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Issued by Zhejiang Provincial Administration for Industry and Commerce
Typical cases of consumer infringement in 2017
Today, the editor is non-stop
Sent a second wave of “Top Ten”
From the Shanghai Municipal Administration for Industry and Commerce
Top 10 typical consumer infringement cases
1
Toddler formula
False propaganda
Claims to be an alternative to breast milk
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case
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In order to better sell its products, the parties designed, produced and released the advertising slogans “Continue the good nutrition of breast milk” and “light taste without fire, and can be mixed with breast milk alternately” on its official website (www.suprememil.com), aiming to promote to the public that Kangxi Gaogao infant formula can partially or completely replace breast milk. At the same time, in order to recommend “Maren Bacteria House” related children’s food, on the official website design, production and release “help reduce 2 major intestinal problems: constipation, diarrhea; Enhance more than 3 kinds of nutritional effects, help energy digestion and absorption, promote the absorption of nutrients, and enhance immune system function.” The above behavior violates the relevant provisions of the Advertising Law of the People’s Republic of China and constitutes the publication of illegal advertisements.
punish
Order the person concerned to stop publishing the advertisement
Eliminate impact
A fine of RMB 140,000
2
85 degrees C meat floss bread
It is used with meat meal floss
Hexia (Shanghai) Catering Management Co., Ltd. is the operator of “85°C”, “85°C” and “85°CDaily Cafe” restaurant chain brands. Since October 2015, the parties have made and sold two products, “smoked chicken pine bread” and “spicy fragrant pine bread” made with the same raw materials through 43 branches (stores) in Shanghai, and the product descriptions in the store are “smoked chicken pine bread, meat floss bread with smoked chicken, slightly spicy, elastic taste, sales price 11.0 yuan / piece” and “spicy fragrant pine bread, Japanese sweet dough, with spicy meat floss, sales price 8.0 yuan / piece”. After investigation, in order to reduce the production cost of bread and increase competitive advantage, the parties used meat powder floss as raw materials to make the above two products. The above-mentioned acts of the parties violated the relevant provisions of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests.
Order the person concerned to stop the illegal act
Eliminate the impact and fine $150,000
3
In the form of free experience, etc
Sale of fake health products to the elderly
Shanghai Yongshuo Biotechnology Co., Ltd. mainly sells “Jianzhixing” related heating pad products. The parties attracted the elderly to experience products through free eggs, free experiences and “home visits”, and at the same time advertised their product components in the form of “health classes” that they were rich in trace elements, which could strengthen the body, treat various diseases, and sell products after gaining the trust of the elderly.
After investigation, the products sold by the parties were produced by “Nanjing Kangxiao Electronic Products Co., Ltd.”, and the products held by the company under the national industrial product production license belonged to “electric blankets”, and did not have any information on the licensing of health products, drugs and medical devices. The above-mentioned acts of the parties violated the relevant provisions of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests.
Fengxian District Market Supervision Bureau in accordance with the law
Administrative punishments are imposed on the parties
4
Watch repair center
Minor ailments overhauled
No disease disorderly repair
Shanghai Lanjing Trading Co., Ltd. is mainly engaged in watch repair and maintenance business, and the store is called “watch repair center”. Some consumers reported that the store had “minor illnesses and major repairs, no illnesses and random repairs, and maintenance personnel lacked professional certification”.
After investigation, the parties did not clearly mark the price of the repaired parts in the course of operation, and could not provide the source of purchase and vouchers of the parts used in the watch repair business. The above-mentioned acts of the parties violated the relevant provisions of the Price Law of the People’s Republic of China and the Regulations of Shanghai Municipality on the Protection of Consumer Rights and Interests.
Order corrections and warn
A fine of RMB 50,000
5
Take advantage of the interactive encyclopedia
and its own website
False claims about food efficacy
Shanghai Xinzhiyuan E-commerce Co., Ltd. is mainly engaged in the Internet sales of “Polar Algae 5S”, “Ballantang Salt Algae Astaxanthin”, “Bailingtang Salt Algae” and other foods. The parties signed the Service Contract with Beijing Interactive Encyclopedia Network Technology Co., Ltd., and had five entries on the Interactive Encyclopedia platform, including “Polar Algae 5S”, “Polar Core 5S”, “Ballantang Salin, Astaxanthin”, “Ballantang Salin, and Ballantang Tang Will”. The parties used the above terms to publicize and make consumers mistakenly believe that the food “Ballantine Salin” and “Ballantine Salin” had clinical medical effects by replacing “Astaxanthin” in the clinical medical report with “Ballanti-Aging Astaxanthin” and fabricating the relevant content in the Anti-Aging Holy Book. At the same time, it uses its own website to fabricate the results of scientific research institutions and scientific research data, so that consumers mistakenly believe that “Ballantine Polar Algae 5S” is effective for diseases. The above-mentioned acts of the parties violated the relevant provisions of the Advertising Law of the People’s Republic of China and constituted the publication of false advertisements.
