The lawyers all said that the act of staging false slimming clips at slimming centers may be considered for signs of deceiving customers according to the Penal Code˳
On March 28, right after the article “Fat loss is still… fat”, many readers who were customers at Americare High-tech Slimming Center (Phu Nhuan District, Ho Chi Minh City) thought that they were victims of advertising˳ on false slimming clips˳ “They took advantage of the influence of artists, creating untrue clips to advertise and entice customers,” one victim said˳
Misleading advertising is against the law
Lawyer Nguyen Van Hau – deputy chairman of the Ho Chi Minh City Bar Association – affirmed that advertising for cosmetic procedures is classified as an advertisement for medical examination and treatment services˳ When advertising needs to meet the correct conditions according to the regulations on advertising, especially, there must be no prohibited acts in Article 8 of the Law on Advertising 2012 such as unsightly, discriminatory, incorrect or misleading˳ …
For advertising content of medical examination and treatment services, it is necessary to show exactly the provisions of Article 9 of Decree 181/2013/ND-CP on the name and address of the establishment where it is licensed to operate; the scope of professional and technical activities stated in the operation license or practice certificate˳ Ambiguous clips that only express the opinions of the experiencer (without treatment) may cause misunderstandings and affect the community˳
According to lawyer Hau, depending on the behavior and nature of the violation, the establishment that posts these advertising clips may be considered and fined from 20 to 25 million VND˳ At the same time, they will be deprived of the right to use the license of medical examination and treatment for 1 – 3 months, forced to remove and delete infringing advertisements˳
Violations of advertising content will be fined from 15 to 20 million VND, and be deprived of the right to use the license for 1-3 months˳ Acts of advertising without operating licenses or certificates of medical examination and treatment practice will be fined from 30-40 million VND˳
There are signs of fraudulent behavior
Lawyer Doan Quoc Viet – Ho Chi Minh City Bar Association – said that the act of using a slimming clip is not true (hiring actors) at Americare clinic and Korea Aesthetic Institute˳ Youth mentioned above have clarified the tricks of deception for the purpose of attracting customers˳ From these acts, according to him, the authorities may consider investigating signs of deceiving customers according to the Penal Code˳
Sharing the same opinion, lawyer Le Trung Phat – Ho Chi Minh City Bar Association – also affirmed that the content of the staged and publicly posted slimming clip was determined to be misleading and untrue advertising˳
Not to mention, the use of clips, false information to advise and commit to customers but the results are not as expected, there are signs of deceiving customers˳ “In order to protect their rights and hold these centers accountable, I suggest that victims speak up and report to the police,” said lawyer Phat˳
Regarding this thread, talk to Youth Online, The leader of Phu Nhuan District People’s Committee said that the District Health Department has coordinated with the Inspector of the Ho Chi Minh City Department of Health to inspect the Americare clinic˳ However, at the time of inspection (March 27), the owner of this center was not present˳ It is known that today (March 28) representatives of this center went to the Department of Health of Ho Chi Minh City to work˳
Leaders of Phu Nhuan District People’s Committee also confirmed: “Americare clinic has not registered any activity information with the locality”˳ Meanwhile, according to information from the Department of Health of Ho Chi Minh City, at the address where this center operates, the unit only licensed two specialized dermatology and rehabilitation clinics˳ However, one of these two clinics has ceased operations˳
Source link: https://cocc˳edu˳vn/cac-luat-su-noi-clip-giam-beo-lua-khach-dai-dien-americare-clinic-da-len-so-y-te-lam-viec-20230328181828312˳htm