Nantong market supervision and Administration Bureau issued typical cases of”action zero” (the second batch)
By: Date: 2022-07-31 Categories: chinesefood Tags: ,
   今年是党的二十大召开之年,维护安全稳定环境是重大政治责任。7月14日,南通市市场监管系统“零号行动”会议召开,部署开展特种设备及灶管阀质量、“食品”“保健品”等领域涉老涉诈问题隐患整治、食品安全和打击侵权假冒“百日攻坚”,从严执法、严肃打击,对问题线索“零忽视”,对违法违规行为“零容忍”,通过办理一个案件、教育一批市场主体、规范一个行业。现公开曝光发布第二批“零号行动”典型案例:

 
  Case 1

A building materials Co., Ltd. in Chongchuan District sold waterproof coiled materials that infringed the exclusive right to use registered trademarks
 
Recently, the market supervision bureau of Chongchuan District conducted a surprise inspection on a building materials Co., Ltd. and found 1678 volumes of infringing waterproof coiled materials and 26 volumes of certificate marks at the company’s business premises. After investigation, the illegal business volume of the party involved was 636990 yuan. The party involved sold infringing waterproof coiled materials and forged others’ registered trademark marks, which is suspected of violating Article 57 (3) of the Trademark Law of the people’s Republic of China The provisions of paragraph (4) have been filed for investigation by the Chongchuan District Market Supervision Bureau.

Typical significance
 
The parties involved in the case had subjective intent, and the number of infringing waterproof coiled materials was large and the value of goods was large. They were investigated and dealt with in time and severely punished according to law, which maintained the market order of fair competition, ensured the social public interests and consumer rights and interests, and guaranteed the legitimate rights and interests of obligees.
 
  Case 2

False publicity case of a Health Technology Co., Ltd. in Haimen District
 
Recently, during the on-site inspection of the party concerned, the law enforcement personnel of Haimen District Market Supervision Bureau found that the quilt surface of a certain quilt produced and sold by the party concerned was printed with”enhancing immunity, improving sleep, resisting fatigue, tactile detoxification” and other contents, and the washing was marked with”authoritative certification of the European Union OTP ecological product certification committee” and other information. The party concerned could not provide relevant certificates of the above publicity. After investigation, the quilts produced by the parties are mainly sold to the middle-aged and elderly tourists. Haimen District Market Supervision Bureau has filed a case for investigation into the party’s suspected use of medical terms for false publicity.
 
Typical significance
 
Under the guise of health preservation, health care and disease treatment, some illegal businesses publicize their products to grab high profits, which is essentially false and misleading publicity of commodity functions. The handling of this case has enhanced the risk prevention and self-protection awareness of consumers, especially the middle-aged and elderly, for illegal behaviors such as false publicity.
 
  Case 3

The case of a wire and cable Co., Ltd. in Rudong County leaving the factory without authorization and selling copper core PVC insulated sheathed wires without compulsory product certification
 
Recently, according to the report, the law enforcement officers of Rudong County Market Supervision Bureau inspected a plastic factory in Rudong and found that 15 coils of copper core PVC insulated and sheathed wires produced and sold by the parties concerned had not been subject to compulsory product certification. The party concerned left the factory without authorization and sold copper core PVC insulated sheathed wires without compulsory product certification, which violated the provisions of Article 27 of the regulations of the people’s Republic of China on certification and accreditation. According to the provisions of Article 66 of the regulations, it was ordered to make corrections. For example, the market supervision bureau of Dong county imposed an administrative penalty of 80000 yuan on the party concerned and 398 yuan of illegal income was confiscated.
 
Typical significance
 
Wire and cable is the main carrier of power transmission, which is widely used in lighting, household appliances, electrical equipment and other aspects. Its quality directly affects the quality of engineering, electrical equipment and the safety of consumers’ lives and property. The successful investigation and handling of this case reflects the attitude and determination of the market supervision department to zero tolerance of fake and shoddy products and strict investigation and punishment of illegal acts in the field of people’s livelihood. It is of great significance to purify the market of wire and cable products, create a good safety environment, and regulate the healthy and orderly development of the wire and cable industry.
 
