Caijing's new media Li Hongli/Wen Gaoyuying/Editor
Recently, Wang Laoji, a national herbal tea brand, was accused by franchisees collectively because of false investment and failure to honor promises, and was caught in a storm of public opinion. Recently, Caijing's new media reporter found that in addition to the above problems, a solid beverage named Wang Laoji's "Jibaoqing Yangyi" began to rise in the micro-business circle. This product was endorsed by "Guangyao Great Health Product" and claimed in the publicity that it has the functions of "relaxing the stool, regulating the liver and gallbladder, tonifying kidney and yang, nourishing blood", and it is a product that focuses on losing weight. According to relevant laws and regulations, ordinary food propaganda has health care effects and is suspected of false propaganda.
according to the reporter's investigation, the retail price of this product is as high as 316 yuan/box, while the ex-factory price is only 14 yuan/box. Behind the huge profits, it is graded layer by layer through the Wechat business model, from VIP, county generation, district generation, city generation, provincial generation and regional business department * * *, and finally a product with an ex-factory price of only a dozen yuan is pushed up to several hundred yuan.
It is worth noting that "Jibaoqing Yangyi" series products are not produced by GPHL and its related subsidiaries, but are OEM products authorized by Guangzhou Wanglaoji Pharmaceutical Co., Ltd., a subsidiary of Baiyunshan Group Co., Ltd. (hereinafter referred to as "Baiyunshan"). Its manufacturers are OEM and Yijia (Guangdong) Health Technology Co., Ltd., while the national distributor is Keppel Technology (Hebei) Co., Ltd. (hereinafter referred to as Keppel).
According to insiders, the operation method of this kind of products is that the project operator finds the brand to obtain the brand authorization, then finds the processing manufacturer to carry out OEM production, and then builds a multi-layer distribution system through professional institutions to distribute the products through social fission to obtain income. Lawyers believe that from the sales model of this product, it is suspected of pyramid schemes.
In fact, GPHL authorized Baiyun Mountain to use 42 trademark exclusive rights series such as Wang Lao Ji for 1.389 billion yuan, and a large number of authorized products under the brand banner of "Wang Lao Ji" appeared in the market, many of which were short-lived and chaotic. Regarding the authenticity of the sales authorization, authorized income and other issues, Caijing's new media reporter asked Wang Laoji Pharmaceutical and Guangzhou Baiyunshan Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Baiyunshan") authorized by GPHL for verification. Baiyunshan told reporters that it was not clear and needed to verify with Wang Laoji. The reporter repeatedly called the official phone number of Wang Laoji Pharmaceutical, but as of press time, it was unable to get through.
true weight loss or false propaganda? Cost 14 yuan price is 316 yuan
According to the sales authorization provided by the distributor, Guangzhou Wanglaoji Pharmaceutical Co., Ltd. (hereinafter referred to as "Wanglaoji Pharmaceutical") authorized Keppel Technology (Hebei) Co., Ltd. (hereinafter referred to as "Keppel") to be the national distributor of "Wanglaoji Qingyangyi" series products, and the trademark certificate and business license qualification of Wanglaoji Pharmaceutical can be displayed as distributors in the sales process. This means that the Wang Laoji Keppel Project is actually operated by Keppel Company.
According to the online publicity materials, the series of "Wang Lao Ji Qing Yang Yi" products are advertised as Wang Lao Ji's new retail project, also known as Wang Lao Ji Ji Bao's new retail, which belongs to "Guangzhou Pharmaceutical Health Products", but there are only three products under its banner, including Wang Lao Ji Qing Yang Yi, Ji Bao Pei You Bao and Ji Bao Xing Fu Burning, all of which belong to solid drinks that focus on slimming.
According to the product information table on the back of Wang Laoji Qingyangyi packaging, the product name is: Rosa roxburghii collagen peptide solid beverage; The product standard code is GB/T 2962. The reporter inquired about the national standard and found that this product is just an ordinary solid drink and does not belong to the category of health care products.
However, the three products have the functions of "expelling toxin, discharging oil, enhancing immunity and tonifying kidney-yang", which is beyond the scope of ordinary food publicity. Zhu Jieping, a well-known lawyer and founding partner lawyer of Taikun Law, told reporters that according to the first paragraph of Article 38 of the Regulations on the Implementation of the Food Safety Law, other foods other than health foods may not claim to have health care functions.
Zhu Jieping also said that regarding the violation of the Advertising Law, generally speaking, the labels and instructions of ordinary foods are not recognized as advertisements, and this situation is not subject to the adjustment of the Advertising Law; It is a false description of the performance and function of ordinary food itself, which is easy to cause misunderstanding by consumers. According to Item (2) of Paragraph 2 of Article 28 of the Advertising Law, if the performance and function of a commodity are inconsistent with the actual situation and have a substantial impact on the purchase behavior, it can be considered as a false advertisement.
in addition to the exaggerated publicity on the product, Wang Lao Ji Qingyangyi is also a complete OEM product. According to the product production information, the manufacturer of this product is Heyijia (Guangdong) Health Technology Co., Ltd. (hereinafter referred to as "Heyijia Company"). The reporter inquired about the company's relevant information and found that Heyijia Company is a company specializing in OEM OEM processing. In 22, it was punished twice by relevant departments for violating the Food Safety Law.
