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Back益生菌能治自闭症?主播夸大疗效被处罚,法院判了
益生菌能治自闭症?主播夸大疗效被处罚,法院判了
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中国新闻网1 hour agoLaw3 min readChinaView translation

益生菌能治自闭症?主播夸大疗效被处罚,法院判了

北京互联网法院审结一起网络服务合同纠纷,明确直播夸大医疗功效构成虚假宣传

Quick Look

北京互联网法院近日审结一起网络服务合同纠纷。主播李某在直播带货时宣称茶叶和益生菌能治疗自闭症、耳鸣及护眼,遭平台永久关闭商品分享功能。法院审理认为其构成虚假宣传,判决驳回原告诉讼请求。

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Why It Matters

北京互联网法院近日审结一起网络服务合同纠纷,涉案主播因在直播带货中虚构商品医疗功效被平台封禁商品分享功能。

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中新网北京11月11日电(记者 刘越)“喝茶能护眼、改善耳鸣,益生菌还能治自闭症?”面对直播间里这样的承诺,消费者可得留个心眼。北京互联网法院近日审结一起网络服务合同纠纷,明确在直播带货中夸大、虚构商品医疗功效构成虚假宣传,平台依约关闭商品分享功能并无不当。

案情显示,原告李某在某科技公司运营的平台开通直播账号,带货销售茶叶、益生菌等商品。直播中,李某多次明示、暗示这些产品具有治疗自闭症等疾病的功效,还用话术把茶叶包装成“能养护眼睛、改善耳鸣的养生利器”。平台此前已多次因虚假宣传对其警告,并明确告知违规内容,但李某仍持续违规。平台遂永久关闭其商品分享功能。李某主张自己系如实介绍,处罚不具正当性,诉请恢复账号功能。

法院认为,原告将茶叶、益生菌等非医疗用品与治疗近视、耳鸣乃至自闭症等功效相关联,使消费者误以为所购商品具有医疗作用,平台认定其存在“虚假宣传”并无不当。原告曾多次因发布虚假宣传信息受到处罚,引发大量用户投诉,已造成严重不良影响,情节严重,平台作出相应处罚并无不当。最终,法院判决驳回原告诉讼请求。

“直播内容的真实性,是平台经营秩序与消费者信赖的重要组成部分。”法院指出,夸大甚至虚构商品医疗功效,既可能误导消费者作出错误购买决定、延误正常诊疗,又让违规者凭虚假卖点获取竞争优势。此案提示网络主播:如实介绍商品功效是底线,虚假宣传终将付出代价。

Open Questions

  • 涉案科技公司的具体名称是什么?
  • 原告是否会提起上诉?

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This article was originally published by 中国新闻网.

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