Implementation of the Postal Law". should also be held criminally responsible.
In the future, how to make the trendy play market develop more healthily and orderly?
"The introduction of the new regulations does not mean once and for all." Xie Yi said, "We should actively promote the implementation of the new regulations, and the regulatory authorities should clarify their rights and responsibilities, and realize the management of the whole process in the blind box production process. On the other hand, it is necessary to increase law enforcement. Intensity, so that unscrupulous merchants will be punished as they should."
Miao Qingqing believes that on the basis of summarizing the draft for comments and advanced management experience in various places, national legislation at a higher level and with higher standards can be properly introduced to allow the blind box economy to develop soundly on the track of the rule of law.
"For example, the Consumer Protection Law can set up a special chapter on the sales behavior of 'blind box', and the Minor Protection Law can also stipulate the purchase behavior of minors in the chapter of 'Social Protection'." Miao Qingqing said.
How to let consumers establish a rational consumption concept and avoid falling into the "trap" of blind box merchants?
Xie Yi said that relevant departments should adopt a way that consumers can easily accept for publicity, so that consumers can better understand the essence of blind box sales and the contents of the new regulations, etc., "Especially for young people, we should pay more attention to the form of publicity and guidance. "
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Summary of "Guidelines for Standardizing Blind Box Business Activities (Trial) (Draft for Comment)"
Item 4 of Article 5 Drugs, medical devices, special cosmetics, toxic and hazardous items, flammable and explosive items, live animals, unloaded express shipments, food, etc. have strict requirements in terms of conditions of use, storage and transportation, inspection and quarantine, supervision and management, etc. The products must not be sold in the form of blind boxes.
Article 7 Blind box operators should reasonably determine the price of blind boxes based on production and operation costs and market supply and demand conditions.
Blind box operators shall clearly mark the price of the goods or services provided, and shall not sell the goods at a higher price than the marked price, and shall not carry out illegal acts such as not clearly marking the price in accordance with the regulations, driving up prices, and price fraud.
Article 8 For sales in the form of blind boxes, the cost gap of the same set of goods or services should not be too large.
The price of blind box products should not be too different from the price of homogeneous and similar products sold in non-blind boxes.
Article 9 Blind box operators shall publicize key information such as product names, product types, product styles, extraction rules, product distribution, product quantity, hidden money extraction probability, and product value ranges in a prominent manner to ensure that consumers are buying Know before.
Blind box operators are not allowed to change the drawing results through background manipulation, adjust the drawing probability at will, etc. to induce consumption in a disguised manner.
It is not allowed to refuse or deliberately delay the distribution of blind boxes by means of discount, repurchase, exchange, etc.
Empty boxes must not be set.
Article 10 Blind box operators should establish and improve the product production and operation record system, keep complete records of the selection probability setting and result extraction, and use this as a basis for actual market launch and distribution of blind boxes to consumers.
For online sales, blind box operators should establish a tracking and recording system to ensure that the products picked by consumers are delivered in place and consciously accept supervision.
Relevant records are generally kept for no less than 3 years.
Article 11 Encourage blind box operators to establish a bottom-guaranteed mechanism, and guide rational consumption by setting the upper limit of the withdrawal amount and the upper limit of the number of times.
Encourage blind box operators to voluntarily promise not to hoard goods, not hype, not directly enter the secondary market, and accept social supervision.
Article 12 Blind box operators shall, in accordance with laws, regulations and rules, fully inform consumers of the name, place of origin, producer, executive standard, performance, specification, composition, production date, etc. The basic and necessary information related to the quality of the product, such as the expiration date, use and storage conditions, safety warnings, and "three guarantees" clauses, should be true and accurate.
Article 14 Blind box operators are not allowed to make false or misleading commercial publicity on box drawing rules, drawing probability, sales status, user evaluation, product quantity, product specifications, product quality, service provision methods, etc., to deceive or mislead consumers. By.
Article 17 The operator of the blind box in the first paragraph has fully informed and reminded, and after the consumer confirms, the blind box goods sold in the form of the Internet can be returned without reason within seven days after unpacking.
However, if a complete set of products is sold in the form of an all-inclusive package, and consumers request to return the entire set after unpacking, the operator shall implement the seven-day no-reason return policy for online shopping in accordance with the law.
Blind box operators are not allowed to replace the consumer confirmation process with the default check method.
Article 20 Food operators who use blind box products to carry out promotional activities in the process of food sales and catering services shall abide by the relevant provisions of the "Anti-Food Waste Law of the People's Republic of China".
Catering service operators shall not induce or mislead consumers to order excessive meals.
Article 21 Blind box operators shall not sell blind boxes to minors under the age of 8.
When selling blind box products to minors aged 8 and above, it is necessary to confirm that the consent of the relevant guardian has been obtained through sales site inquiries or online identification.
Blind box operators should remind minors aged 8 and above in a prominent way that they should obtain the consent of the relevant guardian when purchasing blind boxes.
Encourage relevant local departments to introduce protective measures to specifically regulate the blind box sales model around primary school campuses, including distance and content.
(People's Daily Overseas Edition reporter Zhao Hao)