When I first saw Li Jiahang making eyebrows and drawing eyes in the live broadcast room, and trying to recommend lipstick, makeup, facial mask, and perfume to female fans, I felt very fresh and surprised. My friends around me curled their mouths and said: “It’s not a secret for male stars to make up.”. After watching the live broadcast for several days, I also accepted it. After all, everyone has a love of beauty. I bought and used the lipstick recommended by him, which was really praised by my colleagues.

But when I saw Li’s endorsement of women’s underwear and Su Bingtian’s recommendation of special products for pregnant mothers, I was not calm. Since ancient times, men and women have been different. This time, I felt a certain discomfort from the bottom of my heart. As a legal worker, I think it is necessary for me to say something about male stars endorsing female products from a professional perspective.

First of all, the substantive prior use or acceptance of services is the basic legal obligation of the spokesperson.

Article 38 of the Advertising Law of China stipulates that: “When advertising endorsers recommend and certify goods and services, they should be based on facts, conform to the provisions of this Law and relevant laws and administrative regulations, and may not recommend or certify goods or services they have not used or received.” “Never use a product or accept a service” is not allowed to speak on behalf of the spokesperson. This is the basic obligation of the spokesperson to speak on behalf of the product or service. It is also the specific application of the principle of good faith in the Advertising Law and the Consumer Protection Law. In other words, the advertising spokesperson needs to use goods or receive services before recommending and proving. When using goods or receiving services, the advertising spokesperson shall confirm that the goods used or the services received are consistent with the advertising.

Li Jiahang applied facial mask, sprayed perfume, and painted makeup, although some of them were “sexy”, they still had realistic operability. As long as the scale was appropriate, It does not necessarily violate the rule that “no product has been used or no service has been received”. But Li Sheng tried on female underwear… This picture is very indecent, and it also violates the real feelings and basic common sense of ordinary women It is suggested that the spokesperson should keep a written record of the use of goods or the receipt of services as a proof of later confirmation of the performance of relevant legal obligations. Do not know how Christmas always fulfills the statutory obligation of prior use? How to save the usage records?

Therefore, when male stars are endorsing women’s products, they should think about whether they can actually use the product or accept the service based on their own conditions. After they think it out, they can’t wait.

Secondly, stars“ ×× The identity of the “experience officer” cannot change the identity of the advertising spokesperson

Su Shen, as a product experience officer, recommended and certified the products of a pregnant mother, indicating that the advertiser or Su Shen had studied the Advertising Law, but unfortunately the research was not thorough enough. The Advertising Law of our country has said before: the term “advertising spokesperson” as used in this law refers to a natural person, legal person or other organization other than the advertiser who recommends and certifies goods and services in his own name or image in advertisements. The basic feature of advertising with a spokesperson is that “advertising with one’s own image and independent personality” is different from other forms of advertising. Therefore, even in other identities that are not well known to the public, such as“ ×× The identity of the “experience officer” can not change the identity of the advertising spokesperson. No matter how much the advertiser “ranks as an official” for Su Shen, he cannot change his identity as the spokesman. Therefore, if Su Shen is unable to substantially use the products of pregnant mothers due to his own conditions, he who still speaks for her will be suspected of violating the Advertising Law.

Then, if it is really difficult to give up, can Su Shen invite his wife to act as the “product experience officer” and recommend himself as the “product recommendation officer”? I think this is a matter of different opinions. In my opinion, our culture can accept that “one person becomes a star, the whole family becomes famous”, and fans will love me and my family. As long as Su Shen and his wife have had a real experience in advance, and there is evidence that the experience results are consistent with the advertising, such endorsement can be allowed by law.

As a new advertising gimmick, male stars or public figures are increasingly sought after by advertisers to endorse women’s products or services. However, endorsement activities are not only commercial acts, but also have cultural and social impacts, which can guide and model the public, and also affect the reputation and value of public figures.

Therefore, it is suggested that male stars and their brokerage companies should actively fulfill their social responsibilities when endorsing women’s products or services, improve their cultural and spiritual taste, display the civilization of the new era, transfer positive energy, resist the bad atmosphere of falsehood, ugliness and vulgarity, and establish a healthy image of being truly positive, sunny, positive and law-abiding for fans.

Lawyer Lu Xiaoqing

Partner of Shanghai Zhonghua Law Firm. Since 2014, he has mainly engaged in civil and commercial affairs, marital inheritance, corporate law and other matters.