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近年来,明星代言虚假广告现象的泛滥已成为一个亟待解决的社会问题。为此,立法机构颁布《食品安全法》第55条从中予以规制。但其颁布实施迄今几年来,并未见到相关的实例,几乎成了一个摆设,可见其适用机制上存在诸多不足。本文通过对该条文所依据的法理以及缺陷的分析,力求在我国真正构建起一套完整而富有实效的广告代言人侵权民事责任机制,以维护广大消费者的切身利益。
In recent years, the proliferation of celebrity endorsements of false advertising has become an urgent social issue. To this end, the legislature promulgated the “Food Safety Law,” Article 55 to be regulated. However, its promulgation and implementation so far in the past few years, did not see the relevant examples, has almost become a display, showing its application mechanism there are many deficiencies. Based on the analysis of legal principles and defects, this article tries to establish a complete and effective civil liability mechanism of advertisement spokesman in our country so as to safeguard the vital interests of consumers.