The Unbearable Weight of the Advertising Endorsers—From the Angle of Reg.39(2) of the Draft of Advertising Regulations (Revision Draft)

Self-evidence legislation based on the false advertising problems adapts to the trend of "celebrity endorsement ruled by law" and is rational from the perspective of the advertising market and the improvement of market economy. However, self-evidence legislation at the same time creates a predicament inside the legal system and advertisement market. It also raises chaos in the endorsement responsibility system, makes certain goods and service lose the possibility of endorsements and leads to high cost. The core of legal regulation on advertising endorsers is to prevent unreasonable transformation of costs, while self-evidence legislation increases advertising endorsers obligations but can't facilitate the operation of law enforcement and the realization of legislative motive. Therefore, we should pay more emphasis on the joint and several liability rather than self-evidence legislation to improve institute design from the aspects of entity and procedure.