Wang Tian claimed that he learned about a health product produced by Dahe Company through its website that it had magical effects in treating various diseases, and then paid 11,160 yuan to buy the health product through the official online store. After taking the health product, he felt uncomfortable and went to the hospital, where he was diagnosed with acute gastroenteritis. After investigation, it was found that the product did not have a production license, and its production standards had not been filed as "food safety enterprise standards", which did not have the function of health care and disease prevention and treatment. Wang Tian was defrauded by Dahe Company's false advertising, and his health and property were actually damaged by buying and using health products that did not meet food safety standards. Dahe Company should compensate for the losses and bear corresponding punitive compensation liability.
Dahe Company argued that the health products produced by the company had been officially certified, without any safety risks. Wang Tian's demand for the company to bear product liability lacked factual basis.The company had never made false publicity about the health products it produced, so it asked the people's court to reject Wang Tian's lawsuit.
Court hearing The court heard that the health products produced by Dahe Company belong to the category of food. The company produced the above products without obtaining the approval documents of health food and not in accordance with the food safety standards, and operated in accordance with health food and claimed that it has health care functions. It obviously belongs to false propaganda, exaggerates the role of the product, and misleads the consumer's consumption behavior.Although Dahe Company has defended itself by having obtained the food production license, but its time of obtaining the food production license is much later than Wang Tian's purchase of the health products. Therefore, when Wang Tian purchased the products involved, Dahe Company had not yet obtained the approval documents of health food and did not meet the food safety standards. Now Wang Tian has purchased unsafe products from Dahe Company and caused damage to Wang Tian. Now it is required by the law to require the producer Dahe Company to return the purchase price of 11,160 yuan and pay ten times the compensation of 111,600 yuan. It has facts and legal basis, and the court finally made the above judgment.
After the judgment, Dahe Company filed an appeal, and the second instance court upheld the original judgment, which has come into effect.
With the development of medical science and technology and the improvement of economic and living conditions, the masses are paying more attention to their own health, so as to invest more consumption in daily physical health care. In the process of purchasing health care products, consumers are often due to the status of producers and consumers is not equal, information asymmetry by some bad businesses false propaganda to buy products that do not meet the safety standards.
"The People's Republic of China Law on the Protection of Consumer Rights and Interests" article 20 stipulates: operators to provide consumers with information about the quality, performance, use, expiration date and other information of commodities or services, shall be true, comprehensive, shall not make false or misleading propaganda.Therefore, the product operators have the obligation to truthfully disclose the real information of products to consumers, the operators who violate this obligation shall bear corresponding legal responsibility.The People's Republic of China Food Safety Law" article 148 stipulates that consumers who are harmed by food that does not meet the food safety standards can demand compensation for losses from operators, and can also demand compensation for losses from producers.
In addition to demanding compensation for losses, consumers can also demand compensation for ten times the price or three times the loss from producers or operators for producing food that does not meet the food safety standards or knowingly operating food that does not meet the food safety standards.The above laws provide for the application of punitive damages to producers and operators of food health care products. In this remind the vast number of consumers, when buying health care products should carefully understand the product information, verify whether the product meets the relevant safety standards stipulated by the state, if due to take health care products do not meet the safety standards cause their own damage, should take up the legal weapon in a timely manner, to the product producer or operator claim compensation for losses and pay punitive damages. The court also reminds health care products producers and operators to actively fulfill the obligation of information disclosure, in accordance with the national standards for legal production and operation.
This article is transferred from Beijing haidian Court, and thanks for it.