Typical cases of infringement of consumers’ legitimate rights and interests in the Yangtze River Delta (food category)
By: Date: 2021-03-30 Categories: chinesefood Tags: ,
   In 2020, the market supervision departments of Shanghai, Jiangsu Province, Zhejiang Province, and Anhui Province will continue to strengthen regional cooperation, give full play to regional characteristics, and jointly carry out activities such as return and exchange of goods in different places and stores, and return and exchange of goods offline for seven days without reason. Enhance consumer experience, boost consumer confidence, and jointly launch the”Satisfying Consumer Brand in the Yangtze River Delta”.
  In order to further enhance consumers’ self-protection awareness and ability to defend their rights, the market supervision authorities of the four places jointly announced a number of typical cases of infringement of consumer rights and interests.
  Typical cases of infringement on the legitimate rights and interests of consumers in the Yangtze River Delta region
   (in no particular order)
   Shanghai Tongguan Industrial Co., Ltd. Illegal Operation Case (Shanghai Market Supervision and Administration Bureau)
   Shanghai Yongwang Packaging Products Co., Ltd. Unjustified Sales Case (Shanghai Municipal Market Supervision and Administration Bureau)
   Shanghai Dingding Industrial Co., Ltd. Infringement of Consumer Rights and Interests Case (Shanghai Market Supervision and Administration Bureau)
  Xuzhou Lvyin Home Daily Flagship Store (Tmall Shop) Raising the Price of Masks (Jiangsu Provincial Market Supervision Administration)
  Changzhou Jujiaqin Flagship Store (Tmall Shop) Fictitious User Evaluation Case (Jiangsu Provincial Market Supervision Administration)
  Wu’s WeChat Moments Sales Counterfeit”GUCCI” Female Bag Case (Jiangsu Provincial Market Supervision Administration)
  Case of False Propaganda (Unfair Competition Act) by Chen Mou, Jinhua City (Zhejiang Market Supervision and Administration Bureau)
  Quzhou Wangu Real Estate Development Co., Ltd. False Propaganda Case (Zhejiang Market Supervision and Administration Bureau)
  Infringement of consumer rights by Yutai jewelry store in Dinghai District, Zhoushan City (Zhejiang Market Supervision and Administration Bureau)
  Anhui Chang’an City Real Estate Development Co., Ltd. Issued False Advertising and Excluded Consumer Rights Cases by Means of Standard Terms (Anhui Provincial Market Supervision Administration)
  Chongqing Mangzi Hotpot Restaurant in Tunxi District, Huangshan City, the case of food production using recycled food as raw materials (Anhui Provincial Market Supervision and Administration)
  Ma’anshan Dianjing Education and Training School Illegal Collection of Personal Information Case (Anhui Provincial Market Supervision and Administration Bureau)
  Changzhou Jujiaqin Flagship Store (Tmall Shop) Fictitious User Evaluation Case

  Case introduction
   From January 28, 2020, the market parties in Gulou District, Xuzhou City, Jiangsu Province originally opened stores on the Tmall platform to sell wild animals (holding permits from the forestry department). The three ministries and commissions of the National Forestry and Grass Administration’s”Announcement on Prohibition of Wild Animal Trading” require that wildlife trading be stopped, and pictures and other information should be directly modified on the website links of the original wild pork and the original mallard around March 20, 2020. Content, selling black pork and free-range local ducks. With the assistance of Tmall platform, it was found that as of April 9, 2020, the parties had sold a total of black pork, which was seriously inconsistent with 637 user reviews; as of April 27, 2020, the parties had sold a total of 63 free-range ducks. Pen, seriously inconsistent with 740 reviews. The parties used the user reviews and product ratings of the previously sold products to publicize and promote the new products on the shelves, which constituted an act of deceiving and misleading consumers and violating the provisions of Article 8 of the Anti-Unfair Competition Law of the People’s Republic of China, September 2020 In September, the Market Supervision Bureau of Changzhou National High-tech Zone (New North District) imposed an administrative penalty of 200,000 yuan on the parties in accordance with Article 20 of the “People’s Republic of China Anti-Unfair Competition Law”.
  Case Comments
   In this case, the parties involved in this case re-listed the products that had been removed from the shelves by modifying their pictures, product names and other product information to sell new products, and applied the user reviews of the products that had been removed to the new products, which deceived and misled consumers as well as harmed them. For the interests of other operators, they were eventually punished.
  Chongqing Mangzi Hotpot Restaurant in Tunxi District, Huangshan City, a food case using recycled food as raw materials

  Case introduction
   On April 7, 2020, the Market Supervision Bureau of Tunxi District, Huangshan City, Anhui Province arranged for law enforcement officers to conduct a surprise inspection of Chongqing Mangzi Hotpot Restaurant in Tunxi District according to the report. After investigation, the hot pot restaurant was suspected of using recycled hot pot bottom materials to reprocess them into bottom materials for consumers to eat. The market supervision department seized 5 barrels of hot pot bottoms and filters and other related items in accordance with the law, ordered the hot pot restaurant to suspend business, and transferred the case to the public security agency for investigation. On September 28, the Tunxi District Procuratorate prosecuted four criminal suspects with Chen Moujing and other suspects of producing and selling toxic and harmful food.
  Case Comments
  The parties in this case used waste fats and oils to make hot pot bottoms, making huge profits and seriously damaging the health of consumers. Such cases are generally concealed and difficult to discover. The market supervision department adopts the method of surprise inspection and in-depth investigation to quickly ascertain the facts and fix the evidence. Using the”convergence of execution” mechanism, in conjunction with the public security organs, severely crack down on such illegal and criminal acts, and maintain the safety of consumers on the”tip of the tongue”.