China News Service, Beijing, November 9 (Wang Shiyao) Recently, some netizens took a photo of an in-store slogan at a store of the snack chain brand "Snacks Youming", which sparked heated discussions on the Internet. The photo shows that the "warm reminder" posted in the store reads: "Those who buy cigarettes will be given priority at checkout" and "Guaranteed to be genuine cigarettes, and you will be compensated for fake ones". The words "Smoking is harmful to health and it is prohibited to sell cigarettes to minors" are printed below. It is worth noting that right above the slogan is the 12315 complaint reporting hotline.
Why does a seemingly ordinary store reminder cause controversy? Some netizens questioned why consumers who buy cigarettes can check out first when they are clearly at the front? Some netizens believe that merchants are using checkout preferential treatment to attract traffic to cigarette sales and linking product profits, checkout speed and service priority.
Pictures are taken from social networking sites.
So, is it reasonable for merchants to set up a "priority checkout" rule for cigarette purchases? Is it illegal to "guaranteed genuine cigarettes, and compensate you 100 for fake ones"? Focusing on several issues that consumers are concerned about, the reporter interviewed Chang Sha, a partner and lawyer at Beijing Jingdu Law Firm, for legal interpretation.
"Priority for buying cigarettes" is difficult to directly determine as illegal. Tobacco promotion and publicity carries legal risks
Chang Sha pointed out that it is difficult to directly identify the violation by looking at the words "Priority Checkout" alone; but looking at the entire slogan together, it promotes cigarettes in a promotional nature and is suspected of violating the tobacco advertising ban under the Advertising Law. This is the real legal risk of this slogan.
She explained that "those who buy cigarettes have priority in checkout" belong to the scope of service rules set by operators. The law does not explicitly require merchants to strictly follow the order in which consumers arrive at the store for checkout, and service arrangements such as priority for members, senior citizens, and military personnel are also common in daily operations. Therefore, "Priority checkout when buying cigarettes" may only link the sorting criteria to product profits, which looks ugly, but it is not enough to determine that merchants have infringed on consumer rights.
But the problem is that in this slogan, "Those who buy cigarettes get priority at checkout" directly link the purchase of cigarettes with preferential services, while "Guaranteed genuine cigarettes, and you will pay 100 for fake ones" strengthens consumers' trust in cigarette products through quality promises. Whether the combination of the two contents exceeds the scope of general product information tips and service rules and has tobacco promotion attributes, it deserves further inspection by the regulatory authorities.
Netizens said they had called 12315 to provide feedback. Pictures from screenshots of social networking sites
Article 22 of the "Advertising Law" clearly stipulates: "It is prohibited to publish tobacco advertisements in mass media or public places, public transportation, or outdoors." Retail stores are public places. "Guaranteed genuine cigarettes, and you will pay 100 for fakes" is a typical quality promise promotional slogan, and "Those who buy cigarettes will be given priority at checkout" is a traffic-driving slogan. The combination of the two has gone beyond the scope of product display and clear price tags. It is a promotion of tobacco products and is suspected of constituting illegal tobacco advertising.
Of course, merchants may also argue that this is just an in-store service rule and does not constitute advertising. However, this reminder comes with preferential conditions for purchasing cigarettes and a promise of quality promotion. It already has marketing and traffic-draining attributes, and there is a risk of being identified as a disguised tobacco advertisement.
The promise of "guaranteed genuine cigarettes, and compensation of 100 for fake ones" is not illegal. Operators voluntarily make compensation commitments that are higher than the legal standard. According to the spirit of the rules established in Article 10 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Online Consumer Disputes (1)", once consumers buy counterfeit cigarettes, they can directly claim compensation according to the commitment. However, if this slogan is first ordered to be removed because it constitutes a tobacco advertisement, the promise will be out of the question.
If consumers don’t buy cigarettes, will they have to wait in the queue?
In addition to the issue of tobacco advertising, many netizens are more concerned: If consumers don’t buy cigarettes, will they have to wait at the back of the queue?
Chang Sha emphasized that the checkout sequence is within the scope of independent management by operators, and merchants have the right to set queuing rules; a simple "priority" slogan cannot be said to infringe on consumer rights, but the boundary of the rules is "fair and reasonable."
Some netizens believe that cigarettes are highly profitable and the checkout speed for single products is fast, so it is reasonable for merchants to set priority rules.
If a store only sets rules for cigarette buyers to check out first, other consumers can still line up and check out normally, which is usually difficult to directly identify as infringing on consumer rights.
However, if a merchant deliberately delays the checkout time for consumers who do not buy cigarettes in actual operations, or even refuses or refuses to provide normal services in disguise on the grounds that the consumer has not purchased cigarettes, it may be suspected of violating the provisions of the Consumer Rights Protection Law on "not setting unfair or unreasonable transaction conditions."
Some netizens believe that checkout channels for small items can be set up instead of just opening a "priority channel" for cigarettes.
In-store slogans do not require prior approval, and complaints must be directed to the right department
So, does a business need to be reviewed by the relevant departments when posting such slogans in stores?
Chang Sha pointed out that internal slogans in stores generally do not require prior administrative approval, and "it can be done without prohibition by law." However, the lack of review does not mean that there is no responsibility. Illegal content will still be investigated and dealt with, so complaints should be directed to the right department.
For consumers, if they find similar problems, they can report them to the relevant departments according to the specific circumstances.
If you believe that a store is suspected of publishing illegal tobacco advertisements, you can report it to the market supervision and management department and call the 12315 hotline; if it is suspected of selling cigarettes in violation of regulations, such as operating tobacco without a tobacco monopoly retail license, selling cigarettes to minors, setting up illegally around schools and kindergartens, etc., you can report it to the tobacco monopoly administrative department; if it involves general consumer disputes or price disputes, you can also report it through 12315 or 12345.
Chang Sha suggested that when making a complaint, consumers can take a photo of the slogan in advance and record the store name, specific address and relevant business information; if they buy fake cigarettes, they can directly claim compensation as promised with the photo of the slogan "Guaranteed real cigarettes, compensate 100 for fakes" and the shopping receipt. If the negotiation fails, complain to 12315 or file a lawsuit in court. (over)
