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In Depth: How Livestreaming Snake-Oil Sellers Exploit Advertising Loopholes

Published: Dec. 13, 2024  8:09 p.m.  GMT+8
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Powder that lets diabetics eat whatever they like and cancer-curing fruit juice are just some of the bogus health products being hawked on China’s livestreaming platforms, which are coming under greater scrutiny. Photo: AI generated
Powder that lets diabetics eat whatever they like and cancer-curing fruit juice are just some of the bogus health products being hawked on China’s livestreaming platforms, which are coming under greater scrutiny. Photo: AI generated

If Wang Meng hadn’t gotten sick last December, she might not have realized the sway health livestreamers have over her mother.

When Wang Meng was in excruciating pain from acute gastroenteritis, her mother advised her to drink an enzyme essence instead of going to the doctor — a remedy Wang’s mother had purchased from a livestreaming health influencer.

Wang’s mother, a retired nurse from East China’s Shandong province, became anxious about health following tumor surgery. In 2022, she started following “Dr. Su” on livestream platforms and has since spent nearly 100,000 yuan ($14,000) buying so-called health products from him.

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  • Health livestream e-commerce has surged in China, with influencers selling products often under misleading claims, significantly influencing consumer behavior.
  • Regulatory efforts are increasing, yet ambiguous guidelines and crafty seller tactics make oversight challenging, especially on platforms like Douyin and private channels like WeChat.
  • Despite fragmented regulatory measures, experts call for cohesive national legislation to protect consumers from deceptive practices in livestreamed health product marketing.
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[para. 1] Wang Meng, suffering from acute gastroenteritis, discovered the influence health livestreamers like "Dr. Su" had on her mother, a retired nurse from Shandong province. Following tumor surgery, Wang’s mother became obsessed with health livestreams and had spent nearly 100,000 yuan on products from Dr. Su, advised by him rather than seeking professional medical help.

[para. 2][para. 3] The livestreaming e-commerce sector in China has grown rapidly, especially in the sale of health products. A report by Chanmofang stated that over 70% of health products on Douyin were sold through livestreams within a year. However, regulatory frameworks haven't kept up, leading to false advertising and misleading sales tactics with products often categorized wrongly as therapeutic.

[para. 4][para. 7] Amidst these concerns, platforms like Douyin are tightening policies to mitigate deceptive practices. However, sales continue via less-regulated spaces like WeChat groups. The marketing usually involves livestreamers portraying themselves as authoritative figures with high-pressure sales strategies, claiming exclusive offers and free returns to entice viewers.

[para. 5][para. 8] An example involves Li Wen's father who stopped his diabetic medication after buying and consuming "Shutang" powder from Kuaishou, influenced by claims that it allows diabetics to absorb sugar effectively. Despite the powder’s label stating it isn’t a health supplement or medicine, such deceptive practices continue largely due to high-pressure sales tactics on livestreams.

[para. 9] The big-data analysis between August 2023 and August 2024 by Beijing Sunshine Consumption Big Data Research Institute found around one-third of discussions about online health product sales involved false advertising. Concerns about misleading sales tactics and product quality were also prominent.

[para. 10][para. 12] According to a July report by Industrial Securities, e-commerce units sold 56% of dietary supplements in 2023, compared to 14.4% in 2013. Livestreams on platforms like Douyin are a key growth driver, offering real-time product explanations that foster consumer trust. Influencer-led sales accounted for approximately 65% of all health product livestreams within a year.

[para. 11][para. 13] However, influencer partnerships involve significant costs, including platform commissions and high fees for showing products. Despite high costs, influencers can charge significant sums, as their recommendations carry considerable weight with their dedicated fan base.

[para. 14][para. 15] Regulatory ambiguity presents challenges. While professional medical workers are banned from selling products for personal gain, independent health influencers face less stringent regulations, despite lacking formal medical credentials. Livestreams exist in a gray area, complicating resolution in cases of false advertising given the real-time nature of streams.

