A seller selling weight loss capsules without product labels in Beijing has been fined a refund and paid ten times compensation for violating food safety laws

2023-06-20

Recently, the People's Court of Fangshan District in Beijing tried a case of product seller's liability dispute caused by the purchase of weight loss capsules. The defendant in this case was sentenced to return the entire payment for the goods sold and pay ten times the amount of compensation for violation of the Food Safety Law of the Food safety in China and other provisions. The court found out after hearing that the plaintiff Xiaoshuai (pseudonym) negotiated with the defendant Xiaomei (pseudonym) about the purchase of weight loss products through WeChat. Later, Xiaoshuai proposed to Xiaomei to purchase weight loss capsules, and transferred money to Xiaomei's Alipay account through his Alipay account to purchase 70 weight loss capsules. Afterwards, Xiaomei shipped the goods to Xiaoshuai Express. Later, Xiaoshuai asked Xiaomei again to buy three bags of weight loss capsules, and transferred money to Xiaomei's Alipay account again through her Alipay account. Afterwards, Xiaomei once again shipped the goods to Xiaoshuai Express according to the agreement. After taking it for a period of time, Xiaoshuai expressed that he was feeling unwell. After unsuccessful communication with Xiaomei regarding compensation, he sued the court and demanded a refund and compensation from Xiaomei. During the trial, both the plaintiff and defendant unanimously confirmed that the products involved in the case were packaged in transparent plastic bags, and there were no product labels or instructions on the outer packaging. Xiaomei was also unable to provide relevant qualification certificates for weight loss capsules. After the court heard the case, it was held that the products involved in the sale and purchase of the two parties in this case were used for weight loss and consumption, and were uniformly shaped capsules, which had been quantitatively packaged and should belong to pre packaged food. The products sold by Xiaomei to Xiaoshuai in the case do not have any product labels, which violates the rule that "pre packaged food should have labels on the packaging". Producers and sellers of food should bear the burden of proof that the food meets the quality standards. Xiaomei has not provided evidence regarding product quality or other aspects. Therefore, the court follows the relevant provisions of "if consumers produce food that does not meet the food safety standards or knowingly operate food that does not meet the food safety standards, they can not only demand compensation for losses, but also demand compensation of ten times the price or three times the loss from the producer or operator", Make the aforementioned judgment in accordance with the law. At present, the judgment in this case has taken legal effect. ■ The judge said that according to Article 67 of the Food Safety Law of the Food safety in China, the package of prepackaged food should be labeled. The label should indicate the following items: (1) name, specification, net content, and production date; (2) List of ingredients or ingredients; (3) The name, address, and contact information of the producer; (4) Shelf life; (5) Product standard code; (6) Storage conditions; (7) The common name of the food additives used in national standards; (8) Production license number; (9) Other matters that should be indicated by laws, regulations, or food safety standards. The label of main and auxiliary foods specifically designed for infants, young children, and other specific populations should also indicate the main nutritional components and their content. If there are other provisions on labeling and labeling in the national food safety standards, their provisions shall prevail. Therefore, consumers should purchase products from legitimate channels and carefully review food labels to avoid causing harm to their physical health. And operators also need to strictly regulate their operations in accordance with relevant laws and regulations, and inspect whether their purchases comply with food safety standards. According to Article 14 of the Food Safety Law of the Food safety in China

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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