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(영문) 대전지방법원 2016.04.14 2016고정31
건강기능식품에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. No person in charge of facts shall place any indication or advertisement that is different or exaggerated from the facts, or that is likely to mislead or confuse consumers with regard to the name of functional health foods, raw materials, manufacturing methods, nutrients, ingredients, methods of use, quality, and tracking and management of history of functional health foods;

However, on January 3, 2015, the Defendant, at “D” operated by the Defendant located in Daejeon Dong-gu, Daejeon, as well as at “F,” an Internet newspaper, with respect to the efficacy of “E” and the source of mM, which is a raw material for functional health foods, assist the Defendant in forming and maintaining pipes, bones, skins, hairs, etc., extracted from plants, such as pine trees, in body.

“......”

However, since mM is not generated only from nature, it is permitted to indicate “vegetable origin” and “vegetable extractions” in cases where functional health foods are manufactured by importing mM, only when a certificate of manufacture and issuance is attached. Since mM imported by the Defendant was accompanied only by a certificate of manufacture, it was impossible to display or advertise “vegetable origin” related to “vegetations.”

In addition, although the efficacy of one mmM assists in booming and coloning health, the defendant advertised that the defendant will assist in forming and maintaining bones, skin, hair, etc.

As a result, the Defendant displayed false or exaggerated labeling advertisements that are likely to deceive or mislead consumers.

2. The judgment of the defendant and his defense counsel held that the defendant introduced mM raw materials and delivered information about mM to F "F" by the Internet newspaper private person, and that 100,000 won was paid as the plaintiff fee. However, the defendant prepared and posted this article, and the defendant did not participate in the article's form or phrases.

The argument is asserted.

Internet newspaper F Advertising photographs are “F” and are prepared on January 2015.

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