Order the person concerned to stop publishing the relevant advertisement
and eliminate the impact to the appropriate extent
The total fine was more than 300,000 yuan
6
In order to increase the popularity of its cosmetics
Swipe orders for discontinued products
Shanghai Zeyu Biotechnology Co., Ltd., an enterprise mainly engaged in cosmetics sales, has opened a “Zecross flagship store (website https:// zecross.tmall.com)” online store on Tmall Mall. In order to enhance the popularity of the cosmetics they sold, the parties uploaded the discontinued “Biopox Gramjin” product pictures and other information to the above-mentioned online store, and arranged for the person in charge of the online store, Luo, to find others to fabricate 212 transaction records at a price of 5 yuan per transaction, the actual price of the fictitious transaction was 168 yuan per stick, and the party paid a total of 1,060 yuan for the fictitious transaction through Luo. The above-mentioned conduct of the parties violated the relevant provisions of the Measures for Punishment of Acts Infringing on Consumer Rights and Interests.
and a fine of 10,000 yuan
7
“under armour”
Women’s knitted sportswear
UV protection
The explicit advertisement value requirement is not met
In January 2016, Ande Ace Trading (Shanghai) Co., Ltd. entrusted the company to import “Under Armour” brand women’s knitted sportswear (model number: 1271523-899), and adopted three forms of external sales on its official website, self-operated stores and wholesale. The garment’s hang tag is marked with the words “UPF30+” (UV Protection Factor).
In July 2016, in the sampling inspection organized by the market supervision department, after testing by a third-party testing agency, the “Under Armour” brand sold by the parties on their official website, model number 1271523-899, the anti-ultraviolet performance of women’s knitted sportswear did not meet the requirements of the explicit publicity value (UPF30+). The above-mentioned acts of the parties violated the relevant provisions of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests, and constituted an act of false or misleading publicity of goods.
Order the parties to make corrections
Confiscate illegal gains and fine a total of more than 70,000 yuan
8
In order to increase operating income
Consumers are required to accept their uniform offerings
Twelve fee-based service items
Shanghai Yunfeng Songjiang Automobile Sales and Service Co., Ltd. is mainly engaged in automobile sales and corresponding after-sales service and other business activities. Since July 2016, in order to increase business income in the process of car sales, the parties have required consumers to accept 12 fee-based service items such as “vehicle breakdown rescue”, “vehicle knowledge academy lecture” and “car club membership card” provided by them against their will, and pay a certain amount of service fees. The above behavior violates the relevant provisions of the Shanghai Regulations on the Protection of Consumer Rights and Interests, and constitutes an illegal act of “forcing consumers to accept services”.
Order the person concerned to correct the illegal conduct
and fined RMB 90,000
9
Combine non-organic vegetables with organic vegetables
Mixed packaging
He was fined $500,000
From September 2014 to May 2016, in the course of selling organic vegetables under the “Shangshanyuan” brand in the city, the party Shanghai Rongbang Investment Management Co., Ltd. passed off non-organic vegetables as organic vegetables by mixing non-organic vegetables with organic vegetables and making false product descriptions, and sold them to the outside world at the price of “Shangshanyuan” brand organic vegetables. The above-mentioned acts of the parties violated the relevant provisions of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests.
A fine of RMB 500,000
10
“G-STAR RAW”
The costume does not conform
Technical requirements
In early 2015, Polestar Apparel Trading (Shanghai) Co., Ltd. purchased men’s coats under the “G-STAR RAW” BRAND NUMBER 82956F.7275.4213 and the “G-STAR RAW” BRAND TYPE 94232E.5871.857 KNITTED SKIRTS (WASHED PRODUCTS) FOR EXTERNAL SALE. In the sampling inspection organized by the industry and commerce department, after testing by a third-party testing agency, the above two garments did not meet the technical requirements such as color fastness to perspiration and color fastness to rubbing, and were judged to be unqualified products. The above-mentioned acts of the parties violate the relevant provisions of the Product Quality Law of the People’s Republic of China and constitute the sale of products that do not meet the standards and requirements for protecting human health and personal and property safety.
Order the parties to stop selling substandard products
A total of 94 pieces of substandard clothing were confiscated
A total of more than 1.49 million yuan was fined and confiscated
Produced by the editorial department of China Consumer News New Media
Source: China Consumer Daily · China Consumer Network Shanghai Municipal Administration for Industry and Commerce
Author/Liu Hao
Editor/Li Xiaoyu
Executive Producer/He Yongpeng Tian Zhenxiang
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