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Law

Illegal ingredients detected in black coffee purchased online

2024-09-24   

Nowadays, various types of coffee that promote miraculous effects such as weight loss and male enhancement are quietly entering the public eye, but little do they know that these coffees are likely to contain toxic and harmful ingredients. Recently, the Procuratorate of Yongjing County, Gansu Province, comprehensively fulfilled the functions of criminal prosecution and public interest litigation prosecution, and handled a criminal incidental civil public interest litigation case involving the online sale of "male enhancement coffee". In February of this year, Mr. Zhang from Yongjing, Gansu, noticed a black coffee sold by a live streaming sales female anchor while browsing the internet, and placed an order to buy 3 boxes. Coincidentally, while watching a short video, Mr. Kong also came across this female livestreamer who sells products. After learning about the benefits and price, he placed an order for 3 small packets of black coffee with a trial mentality. The next day, upon receiving the coffee, Mr. Kong found that the packaging was filled with incomprehensible foreign language without any Chinese explanations. It was also difficult to find this coffee online, and it was difficult to distinguish between the actual origin and manufacturer. This made Mr. Kong doubt the true efficacy of the coffee he bought, so he sought help from the police. In March, after accepting the case, the public security organs conducted a thorough investigation, and the clues quickly pointed to Mr. Ma. On April 4th, the public security organs arrested Ma and seized 29 boxes of black coffee at the scene. After inspection and identification by professional institutions, the ingredient "Tadalafil" was detected in this black coffee, which is a substance prohibited by the state from being added to food. According to the investigation by the public security organs, Ma was a migrant worker with no fixed income. He accidentally met a coffee salesperson and, after adding his contact information, purchased coffee at a low price from him. He then sold it to the public through short video live streaming at a higher price. Ma confessed to the act of knowingly selling coffee despite knowing that it contained toxic and harmful substances. Due to the sudden loss of contact with 'Shangjia' not long ago, Ma was unable to provide any other valuable clues. In the subsequent investigation process, the public security organs investigated and sorted out Ma's WeChat and short video data, and found that except for 29 boxes of unsold black coffee seized, only Mr. Zhang and Mr. Kong had purchased the coffee in the past month. In May, the public security organs transferred the case of Ma's suspected sale of toxic and harmful food to the Yongjing County Procuratorate for examination and prosecution. Although after exhausting all investigative methods, the existing evidence can only confirm the existence of two actual buyers, Ma's use of online platforms to sell toxic and harmful food may infringe upon the legitimate rights and interests of numerous unspecified consumers and harm the public interest After reviewing the case file materials, the prosecutor concluded that Ma did not have a legal and valid purchase voucher, could not provide the source, and knew that the black coffee contained prohibited substances for sale. His behavior was suspected of a crime and may also harm the public interest. Therefore, the clues were transferred to the public interest litigation department of the court. After investigation, on May 14th, the Yongjing County Procuratorate decided to file a criminal incidental civil public interest lawsuit against Ma for selling toxic and harmful food. On May 20th, the court fulfilled the announcement and other pre litigation procedures, and followed up on the investigation. During the announcement period, the investigating prosecutor investigated and questioned Mr. Zhang and Mr. Kong, and informed them of the specific content of the announcement. Both of them stated that they would not prosecute. As of the expiration of the announcement period, no other eligible plaintiffs have filed a lawsuit. At the same time, during the review and prosecution period in the court, Ma voluntarily pleaded guilty and accepted punishment, and signed a confession letter in the presence of the duty lawyer. On June 3rd, the Yongjing County Procuratorate filed a public prosecution against Ma. On June 20th, the court filed a criminal incidental civil public interest lawsuit against Ma for selling toxic and harmful food that harmed the personal health rights and interests of consumers. After the court hearing, on June 27th, the court made a judgment on the case, sentencing the defendant Ma to six months' imprisonment, suspended for one year, and fined 1000 yuan; Ma shall not engage in food production management work for life, nor shall he serve as a food safety management personnel in food production and operation enterprises; Confiscate Ma's illegal gains and two criminal mobile phones, and destroy the 29 boxes of black coffee seized by the market supervision department; Ma paid punitive damages of ten times the sales price within 30 days of the judgment taking effect, and publicly apologized to the society in the media. At present, the above judgment has come into effect. (New Society)

Edit:HAN ZHUOLING Responsible editor:CAICAI

Source:www.legaldaily.com.cn

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