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Company fined for exaggerated cosmetics advertisement

The Department of Health of Taipei City Government (“DOH”) recently found in a magazine a cosmetic advertisement with the content of “……skin luster increased by 95%……melanin decreased by 95%……95% women feel that……”. The advertisement was deemed to be in violation of the Statute for Control of Cosmetic Hygiene (the “Statute”), and the company which ran the advertisement was punished by DOH with imposition of a fine. The company filed an administrative appeal against the penalty, but was dismissed by the Administrative Appeals Commission of Taipei City Government (the “Commission”).
 
According to Paragraph 1 of Article 24 of the Statute, no obscene, immoral, false or exaggerated advertisement may be published or publicized in newspapers, publications, advertising leaflets, or on broadcasting, slides, motion pictures, television and other mass communication media for promoting the sale of cosmetics. Any person violates the foregoing provisions will be subject to a fine of no more than NT$50,000. In addition, the Food and Drug Administration, Ministry of Health and Welfare, Announcement dated September 6, 2016 (Ref. No. Bu-Shou-Shi-Zi 1051607584) stipulates examples of appropriate and inappropriate wordings and sentences in the cosmetics advertisement. In this case, the advertisement involved false and exaggerated wordings stipulated in the aforementioned Announcement. Therefore, the Commission found the penalty imposed by DOH was lawful and the appeal was dismissed accordingly.
 
The Department of Legal Affairs, Taipei City Government reminds that false or exaggerated wordings should not be used in the cosmetics advertisement.