  Case 4

The case of a store in Tongzhou District selling gas stoves that do not meet the national standards for safeguarding human health and personal and property safety
 
Recently, the law enforcement officers of Tongzhou District Market Supervision Bureau found during the inspection of the parties’ business premises that the setting state of 21 pressure regulators to be sold in their business premises can be changed by turning the cross knob. There is another one monocular stove on site, which is not equipped with flameout protection device. After investigation, the party concerned sold products that did not meet the national standards to ensure human health and personal and property safety, in violation of the provisions of the second paragraph of Article 13 of the product quality law of the people’s Republic of China. The Tongzhou District Market Supervision Bureau ordered the party concerned to make corrections and imposed administrative penalties of confiscating the illegally sold products and fines.
 
Typical significance
 
The quality of gas stoves and accessories directly affects the safety of people’s lives and property. The pressure regulating valve involved in this case has a certain degree of concealment, and the illegal manufacturer attempts to continue to engage in illegal activities in this concealed way in order to seek improper interests. The investigation and handling of this case effectively stopped illegal acts in a timely manner, and played a warning and deterrent role to relevant market entities.
 
 Case 5

Tongzhou District Liu’s production of goods that infringe upon the exclusive right of others to use registered trademarks
 
On July 21, the law enforcement officers of Tongzhou District Market Supervision Bureau inspected the business premises of the parties and found that the parties had produced cloth labels in the form of”Hilton”. A total of 25280 cut cloth labels had been produced by the parties, and 48 uncut cloth labels (200/roll) had been produced, with a total of 34880 labels. After investigation, the parties involved were suspected of producing goods that infringed upon the exclusive right of others to use registered trademarks. The law enforcement officers of Tongzhou District Market Supervision Bureau took administrative coercive measures of seizure on the above-mentioned signs on the scene, and filed a case against the parties according to law.
 
Typical significance
 
Trademark infringement not only directly damages the legitimate interests of trademark owners and corporate image, but also damages the vital interests of ordinary consumers. As a mark production unit, the infringement of the parties in this case has the characteristics of huge number and wide range. The parties in this case did not stick to the bottom line and operated in violation of regulations, which provided great convenience for the counterfeiting and selling units and disrupted the market. The investigation of this case has a certain social influence and protects the legitimate rights and interests of obligees and consumers.
 
 Case 6

Qidong Lin’s case of unlicensed food production and Huang’s case of knowing that Lin’s unlicensed food production still provides him with business premises
 
Recently, after receiving a report from the masses, Qidong municipal Market Supervision Bureau inspected a soybean products processing plant and found that the processing plant had not obtained a food production license and business license. The investigation found that Lin was suspected of producing food without a license, and Huang was suspected of knowingly providing a food production site for Lin, in violation of the provisions of paragraph 1 of Article 35 and paragraph 2 of Article 122 of the food safety law of the people’s Republic of China, Qidong Market Supervision Bureau has filed and investigated the case separately, and the case is being further handled.
 
Typical significance
 
Food safety concerns the safety of people’s lives and property, which is of great importance. By investigating and dealing with Lin’s illegal acts, Qidong Market Supervision Bureau destroyed a dens for the production and processing of unlicensed food, guarded the safety of the people’s tongue, standardized the market order, and blocked regulatory loopholes; The investigation and punishment of Huang’s illegal acts can promote the relevant subjects to improve their awareness of legal responsibility, and can also crack down on the illegal acts of food production and management from the external source, which is conducive to improving the sense of responsibility of the whole society to jointly protect food safety.
 
  Case 7

Rugao Wang produced drugs without a drug production license
 
On July 21, Rugao Market Supervision Bureau inspected Wang’s production and business premises and found that the production premises of the party involved had multiple production equipment, raw and auxiliary materials, packaging materials, labels and labels, as well as several finished products. The products produced by him contained lidocaine, procaine and other ingredients with local anesthetic effect, which were mainly sold to beauty salons and stores for customers to play an anesthetic role and relieve pain when tattooing eyebrows and tattoos. Because the party concerned was unable to provide any effective production and business qualification materials on site, law enforcement officers took administrative enforcement measures against the party’s equipment, raw materials, finished products, etc. according to law. At present, the case is still under investigation and processing.
 
