Li Ke Tai Tai Fined for Advertising Medical Product|開箱文違法 理科太太.廠商各罰20萬


Internet celebrity Li Ke Tai Tai recently collaborated with local company SOFIVA Genomics and promoted their product that allows users to test for cervical cancer at home. The video violates a number of regulations, since the company isn't a pharmacist and the product is categorized as a special purpose product with medical function. The Taipei City Department of Health ruled that the advertisement has violated the Pharmaceutical Affairs Act and has fined SOFIVA Genomics and Li Ke Tai Tai NT$ 200,000 each. This makes Li the first internet celebrity to be fined.


Internet celebrity Li Ke Tai Tai recently published a video that promotes a product from SOFIVA Genomics that allows users to test for cervical cancer at home. The video involves a product with medical purpose and has affiliate link to the company's website. After investigation, the Taipei City Department of Health decided the advertisement has violated articles in the Pharmaceutical Affairs Act and has fined Li Ke Tai Tai and the company NT$ 200,000 each.

The company (SOFIVA Genomics) actually knows that the sale of a medical device requires a permit, but it didn't know its advertisement needs permit as well. Therefore, although the product has no quality issue, it's wrong to advertise it without applying for a permit first.

The Taipei City Department of Health said that, last Friday, SOFIVA Genomics and the manager of Li Ke Tai Tai collaborated with their investigation and presented a formal contract that prove their collaborative relationship. However, SOFIVA Genomics is not a pharmaceutical company and it is not allowed to advertise medications and medical devices. The content of such advertisement, including its literature and images, all must be approved by the city's department of health before the ad can be published. Though the product can be legally sold, the advertisement has violated the law. The department of health therefore decided to fine the company and the internet celebrity NT$ 200,000 each.

Li Ke Tai Tai has talked about her experience using the product in the video. According the explanation from the central government, if one explains the purpose of an advertisement, and the content is aimed at unidentified audience or media, then the action constitutes advertising.

The Taipei City Department of Health said that it has asked Li Ke Tai Tai to remove the video last week, and will mail her the verdict next Monday. The department also reminds the public that self-testing of cervical cancer might not yield accurate results, and that those who are unsure about their condition should get tested at hospitals.



知名網紅「理科太太」在網站播出「子宮頸癌自我篩檢開箱文」影片,內容提到,慧智基因公司及一分鐘子宮頸癌自我採檢等工具,涉及特定產品名稱及醫療效能,還可連結到慧智基因公司網站,經北市衛生局調查後,認定違反藥事法,將裁處廣告主「慧智基因」公司20萬元。

北市衛生局食藥科參議兼代科長 王明理表示:「它(慧智基因)其實是知道這是醫材是要有許可證字號,但是它不知道廣告要申請,所以產品的品質是沒有問題,但是廣告沒有申請就是不對。」

衛生局表示,上週五慧智基因公司和理科太太經紀人已主動到案說明,並提供雙方合約授權書,認定雙方有廣告合作關係,但因非藥商不得廣告藥品及醫療器材,而且廣告刊播前,需將所有文字、圖畫或言詞送衛生單位審查,核准才可刊播。雖然這項產品是合格,但慧智基因公司不具藥商資格,因此連帶處罰產品薦證代言人「理科太太」20萬元。

北市衛生局食藥科參議兼代科長 王明理表示:「因為理科太太有提到說,我用了這個產品,我的感覺是如何?這個部分,其實函釋中央的函釋有提到,如果你幫產品使用了去做說明,然後訴諸不特定的對象,訴諸媒體,這部分其實就是代言跟薦證。」

衛生局強調,上週已要求業者將違規影片下架,裁罰書週一就會開立寄出,同時也提醒民眾,子宮頸癌篩檢、單靠自行檢測恐怕不夠精準,建議有疑慮還是進一步到醫院做抹片檢查。

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