The reporter also found the same product-Rosa roxburghii collagen peptide solid drink in official website of Hejia Company. From the propaganda of official website, it did not have many functions as advertised by Wang Laoji.
The reporter contacted this company on the grounds of OEM. According to the relevant person in charge of the company, Wang Laoji brand Rosa roxburghii collagen peptide solid beverage is indeed produced by this company. The wholesale price of each small bag is about 1-2 yuan, and the price of each box ranges from 1-2. The product shape packaging is also designed by this company.
"Wang Lao Ji's products related to Qingyangyi are more than 2 million yuan, and the price we give is about 14 yuan for a box, including packaging and raw material processing fees. The factory has a professional packaging design team to design for free. Just pay a deposit of 5, yuan before designing and packaging, and the payment will be deducted later." The person in charge told reporters.
This means that the actual wholesale price of products with a terminal price of more than 3 yuan is only about 14 yuan, which can be described as profiteering. Relevant industry insiders told reporters that the core logic of Wechat business is that the project operator finds the brand to obtain brand authorization, and then finds a processing manufacturer to carry out OEM production, and then builds a multi-layer distribution system through a professional organization to distribute the products through social fission to obtain income. It can be seen that the product is not the core element, and the key lies in formulating an effective sales model.
selling products or attracting people? The sales model is suspected of pyramid schemes
The reporter contacted a number of agents of this project on the grounds of joining agents. Li Yaqing (pseudonym), a distributor of Zhejiang regional business department, told reporters that "Wang Laoji Jibao's new retail project started at the end of June, earning more than 2, yuan in July and more than 3, yuan in August, and now it is just right to enter the market."
how do agents easily earn over 1, yuan a month? The project has a complete set of sales model. According to the information provided by the dealers, the dealers of VIP, county generation and district generation can directly obtain the corresponding level by purchasing products. The higher the level, the lower the unit price. Taking county generation as an example, they can become county generation by spending 2484 yuan to buy 9 boxes of products. However, the three levels of city generation, provincial generation and regional business department can not complete the upgrade of dealer level by purchasing products directly, and only when the cumulative sales volume exceeds 2, can they become regional business departments.
In addition, there is another way to become a county generation directly, that is, you can become a county generation by purchasing a set of Wang Laoji Lightweight Extreme Suit (1896 yuan), which includes 6 boxes of products, and giving Wang Laoji 1 bags of Qingyangyi, 1 bags of Jibaowai Oil Treasure and 1 box of Guangyao Warm Show Slimming Essential Oil worth 198 yuan.
according to the reporter from the regional distributor of this project, this project has three profit modes: direct profit, differential profit and flat prize. Taking the sale of Wang Laoji's light and supreme suit as an example, direct profit is the profit from the retail price minus the purchase price, and the higher the level, the higher the purchase price.
"The differential benefit simply means that dealers indirectly earn the difference in the sales profits of their lower-level dealers. Take the sales of a 1,896-yuan Wang Lao Ji light and supreme suit by the regional business department as an example. There are provincial, municipal, district and county generations below the regional business department, and the difference at each level is 16 yuan. Every time the provincial generation launches a suit, the regional business department earns 16 yuan, and the municipal generation pushes a suit. The regional business department earns 32 yuan, and the regional generation launches such a suit. The level award is the profit earned by the dealer to develop a dealer of the same level. " The dealer said.
This means that dealers at all levels can get lower prices, higher grades and finally earn more profits only by developing their offline personnel indefinitely. Obviously, after layers of dealers earn profits, the price of the terminal is more than 3 yuan, and the price of the goods to the large-scale dealers is only 1 yuan, which inevitably makes the outside world doubt whether this project is selling products or pulling people's heads.
Zhao Zhanling, deputy director of Beijing Yunjia Law Firm and a researcher at the Intellectual Property Research Center of China University of Political Science and Law, said that from the sales model of this product, it is suspected of pyramid selling, on the grounds that the model meets the organizational requirements of pyramid selling, forming an online and offline interpersonal network and forming a "personnel chain" of pyramid selling, but whether it really constitutes pyramid selling depends on whether it forms a "money chain" of pyramid selling in terms of remuneration. The determination of the elements of remuneration will ultimately be formally recognized by the public security and market supervision departments.
