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Fair Trade Commission: DOH is the more appropriate agency to deal with exaggerated drug advertisements ( 2010-07-17 )
Fair Trade Commission: DOH is the more appropriate agency to deal with exaggerated drug advertisements (2010/07/17)
The Consumers' Foundation blamed the Fair Trade Commission for delinquency because the FTC has a tendency to give punishment to broadcasting programs with embedded advertisements according to the Act Governing Food Hygiene and Pharmaceutical Affair Law (PA Law) rather than applies the more stringent Fair Trade Act. The FTC defends its approach by pointing out that special laws are superior to common laws.
The Consumers' Foundation randomly sampled 10 TV-programs and found many with embedded advertisements, bragging about product effects. The Foundation expressed that the Fair Trade Commission tends to shift their administrative responsibility to the DOH, who then gives the punishment according to PA Law (the fine is between NT$0.2m and NT$5m) and the Act Governing Food Hygiene (the fine is between NT$60,000 and NT$300,000). The punishment is lenient, comparing with the Fair Trade Act (the fine is up to NT$25m fine). The Consumers' Foundation hence raised the question about the FTC’s delinquency.
Sun Li-Qun, a member of the FTC, expressed that the FTC understands the points made by the Consumers’ Foundation. In fact, the FTC visited the Consumers' Foundation last week to make clear the FTC's position.
Sun pointed out that according to Article 16 of the Central Regulation Standard Act, special laws are superior to common laws. As the DOH’s special laws are applicable to most cases involving foods and drugs, the FTC has to abide by the law to pass cases to the DOH.
Furthermore, the FTC reckons that the DOH has the expertise and knowledge to deal with food and drug cases.
The Consumers’ Foundation pointed out that the fines imposed by the PA Law and the Act Governing Food and Hygiene are lower than that imposed by the Fair Trade Act. But, Sun Li-Qun clarified that the huge range of fine imposed by the Fair Trade Act is due to a wide range of scope covered by the Act, which includes dishonest advertisement, anti-trust and unfair competition; and it is very unusual to fine million dollars for exaggerated advertisement.
【2010-07-17/ Taiwan Hsin Sheng Daily News】 |
