
Fraudulent ads have been rampant amid the spread of the new coronavirus, particularly in online shopping, claiming to prevent infection or disinfect against the virus without scientific grounds.
The Consumer Affairs Agency is ramping up its surveillance of possibly misleading statements in violation of the Law against Unjustifiable Premiums and Misleading Representations, and of possibly false and exaggerated presentations that violate the Health Promotion Law.
-- 'I believe it, but …'
"I'm ashamed of myself for believing and using it without knowing whether it was effective," said a man, 38, who runs a printing company in Koto Ward, Tokyo.
In early April, the man purchased pendant-like air disinfectants from a Tokyo online shop, as it was difficult to buy masks and alcohol disinfectant. They were not cheap at about 6,000 yen for five.
The ad claimed that the product used chlorine dioxide, which has a sterilizing effect, and the man believed the claims that "simply wearing it on your neck will sterilize the area around you." He wore a pendant all the time at the office and while in transit. He also distributed them to his employees.
The Consumer Affairs Agency announced on May 15 that it had issued administrative instructions for correction to five companies that sold the same type of disinfectant products, saying they are suspected of violating the Law against Unjustifiable Premiums and Misleading Representations.
The companies advertised on their websites that their products are effective in removing viruses in various environments, including offices and commuter trains. However, when the agency asked for evidence, the companies only provided lab data for an extremely narrow airtight space smaller than a 18-liter can.
When the man learned of the administrative instruction, he called the manufacturer to confirm it. But the manufacturer did not address his concerns, only saying, "There's a problem with the seller's advertising." The goods the man bought are still available online.
--130 inquiries in 4 months
"Ingredients in deep-sea shark liver oil can fight the destruction of the body's immune system by the new coronavirus." "Instantaneous destruction of the new coronavirus."
According to the Consumer Affairs Agency, there has been a sharp increase since February in the number of ads on online shops making such claims regarding the new coronavirus. In February and March, the agency issued administrative instructions to 64 businesses suspected of violating the law. However, similar ads continued to appear, and in April and May, the agency issued instructions to other 35 businesses. Most of the 125 products covered in the instructions were health foods such as dietary supplements.
It usually takes several months for the agency to issue administrative instructions after the start of an investigation, because it typically requires companies to submit documents showing the grounds for their labeling, and questions them. However, with products related to the new coronavirus, the nature of which is scientifically unknown, there are judged to be no grounds even for ads that simply state a product is "effective against the new coronavirus."
The agency's administrative instructions related to the new coronavirus alone reached 130 cases from February to May. This is compared to 150 to 200 administrative instructions overall in a typical year.
"There are many unscrupulous dealers who have taken advantage of consumers' concerns," an agency official said. "There are also fears that consumers who put too much stock in unfounded ads may neglect basic precautions such as washing their hands and wearing masks."
-- Only shops held liable
One factor behind the spate of illicit ads online is the fact that the contents of the ads have been decided, in principle, by the shops. Online shopping sites run by major IT companies require shops to comply with laws and regulations when displaying ads. However, it is difficult for them to monitor each product in detail, as the number is enormous and new items rapidly replace others that have disappeared.
The agency will take action, including fines, against companies that fail to comply with administrative instructions. But the law only holds companies responsible for illicit ads if they decided the wording. The lack of accountability of website operators is said to be one reason why illicit ads are overlooked.
"Currently, only masks and disinfectants are known to be effective in preventing infection," said lawyer Tsuyoshi Ikeda. "Consumers need to understand that even major online shopping sites do not guarantee the credibility of ads, and they need to be careful not to instantly take ads as truth."
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