Chen Chuan, a partner and secretary of the Party branch of Shaanxi Maisheng Law Firm, believes that the main purpose of this model is to attract people's heads, and to earn profits by developing people's heads, rather than by selling goods. In particular, different levels of agency authority are set at different levels, and each level has different interests. In fact, it is to induce agents at all levels to be promoted at different levels, and to develop personnel to participate at different levels, which is in line with the organizational characteristics of MLM organizations.
who will be responsible for the Wang Lao Ji brand that is authorized to play badly?
in addition to the related products of Wang Lao Ji Ji Bao, more and more products under the banner of "Wang Lao Ji Brand" have emerged in the market, from the tea chain brand 1828 Wang Lao Ji to the hot pot brand 1828 Wang Lao Ji Xiaoji Pot Pie, from the liquor brand Wang Lao Ji "Sui Niu" to Wang Lao Ji Beer, and then to the milk brand Wang Lao Ji Ji Ji Ruyi. At one time, Wang Lao Ji brand emerged from many categories, but many brands quickly disappeared, with little thunder and little rain.
In addition to the above categories, Wang Laoji has also introduced Qingweile, Cordyceps Drink, Red Lycium barbarum Drink, Sweet-scented osmanthus Sour Plum Soup, Lotus Root Juice, morinda citrifolia Drink and other beverage products, as well as snack products such as throat lozenge, Guiling Ointment and Chuanbei Loquat Sugar, and even set foot in the field of daily chemicals, and launched Wang Laoji Toothpaste. Many products only attracted attention when they were first launched, and then sank into the sea.
It is noteworthy that in December 218, GPHL authorized Baiyun Mountain to use Wang Laoji's 42 trademark exclusive rights series for 1.389 billion yuan. According to the Performance Compensation Agreement signed by both parties at that time, the performance commitment period of Wang Laoji's trademark assets was three years, and the net income from trademark license was 153 million yuan, 163 million yuan and 171 million yuan in 219, 22 and 221 respectively. If the accumulated net income from trademark licensing fails to meet the above requirements, GPHL will compensate Baiyun Mountain in cash.
The reporter inquired about the annual report and found that after Guangzhou Pharmaceutical Group authorized Baiyun Mountain to use the trademark of Wang Laoji, the performance commitment was not satisfactory. Except for the first year of stepping on the line, the net income of trademark license was 12 million yuan in 22, and the completion rate of performance commitment was only 75.3%. On August 19th this year, Baiyun Mountain signed an extension agreement with GPHL, and at the same time extended the previous assessment indicators by one year.
chansons Capital Shen Meng told reporters that after Guangzhou Pharmaceutical Group authorized the brand of Wang Laoji to Baiyun Mountain, its original intention should be to use social resources to develop the value of the brand of Wang Laoji in a wider range and deeper fields. However, at present, this original intention has not been well implemented, but it has been abused and weakened. However, these Wang Laoji products launched by non-Guangzhou Pharmaceutical Department lack uniform and strict standards, which leads to mixed fish and dragons and mixed good and bad.
based on Wang laoji's brand influence, many Wechat business people are also eyeing this brand. For example, in July this year, Wang Laoji and Wechat business Sibu Group signed a cooperation agreement at the press conference, announcing that Bi Hi Beer officially entered the market. It is understood that Bi Hi Beer * * * has launched two kinds of craft beer, namely Al craft white beer and craft whole wheat beer.
Similar to the Wang Laoji Keppel Project, the sales model is Wechat business. According to the publicity materials, Bi Hi Beer Agency can be divided into three levels, namely VIP wholesaler, senior wholesaler and national general agent. You can become an agent at the corresponding level by purchasing a corresponding number of products. The reporter inquired about the information of this beer product and found that the product is also an OEM product. The manufacturer is Shandong Xueye Beer Co., Ltd., and General Beer is its main brand.
Long-term brand authorization has also laid a curse for Wang Laoji's brand. Some external authorizations are constantly consuming Wang Laoji's well-known brands and affecting the brand's reputation. In 219, a product named Wang Laoji "Jiyou" was suspected of pyramid selling, although GPHL quickly responded that Wang Laoji had nothing to do with "Jiyou" and pointed out that "the relationship between Jiyou and Wang Laoji is fake and the trademark of Wang Laoji has never been authorized". However, Jiyou related party did get the authorization of GPHL, but it has expired.
Cai Xuefei, a wine analyst in China, said that Wang Laoji, as a well-known fast-selling brand, has become an intangible asset. Excessive external authorization has led to the rapid loss of Wang Laoji's brand value. Wang Lao Ji is a fast-moving brand with very strong brand resources, but it only stays in the category of herbal tea, and it is also the pioneer of herbal tea itself. In the category of beer and liquor, there are actually not many advantages, and even a kind of "strategic out of focus" will be caused, which will lead to the decline of consumer recognition and other problems.
Then, after Guangzhou Pharmaceutical Group authorized the brand of Wang Laoji to Baiyun Mountain, it wantonly authorized various products to use this brand, which led to the chaos of authorized brands. Who should pay for these "chaos"?