[HC Food Industry Network] Due to the labeling of imported candy, the real energy is low. Liu is suing the supermarket for his own body, and the supermarket is suing the court for a ten-fold compensation. After two levels of court hearings, Liu’s appeal was finally supported. Nowadays, from small food candy to electric car, imported goods are more and more appearing around people. The dispute over the sale of imported goods similar to this case has a growing trend, especially the phenomenon of large-scale and professionalized claims. .
Case: Label energy error issuance claims ten times
Liu said that he purchased 18 boxes of "Woogie" brand sage candy and lemon herb candy at Jingkelong Sweet Water Park, with a total price of 676.8 yuan. The energy on the outer packaging of the above goods is 987 kJ, but according to the formula for energy calculation in the national standard, the actual energy contained in the product is 1632 kJ.
Liu said that he is overweight and pays special attention to low-energy foods. The above-mentioned foods attract consumers with low energy, which objectively misleads consumers to correctly judge energy intake and will bring great harm to specific consumers. Therefore, according to the "Standardization Law" and "Food Safety Law", the court was requested to order Jingkelong Company to refund the price of 676.8 yuan and 10 times compensation for 6768 yuan.
Jingkelong Company contends that the goods involved in the case are imported goods, which have been qualified by the customs inspection and quarantine, comply with food safety standards and relevant laws and regulations, the company has fulfilled its reasonable review obligations, there is no illegal behavior and fault, and does not constitute sales non-compliant food. The safety standard food is known, so it should not be compensated ten times.
The court of first instance held that the Food Safety Law stipulates that food safety standards include requirements for labels, labels, and instructions related to food safety and nutrition. According to the "General Principles of Nutrition Labelling", any nutritional information indicated on the nutrition label of prepackaged foods shall be true and objective, and shall not indicate false information, and shall not exaggerate the nutritional or other effects of the product.
According to the relevant energy coefficient formula, the nominal energy value of the outer packaging of the goods involved is indeed wrong, obviously does not meet the food safety standards, and the wrong marking value may cause health damage to a specific consumer group. As a food seller, Jingkelong Company has the statutory obligation to ensure food safety. It should strictly examine the relevant marks of the goods involved in the lawsuit. Although the goods involved in the complaint have been inspected by the inspection and quarantine department and the quality inspection authority, they cannot be exempted from their review obligations. Jingkelong Company sells food that is not in compliance with food safety standards and should compensate consumers.
According to this, the court of first instance ruled that Jingkelong Company refunded Liu's payment of 676.8 yuan and compensated 6768 yuan. After the Jingkelong Company refused to accept the appeal, the Beijing Third Intermediate People's Court upheld the original judgment.
Research: The number of disputes grows, the occupation trend is obvious
Judge Sanmin of the Third Intermediate People's Court of Beijing said that the number of disputes over the sale and purchase of imported goods in the past two years has shown an increasing trend. The case covers a wide range of imported goods such as food, clothing, furniture, household appliances, and electronic products.
In the case of the lawsuit, the judge said that the existence of the label of the imported goods occupied the majority of the situation. For example, imported foods and other non-standard Chinese labels; missing parts of the material, food ingredients, production date, factory name and other information; mislabeled product information, including energy values ​​do not match, clothing fabric material content does not match.
In addition, there are cases where illegally added food additives or non-edible materials are added to imported foods, such as illegally added non-ordinary foods in ordinary foods, items that can only be used in a certain range, and those that are exempt from the old standard and new standards are withdrawn. As a food additive, etc.
The judge said that both small claims and huge claims are showing an increasing trend. Small claims are more common in the labeling and illegal addition of imported foods, and new situations such as small purchases in a short period of time have emerged. Huge claims are more common in the purchase of imported cars, the amount of claims may be up to several million. In addition, the claim body also appeared to be large-scale and professional. More and more people who know the fake and buy fake, and profit-seeking people join the claim team. The same party may be the plaintiff of multiple similar cases, and different claim entities file several lawsuits against the same type of goods.
Editor in charge: Zheng Yafei
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