Typical significance
 
Drug safety concerns the lives and health of the people, the overall situation of social security and stability, and is an important livelihood issue. In this case, the party involved is suspected of producing drugs without a drug production license, and the production environment is dirty, messy and poor, which is a disregard for the drug safety and life safety of the people. The market supervision department will seriously investigate and deal with it, effectively strengthen drug safety supervision, and establish a scientific and perfect drug safety management system with the most rigorous standards, the most stringent supervision, the most severe punishment and the most serious accountability.
 
 Case 8

A restaurant in Rugao City engaged in food production and processing activities and issued false advertisements without registration
 
Recently, according to the report, the law enforcement officers of Rugao Market Supervision Bureau inspected the business premises of a restaurant in Rugao and found that the cooked food processed by the party concerned was on the shelves of pinduoduo platform stores, and external publicity has the effect of health preservation. After verification, the party involved engaged in food production and processing activities and issued false advertisements without registration, in violation of the provisions of the first paragraph of Article 10 of the regulations of Jiangsu Province on the administration of small food workshops and food vendors and the provisions of the first paragraph of Article 55 of the advertising law of the people’s Republic of China. According to the provisions of the regulations of Jiangsu Province on the administration of small food workshops and food vendors and the advertising law of the people’s Republic of China, It is decided to impose a fine of 12000 yuan on the party concerned.
 
Typical significance
 
Although the parties themselves are catering service providers, there are great differences between the licensing conditions and processing requirements of their food production and sale and the licensing conditions and processing requirements of food producers. They have exaggerated and falsely publicized ordinary food, and there are great food safety risks. This case aims to guide food business units to consciously abide by the law and effectively deter and warn advertising violations; It also warns individual businesses that product publicity should be appropriate in accordance with the law, and do not resort to fraud, so as to avoid self defeating and harming others.
 
 Case 9

Case of a commercial firm in the Development Zone selling food with added drugs
 
Recently, the market supervision bureau of the Development Zone found that the labels of five kinds of food stored in the health food sales counter of a commercial firm were incomplete. After sampling and sending for inspection, drug ingredients such as tadalafil and sildenafil were detected. The act of selling food with added drugs belongs to the illegal act of selling and adding other toxic and harmful food that may endanger human health, which has constituted a crime. The market supervision bureau of the development zone has transferred this case to the public security organ for investigation and handling.
 
Typical significance
 
In this case, a commercial firm selling food with illegal drugs may cause liver and kidney function damage to edible personnel, which has always been the focus of severe crackdown on food regulation. At the same time, as the majority of consumers, we should polish our eyes, be good at identifying hazardous food, know more about food safety related knowledge and relevant laws and regulations, dare to say”no” to food hazardous behaviors, and jointly create a good food safety environment.
 
 Case 10

A case of Haian Industrial Co., Ltd. continuing to use simple pressure vessels that have reached the design life and have not been inspected
 
On July 21, 2022, the law enforcement personnel of Hai’an Market Supervision Bureau carried out safety supervision and inspection on the special equipment of the parties. A simple pressure vessel was found on the site. The nameplate of the simple pressure vessel contained information such as”manufacturing time:February 2010; recommended service life of 7 years”. The parties were suspected of continuing to use the simple pressure vessel that has reached the design life and has not been inspected, In accordance with the provisions of Article 84 of the special equipment safety law of the people’s Republic of China, upon the approval of the person in charge, the market supervision bureau of Hai’an city has taken administrative compulsory measures to seal up the simple pressure vessels involved in the case, and the case is being handled.
 
Typical significance
 
Special equipment users often neglect the safety management of simple pressure vessels. However, if the pressure vessels that have reached the design life have not been inspected or safety evaluated, there are serious potential safety hazards. The investigation and handling of this case is not only a warning to the parties, but also effectively protects the personal and property safety of the people.
 
Draft:Zhang Jie