[para. 16][para. 18] Legal constraints, such as fines under the Anti-Unfair Competition Law, seem insufficient to deter major influencers. Some livestream platforms adopt a "loose-entry, strict-exit" approach, with penalties for violations. Douyin, aiming to combat exaggerated medical claims, has introduced bans on phrases like "miracle doctor."

[para. 17][para. 19] Exploiting regulatory gray areas, sellers often move to private domains like WeChat for less-supervised sales, using public platforms primarily as funnels. To curb such deceptive practices, major cities like Beijing and Shanghai have issued compliance guidelines; however, national legislation is necessary to protect health-anxious consumers effectively.

[para. 20] Wang Meng and Li Wen's names in the article are pseudonyms, contributing to illustrating the intricate challenges of health-related livestreaming e-commerce in China.

AI generated, for reference only
Who’s Who
ByteDance Douyin
ByteDance's Douyin, China's version of TikTok, is a major platform for livestreaming e-commerce, particularly for health products. From May 2023 to April 2024, over 70% of health products sold on Douyin were via livestreams. The platform faces challenges in regulating misleading health claims, while influencer-driven sales have significantly boosted the health supplement sector, with a reported annual growth rate of 120% between 2021 and 2024.
Pinduoduo
Pinduoduo, one of China's major livestream platforms, has begun tightening oversight of livestream health e-commerce due to growing concerns over false advertising and misleading sales practices involving health products. This action comes as part of broader efforts by major platforms and regulatory authorities in China to address the challenges posed by unregulated health products being sold via livestreams.
Kuaishou
Kuaishou is one of China's major livestream platforms where vendors sell health products, often using high-pressure tactics and false claims. The platform, like others, has been linked to misleading sales practices, which has sparked regulatory responses. To counter increased oversight, some sellers use private channels, such as WeChat groups, to continue their operations. Recent data indicates Kuaishou is frequently cited in discussions on false advertising and deceptive sales tactics in health product livestreaming.
Taobao
Taobao is mentioned as a mainstream livestreaming platform that is involved in the false advertising and misleading sales of health products via livestreams. The Beijing Sunshine Consumption Big Data Research Institute included Taobao in its analysis of online content, highlighting concerns over false advertising and product quality in the health sector.
JD.com
JD.com is cited in the article as one of the mainstream livestreaming platforms involved in the sale of health products. A big-data analysis conducted by Beijing Sunshine Consumption Big Data Research Institute identified JD.com among the platforms where discussions of false advertising and misleading sales practices were prevalent in the context of health products sold via livestreaming.
Xiaohongshu
Xiaohongshu is mentioned in the article as one of the mainstream livestreaming platforms where misleading sales practices for health products, such as false advertising, have been reported. It, along with other platforms like Douyin and Kuaishou, is cited in a big-data analysis focusing on issues related to health product sales via livestreaming, highlighting its involvement in the ongoing concerns over fraudulent marketing of health-related items.
Industrial Securities
Industrial Securities is mentioned in the article for its July report, which highlighted that e-commerce constituted 56% of dietary health supplement sales in 2023. This marked a near fourfold increase from 14.4% in 2013, illustrating the significant growth in the sector over a decade.
WeChat
In response to increased oversight on major livestream platforms, sellers have shifted to more private means like WeChat groups. WeChat offers a laxer regulatory environment and challenging supervision, making it an appealing platform for hucksters. It allows livestream hosts to direct viewers from public platforms to private spaces, where they can continue promoting health products with minimal oversight.
AI generated, for reference only
What Happened When
2022:
Wang Meng's mother starts following "Dr. Su" on livestream platforms and begins buying health products from him.
May 2023:
Over 70% of health products sold on Douyin were sold via livestreams, according to a May 2024 report by Chanmofang.
May 2023:
Influencer-led livestreams account for around 65% of all livestreaming health products sales on Douyin.
August 2023:
A big-data analysis shows that around one-third of online discussions about health product sales via livestream involve false advertising.
December 2023:
Wang Meng experiences excruciating pain from acute gastroenteritis and is advised by her mother to drink enzyme essence instead of seeing a doctor.
AI generated, for reference only
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