May, 2016 [ Decisions]

1. When recruiting franchisees, Devil Dessert Co., Ltd. did not fully disclose important franchise information to trading counterparts in writing, such as product and raw material purchase expenses, before contract signature. The conduct was in violation of Article 25 of the Fair Trade Act. Besides ordering the company to immediately cease the unlawful act, the FTC also imposed on it an administrative fine of NT$400,000.
2. When marketing the presale homes of the “Xin Guang Cheng--Fu Ren Xue Ren (transliteration)” housing project, Shu Teng (transliteration) Construction Co., Ltd. and Lian Yi (transliteration) Advertising Co., Ltd. not only failed to provide homebuyers with photocopies of the building license, the site plan, general location map, parking space layout, list of the area belonging to each unit and purchase contract, but also demanded that they pay a deposit to see the contract. The practice was obviously unfair conduct able to affect trading order in violation of Article 25 of the Fair Trade Act. The FTC therefore imposed administrative fines of NT$300,000 and NT$160,000 on the two companies, respectively.
3. Liang Hong Yi (transliteration) Enterprise Co., Ltd., Tai Yi (transliteration) Vermicelli Noodles Enterprises, An Shun (transliteration) Noodles and Jin Xing (transliteration) Noodles jointly increased the prices of red vermicelli noodles. The conduct was likely to affect the supply-demand function of the red vermicelli noodles market in the northern region in violation of the regulation prohibiting concerted actions set forth in Article 15 (1) of the Fair Trade Act. In addition to ordering the said businesses to immediately cease the unlawful act, the FTC also imposed on them administrative fines of NT$100,000, 250,000, 160,000 and 150,000, respectively.
4. Jing Zhune Co., Ltd., a multi-level marketing business, changed its office location, sales system and product items without filing with the FTC in advance. The conduct was in violation of Article 7 (1) of the Multi-level Marketing Supervision Act. The FTC imposed an administrative fine of NT$300,000 on the company.
5. Charming Biotechnology Group, a multi-level marketing business, violated (1) Article 7 of the Multi-level Marketing Supervision Act for changing its product items and services without filing with the FTC in advance and (2) Article 14 of the Multi-level Marketing Supervision Act for failing to include statutorily required information in contracts signed with participants. In addition to ordering the company to immediately cease the (2) unlawful act and sign with participants joining the company after enforcement of the Multi-level Marketing Supervision Act contracts that included statutorily required information and submit a copy to the FTC for reference within 30 days after receiving the disposition, the FTC also imposed an administrative fine of NT$300,000 on the company.
6. When marketing the “Bradol fully synthetic Racing Oil 5W50” on the PChome Online Mall, 1st Sources Investment Consulting Co., Ltd. claimed the product had been “certified compliant with the API SN level.” It was a false, untrue and misleading representation with regard to quality of product in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$50,000 on the company.
7. In an advertisement for the “An Jia 2MORE” presale home housing project, An Jia International Corp. and Quan Yue (transliteration) Advertising Co., Ltd. marked the motorcycle parking space in the basement level one as to be used for a gym and a “multi-function room.” It was a false, untrue and misleading representation with regard to content and use of product likely to affect transaction decisions in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed administrative fines of NT$400,000 and 300,000 on the two companies, respectively.
8. On the layouts for the second and third floors of Block A2 and the layout for the second floor of B2, B3, B11, B15 and B17 posted in an advertisement for the “Xiang Jia (transliteration)” housing project, Baoyue Construction Co., Ltd. marked the balcony areas with dotted lines and indicated that they were part of the interior space. The practice was a false, untrue and misleading representation with regard to use and content of product that was likely to affect transaction decisions in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$300,000 on the company.
9. CFK International Co., Ltd., a multi-level marketing business, launched the Taobao.com Lei Hu (transliteration) Project and changed its sales system and product items without filing with the FTC in advance. The conduct was in violation of Article 7 (1) of the Multi-level Marketing Supervision Act. In addition to ordering the company to file the new sales system and product items with the FTC within 10 days after receiving the disposition, the FTC also imposed on it an administrative fine of NT$300,000.
10. Senuvo Taiwan, a multi-level marketing business, changed its sales system, participant contract contents and product items without filing with the FTC in advance. The conduct was in violation of Article 7 (1) of the Multi-level Marketing Supervision Act. The FTC imposed an administrative fine of NT$150,000 on the company.
11. Huan Yu New Century Co., Ltd., a multi-level marketing business, violated (1) Article 7 (1) of the Multi-level Marketing Supervision Act for changing its office location and product items without filing with the FTC in advance and (2) Subparagraph 3 of Article 14 of the Multi-level Marketing Supervision Act for failing to include statutorily required information in contracts signed with participants. In addition to ordering the company to sign with participants joining the company after enforcement of the Multi-level Marketing Supervision Act contracts that included statutorily required information and submit a copy to the FTC for reference within 30 days after receiving the disposition, the FTC also imposed an administrative fine of NT$200,000 on the company.
12. Oil Go Pian-Yi International Trading Co., Ltd. marketed the Italian “AGIP eni i-Ride 4T scooter 15W50 synthetic oil” on PChome Online Mall and claimed the product had been “certified: …API SL.” It was a false, untrue and misleading representation with regard to quality of product in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$50,000 on the company.
13. In an advertisement posted on Kimo Super Mall for the “body-slimming, fat-pushing and breaking vibrator massager and fat burner” and the “body-slimming, fat-removing, waist-reducing pulse massager,” VIP.COM Enterprises claimed that the products could “remove excessive fat, reduce the belly and transform fat into your own energy after 5-10 days of use” and “give you slim arms and thighs after 10-20 days of use.” The wording was a false, untrue and misleading representation with regard to quality of product in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$50,000 on the company.
14. On the floor plans shown in an advertisement for the “Jiang Zuo (transliteration)” housing project, Jun Teng (transliteration) Construction Co., Ltd. marked the balcony areas with dotted lines and indicated that they were part of the interior space. The conduct was a false, untrue and misleading representation with regard to use and content of product likely to affect transaction decisions in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$200,000 on the company.
15. In the “3D schematic for the first-ever farm-garden-park 3-in-one independent villa community in Yilan” and the “general community arrangement schematic” posted for its “Ye Qu (transliteration)” housing project, Quan Kai (transliteration) Construction Co., Ltd. claimed there would be a pavilion, walkways, farm paths, washing areas, a recreational sand basin, wooden platforms, a grilling area, a visitor parking lot, a pond, as well as 3D schematic for a community reception center with a gym, a multimedia room and a restaurant. The wording and images were a false, untrue and misleading representation with regard to content and use of product likely to affect transaction decisions in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$400,000 on the company.
16. In the catalog for the Audi A6 Sedan/Audi Avant and Caddy Maxi, Audi Volkswagen Taiwan Co., Ltd. posted the wording of “complying with the EU6 Standards for Exhaust Emissions” and “exhaust emission standards upgraded from EU4 to EU5.” It was a misleading representation with regard to quality of product likely to affect transaction decisions in violation of Article 21 (1) of the Fair Trade Act. The FTC imposed an administrative fine of NT$5 million on the company.

《In case of any discrepancy between the English version and the Chinese Version, the latter shall prevail.》