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Original title: Imported food no Chinese label Consumers can claim 10 times compensation
Mr. Li from a company to buy 25 bottles of imported Japanese sake, he found that these sake packaging did not have a Chinese logo. So Mr. Li sued the court, demanding that the company pay 10 times the price. A few days ago, Haidian court closed the case. A court office paid Mr. Li 10 times the damages.
Li sued, on June 1, 2016, he purchased 25 bottles of Japanese sake at the defendant's store for a company dinner for a total of 6,500 yuan. After buying the wine back, he found that the sake had no Chinese and could not get information about the sake. Mr. Li then took the defendant company to court, asking the court to order the defendant company to refund the purchase price and make 10 times the compensation.
, the defendants argued that although they did not have a Chinese mark, they were merely in violation of the rules, did not have food safety problems and would not cause harm, and therefore disagreed with Mr. Li's claim.
Haidian court heard that Mr. Li in court produced a receipt issued by the defendant company and a small ticket, the defendant company also recognized the sale of the liquor involved in the case to Mr. Li, the two sides set up a legal and effective contract relationship between the sale. According to the regulations, imported prepackaged food and food additives shall have Chinese labels, and Chinese shall not be imported if they do not conform to the regulations. Japanese sake sold by the defendant company is not marked with Chinese and shall be deemed to be non-compliant with food safety standards. In the end, the court ups and downs mr. Li's claim for a refund and 10 times the damages.
Judge: Consumers should keep shopping tickets, invoices, etc
Haidian court judge said, according to the provisions of the Food Safety Law, imported prepackaged food, food additives should have Chinese labelsChinese; The labels and instructions shall comply with the requirements of this Law and other relevant laws and administrative regulations of our country and the national standards for food safety, and shall state the name, address and contact information of the origin of the food and the domestic agents. If there are no labels, Chinese instructions or Chinese or instructions in the pre-packaged food that do not conform to the provisions of this Article, they shall not be imported.
the production of food that does not meet food safety standards or that the operation knowingly does not meet food safety standards, consumers may, in addition to seeking compensation for losses, also demand compensation from producers or operators for 10 times the price or 3 times the loss. Regardless of whether the imported food quality problems, as long as not in accordance with the provisions of the food safety law, the packaging on the Chinese logo, it does not meet food safety standards, consumers can request a refund return and 10 times compensation.
Haidian court judge reminded that consumers in the protection of their rights, should also pay attention to the preservation of evidence, not only to keep good shopping tickets, receipts, invoices and other shopping vouchers, but also to properly keep the contents of the food purchased and packaging intact, to prevent damage and loss.