Can criminal liability be prosecuted?

Ambiguous information

Advertising Kera vegetable candy on livestream, Quang Linh Vlog said "1 pill is equal to a bunch of vegetables". Responding, Miss Thuy Tien also said: "Just eating 2-3 pills a day can supplement fiber for a normal person, very convenient"...

Kera vegetable candy hype advertisement (screenshot).

According to Kera Vietnam (results from Avatek UDKH Testing and Consulting Center), each Kera vegetable candy contains 2 types of fiber: Inulin fiber and fiber from vegetables and fruits. Accordingly, the Inulin fiber content in KERA vegetable candy is 186mg/tablet. In addition, 100g of Kera vegetable candy contains 0.935% fiber from vegetables and fruits (according to information provided by Asia Life factory - Kera candy factory). Thus, the total fiber content from vegetable powder and Inulin fiber (a type of soluble fiber) in 1 Kera vegetable candy is more than 200mg (0.2g) of fiber. In addition, vegetable candy also contains vitamins A, B6, B12, and maxicuma (40% curcumin).

However, according to the results of the Technical Center for Quality Measurement Standards 2 (Quatest 2) (consumers sent Kera vegetable candy samples for testing), there is 0.51g of total fiber content in 100g of product. Thus, a vegetable candy only contains about 0.016g of fiber.

With the above results, according to Associate Professor Nguyen Trong Hung, National Institute of Nutrition (Hanoi), a 3.2g candy with 0.016g of fiber cannot have the same amount of fiber as a plate of vegetables as advertised. Moreover, if you eat vegetable candy to provide enough fiber for the body, it can lead to weight gain and obesity, because the total kcal of a 96g box of candy is about 300kcal, while 100g of vegetables is only 50-70kcal. In addition, the sugar content in a box is 71.7g, while the recommendation of the World Health Organization is 25g of sugar/day. Eating candy with enough fiber causes nutritional imbalance, going against the recommendations of the health sector.

Before the explosive advertising controversy about Kera vegetable candy, the Department of Food Safety of the Ministry of Health requested the Department of Health of Dak Lak province to inspect the manufacturer of this product, ASIA LIFE Joint Stock Company, and the Department of Food Safety of Ho Chi Minh City to inspect the Sisters of the Basket Group Joint Stock Company.

Notably, the representative of ASIA LIFE informed that this company does not have a farm or vegetable garden, but only a production line. The two sides officially cooperated from November 2024. Sisters of the Basket Group Joint Stock Company only ordered the production of a single product, Kera vegetable candy, the entire formula to create the product was provided by CER. To date, the factory has handed over to CER about 40,000-50,000 boxes of Kera vegetable candy.

However, looking back at the promotional information for the production of Kera vegetable candy by CER, many people recalled the image of Thuy Tien, Quang Linh Vlog, and Hang Du Muc together experiencing the lush green vegetable garden, the raw materials for producing Kera candy. Once again, public opinion raised questions about the transparency of the origin of the raw materials for producing Kera vegetable candy (?).

Also related to Kera vegetable candy, there is information about a product with similar appearance and uses appearing on the Chinese market with a selling price only 1/5 of the price of Kera (?)

CER's promotional image visiting the raw material area for Kera vegetable candy production (screenshot).

Many times "explosive" advertising

Before Kera vegetable candy, Hang Du Muc also advertised blueberry lutein ester eye candy to help reduce eye strain on social networks. According to Hang Du Muc's advertisement, consumers only need to eat 2 candies a day to prevent myopia, avoid increasing the degree, good for people working on computers, exposed to blue light and the elderly with cataracts. During the livestream sales session, Hang Du Muc said that the lutein content in 1 candy is 5mg equivalent to 12kg of blueberries. Each bottle of 60 candy pills costs 125,000 VND, equivalent to 2,000 VND/candy.

According to medical experts, lutein is an antioxidant that prevents free radicals, found in the carotenoid group, which is good for the eyes. This is a nutrient found in the cells of many plants, creating bright colors such as bright red, orange and yellow of fruits and vegetables.

The recommended dose of lutein for an adult is usually 6-10 mg/day to support eye health and prevent aging. Preventing macular degeneration and cataracts: 10-20 mg/day. People at high risk of eye diseases (elderly people, people exposed to a lot of blue light): 20 mg/day.

Some foods that contain high amounts of lutein include 100g spinach: 12 mg; 100g kale: 11 mg; 100g corn: 2 - 3 mg; 1 egg yolk: 0.2 - 0.5 mg; 100g butter: 0.3 mg. Therefore, you do not need to eat up to 12 kg of blueberries...

In addition, many people also found an item that was "exactly" similar to the blueberry lutein ester eye candy product that Hang Du Muc advertised, sold for about 70,000 VND compared to the price in Vietnam of 170,000 VND/box.

Sorry is not enough

Miss Thuy Tien participates in Kera vegetable candy advertisement (screenshot).

Speaking to Giao thong Newspaper reporter, Lawyer Dang Van Cuong, Hanoi Phap Chinh Law Office said: From a legal perspective, false advertising is an illegal act, so the person who commits this act will have to bear legal responsibility, not just make a mistake and apologize. False advertising by any organization or individual will cause consequences in the business environment, disrupt the business market, and affect the rights of consumers.

For celebrities, false advertising is aiding and abetting counterfeit, fake, poor quality goods and commercial fraud activities. This behavior will cause a lot of damage to society, to consumers and especially to their fans; therefore, legal responsibility will be imposed more strictly than other violations.

Mr. Cuong emphasized that the 2012 Advertising Law, amended in 2018, has quite complete and detailed regulations on prohibited acts in advertising, including the prohibition of false advertising. Acts that exaggerate the value, effects, and uses of a product are considered false advertising, and those who commit this act may be subject to administrative sanctions or criminal prosecution.

The act of advertising candy with exaggerated useful values, using personal reputation to create trust with inaccurate information is prohibited by law. According to the provisions of Clause 9, Article 8 of the Law on Advertising, false advertising is advertising that is incorrect or misleading about the business capacity, the ability to provide products, goods, and services of organizations and individuals trading in products, goods, and services; about the quantity, quality, price, uses, design, packaging, brand, origin, type, service method, warranty period of products, goods, and services that have been registered or announced. This is one of the prohibited acts in advertising activities. Because false advertising is a prohibited act, an act that violates the law, the person who conducts false advertising will be subject to sanctions, in case of causing damage, he/she will have to compensate for the damage according to the provisions of law.

Sanctions for false advertising are administrative sanctions, with fines of up to VND 80,000,000 for individuals and up to VND 160,000,000 for organizations. Illegal profits will be confiscated and additional penalties may be applied according to the provisions of law.

If you have been administratively fined and still violate or have been convicted and have not had your criminal record expunged and still violate, you will be prosecuted for the crime of false advertising under Article 197 of the Penal Code.

In case of false advertising leading to consumers misunderstanding and entering into contracts leading to illegal profits of VND 5,000,000 or more, the person committing this act may also be prosecuted for criminal liability for deceiving customers according to the provisions of Article 198 of the Penal Code with the highest penalty for this crime being up to 5 years in prison...

Source: https://www.baogiaothong.vn/lua-doi-nguoi-tieu-dung-khong-phai-cu-xin-loi-la-xong-192250308171457536.htm