A man bought 18 boxes of cans sold by an e-commerce company in Beijing on the internet. When the goods arrived, he found that the pre-packaged cans were all in foreign languages, without any Chinese labels. He filed an e-commerce complaint with the court. Yesterday (20) the reporter learned from the Shunqing District People's Court that the defendant's company had violated the Food Safety Law and other provisions in the first instance of the court. According to the law, the company was sentenced to return the money to the man and compensated for 10 times the money.

 

 

 

There is no Chinese identification label for canned online shopping.

 

 

 

Tang Shenglong, 26, lives in Shunqing district. On August 18, 2016, Tang Shenglong purchased 18 boxes of canned fruits from an online shopping mall operated by an e-commerce company in Beijing. The product was displayed on the Internet as canned fruits exported to an Asian country at a unit price of 69 yuan. Tang Shenglong paid 970.2 yuan after preferential treatment. On the same day, the e-commerce company sent goods to Tang Sheng long through express delivery. In August 21st, Tang Shenglong received these 18 boxes of canned fruit. However, after receiving the goods, Tang Shenglong found that the packaging of canned goods was in foreign languages, but there was no Chinese label.

 

 

 

Tang Shenglong had a foolish look. He didn't know any of these words. So, can these cans be eaten in the end? How much can you eat? What are the points for attention? How to store it? How long is the shelf life? He could not see clearly, nor could he find anyone who knew the foreign language to help translate. Tang Shenglong was very depressed. He consulted his lawyers and friends and learned that the practices of this e-commerce company in Beijing had violated the provisions of the Food Safety Law and the General Principles for Prepackaged Food Labelling of National Food Safety Standards. He then brought the matter to the People's Court of Shunqing District on December 7, 2016. Civil action.

 

 

 

Suing the electricity supplier for return and compensation

 

 

 

The people's Court of Shunqing District heard the case open to the public in accordance with the law.

 

 

 

When the plaintiff Tang Shenglong tried, he believed that after he bought the canned fruits online, he found that the canned fruits had no Chinese label, and could not know the relevant information of the manufacturer, raw materials, food additives, production license, origin and so on. After inquiry, he found that the product did not meet the food safety standards, nor did it conform to the food safety standards. In accordance with the provisions of the Food Safety Law, according to Article 148, paragraph 2, of the Food Safety Law, the defendant shall pay the plaintiff 10 times the amount of compensation in addition to restoring the goods. To this end, the plaintiff Tang Shenglong filed a lawsuit request to the court: ordered the defendant to return the goods from an e-commerce company in Beijing and pay 10 times the compensation.

 

 

 

After being summoned by the court, the defendant of an e-commerce company in Beijing did not appear in court to participate in the lawsuit, nor did he submit a written defense and related evidence to the court. The court conducted a trial in absentia according to law.

 

 

 

Court decision refund and 10 times compensation

 

 

 

After hearing, the Shunqing District People's Court held that the order information provided by the plaintiff Tang Shenglong indicated that on August 18, 2016, he had purchased 18 boxes of canned fruits from an e-commerce company in Beijing on the Internet in a shopping mall, and the two parties had formed a sales contract relationship.

 

 

 

Although the canned fruits sold by the merchant are listed on the sales website as exported abroad, they are actually food sold at home. According to the relevant provisions of Article 67 of Food Safety Law and General Rules for Prepackaged Food Labelling of National Food Safety Standards, the labeling of pre-packaged food sold in China must use standardized Chinese characters, including food name, ingredient list, net content and specifications, the names, addresses and specifications of producers and operators. Contact information, production date and shelf life, storage conditions, food production license number, product standard number and other contents to be marked.

 

 

 

The defendant's act is to sell food that does not meet the food safety standards. The defendant's act is to sell food that does not meet the food safety standards. The defendant's act is in violation of the relevant provisions of the Food Safety Law and the General Principles for the Labelling of Food Prepackaged in the National Food Safety Standards. As a company dealing with food sales on the Internet, the defendant company knows that pre-packaged food must have Chinese labels and other basic knowledge. It sells pre-packaged food in full foreign language, which belongs to the food that is known to be incompatible with food safety standards. As an ordinary consumer, the plaintiff Tang Shenglong is not familiar with the foreign language and is involved in the case of his purchase. Whether the food is suitable for individual consumption and the cost-effectiveness of the product is difficult to make a rational judgement, which is misleading. Therefore, the plaintiff Tang Shenglong's reason for asking for a refund is valid, and the plaintiff Tang Shenglong can return the 18 cases of goods he received. At the same time, the plaintiff asked the defendant to pay 10 times the compensation for the price in accordance with the law, and the court supported it.

 

 

 

On March 17, 2017, the People's Court of Shunqing District issued a judgment of first instance. Within 10 days after the judgment came into effect, the defendant, a Beijing e-commerce company, returned more than 970 yuan of food price to the plaintiff Tang Shenglong and paid more than 9700 yuan of compensation to the plaintiff Tang Shenglong. (characters in the text are pseudonyms)

 

 

 

Lawyer's statement

 

 

 

Sales of unsafe food in addition to refund 10 times the price of compensation

 

 

 

Lawyer Lei Zhen: General Rules for Pre-packaged Food Labelling of National Food Safety Standards stipulate that (Pre-packaged Food Labelling) standard Chinese characters (except trademarks) should be used. All kinds of artistic characters with decorative functions should be written correctly and easily identified. Foreign languages may be used at the same time, but they should correspond to Chinese (except trademarks, manufacturers and addresses of imported food, names and addresses of foreign distributors and websites). All foreign languages should not be greater than the corresponding Han.