The Nature of the Celebrity Endorsement Advertising and the Assumption of the Liability:Also a Comment on the Article 8 of the Tort Liability Law of China
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    Abstract:

    The enactment of the Food Security Law doesn’t solve the problem of celebrity false endorsement. Celebrity spokesman employs contractual relationship with employer but not with consumer. The consumers can not get remedy through contract law when they suffer damage or loss from the false advertising. Many countries or districts list celebrity spokesman as the subject of the advertising legal relationship and provide that celebrity spokesmen has duty of care to consumers. Although there is a deficiency of the legal system on celebrity spokesmen’s activity in China, precise application of the article 8 of the tort Liability Law within the framework of the fundamental principle of the civil law can still provide strong remedy for the consumer.

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吴雪燕.明星代言广告的法律性质及责任承担——兼评中国《侵权责任法》第8条[J].重庆大学学报社会科学版,2010,16(2):109~114

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  • Received:January 11,2010
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