【 Case 】 Peng purchased 4 pieces of "pressure slimming candy" from an online store opened by an e-commerce company, and paid a total of 1475.60 yuan for the goods. After receiving the above-mentioned goods and consuming some of them, Peng found that the packaging box of the goods indicated a shelf life of 24 months, but there was no spray code identification of the relevant production date. Peng did not find any information about the manufacturer online. Peng filed a lawsuit to the court, demanding that an e-commerce company refund the payment of 1475.60 yuan and pay a punitive damages ten times the amount of the payment. The court held that a certain e-commerce company, as a food operator, sold a "certain pressure slimming candy" without a production date label and a fictional manufacturer on an e-commerce platform, which falls under the category of "producing food that does not meet food safety standards or operating food that knowingly does not meet food safety standards" under the Food Safety Law. The court ruled that a certain e-commerce company refunded Peng 1475.60 yuan in payment, And pay a compensation of 14756 yuan, which is ten times the amount of the payment for the goods. According to Article 148 of the Food Safety Law, if a consumer produces food that does not meet food safety standards or knowingly sells food that does not meet food safety standards, they may not only demand compensation for losses, but also demand compensation from the producer or operator for ten times the price or three times the loss. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Food Safety (1) stipulates that if the production and operation of pre packaged food do not indicate the producer's name, address, ingredients or ingredient list, or do not clearly indicate the production date and shelf life, consumers claim that the producer or operator shall bear punitive compensation liability in accordance with Article 148 (2) of the Food Safety Law, The people's court should support it, unless there are other provisions in laws, administrative regulations, and national food safety standards for labeling matters. Based on this, the court made the above judgment. The judge reminded that there are certain risks hidden in online food purchases. For example, the lack of production date information on the labels of pre packaged food packaging makes it difficult for consumers to make judgments on food safety, posing a significant risk of harm to their physical health and life safety. When consumers purchase food online, they should improve their safety awareness and identification ability, and safeguard their legitimate rights and interests. (New News Agency)
Edit：Wang Chen Responsible editor：Jia Jia
Source：People.cn
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