The General Administration of Municipal Supervision focused on exposing ten cases of infringement on consumers’ rights and interests, involving food and other fields.
On the eve of "3.15" Consumer Rights Day, the General Administration of Market Supervision (hereinafter referred to as "the General Administration of Market Supervision") focused on exposing a number of typical cases that seriously violated the legitimate rights and interests of consumers, involving food, special equipment, important industrial products and intellectual property rights.
On March 14th, The Paper reporter learned from the General Administration of Municipal Supervision that up to now, local market supervision departments have listed more than 700 market entities on the list of serious violations of law and dishonesty, and publicized them to the public according to law through the national enterprise credit information publicity system. By publicly exposing typical cases of serious illegal and untrustworthy lists, it will effectively deter illegal acts that infringe on consumers’ rights and interests and vigorously create a good consumption environment.
The Measures for the Administration of the List of Serious Violations and Dishonesty in Market Supervision and Management, which was implemented in September 2021, clarified the specific situations of serious violations of consumers’ legitimate rights and interests in the fields of food, medicine, quality and safety and fair competition in Articles 5 to 10, and included illegal acts with bad nature, serious circumstances and great social harm in the list management of serious violations and dishonesty.
The General Administration of Municipal Supervision said that the next step will be to guide local market supervision departments to strengthen the protection of consumers’ legitimate rights and interests, actively create a safe and secure consumption environment, and boost high-quality economic and social development.
The typical cases of the list of serious violations of law and trust in this exposure are as follows:
1. The Market Supervision Bureau of Ji ‘an City, Jiangxi Province listed Jiangxi Likele Biotechnology Co., Ltd., which illegally added drugs in food production, as a serious illegal and untrustworthy list.
On June 21, 2021, after receiving reports from the masses, the Jizhou District Market Supervision Bureau of Ji ‘an City conducted a sampling test on the mixed wine produced by Jiangxi Likele Biotechnology Co., Ltd., and the test results were judged to be unqualified. After investigation by Ji ‘an Municipal Market Supervision Bureau, the parties illegally added sildenafil, tadalafil and other drugs in the production of "Yubao" wine and "Jinjiuhan" wine, which seriously affected people’s lives, health and safety.
The illegal addition of drugs to food seriously endangers people’s health and life safety, violates the Food Safety Law and other laws and regulations, and has obvious subjective malice and bad nature. Ji ‘an Municipal Market Supervision Bureau has imposed administrative penalties on the parties according to law, such as revoking food production licenses and restricting employment. At the same time, according to the provisions of Articles 2 and 5 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
2. The Yishui County Market Supervision Bureau of Linyi City, Shandong Province listed Yimeng Yili Food Co., Ltd., which produces unqualified food, in the list of serious violations of law and dishonesty.
Since 2020, Yishui Yimeng Yili Food Co., Ltd. has been fined several times and ordered to stop production and business for one month due to problems such as the protein content of ice cream does not meet the national standards, the total number of colonies exceeds the standard, and the label is unqualified.
In view of the fact that the parties concerned ignore the health and life safety of consumers, and there is a situation of "repeated prohibition and repeated punishment", according to the relevant provisions of the Food Safety Law and the Administrative Punishment Discretion Benchmark of Shandong Market Supervision Administration (Trial), Yishui County Market Supervision Bureau revoked its food production license according to law. At the same time, according to the provisions of Articles 2 and 5 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
3. Jiangyin City Market Supervision Bureau of Jiangsu Province listed Jiangyin Longmin Food Co., Ltd. as a serious illegal and untrustworthy list.
On March 12, 2021, Jiangyin Longmin Food Co., Ltd. was fined 5,000 yuan by Jiangyin Market Supervision Bureau for producing and selling foods with false labels; On January 8, 2021, the old-fashioned cake produced by the party was found to have added the preservative natamycin in excess. On April 6, 2021, the party concerned was fined 50,000 yuan by Jiangyin Municipal Market Supervision Bureau for producing and operating foods that used food additives in excess; On September 1, 2021, the soft-hearted orange cake and old cake produced by the parties were found to have added preservatives in excess. On November 10, 2021, the party concerned was fined 50,000 yuan by Jiangyin Municipal Market Supervision Bureau for producing and operating food with excessive use of food additives.
Because the parties have been subjected to administrative punishment for more than three times in one year, according to the relevant provisions of the Food Safety Law and the Regulations on the Implementation of the Food Safety Law, Jiangyin Municipal Market Supervision Bureau ordered the parties to stop production and business for 7 days. At the same time, in view of the situation of "repeated prohibition and repeated punishment", Jiangyin Municipal Market Supervision Bureau listed the parties on the list of serious violations of law and dishonesty in accordance with Articles 2 and 5 of the Measures for the Administration of List of Serious Violations of Law and Trustworthiness in Market Supervision and Management.
4. Beijing Xicheng District Market Supervision Bureau listed Beijing Hengdida Trading Co., Ltd., which illegally engaged in business assembly and modification of electric bicycles, on the list of serious violations of law and dishonesty.
On August 30, 2021, the law enforcement officers of Beijing Xicheng District Market Supervision Bureau found that the appearance of the five electric bicycles sold by the parties was inconsistent with the appearance stated on the certificate, and they were suspected of illegally engaging in business assembly and modification of electric bicycles. Tested by Beijing Automobile Testing Center for Product Quality Supervision and Inspection and National Automobile Quality Supervision and Inspection Center, the size limit of the suspected vehicle does not meet the requirements of Technical Specification for Safety of Electric Bicycles (GB17761-2018).
Beijing Xicheng District Market Supervision Bureau imposed an administrative penalty of confiscation of modified vehicles and a fine of 50,000 yuan on the parties in accordance with the relevant provisions of the Product Quality Law and the Regulations of Beijing Municipality on the Administration of Non-motor Vehicles. At the same time, according to the provisions of Articles 2 and 7 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
5. Guigang City Market Supervision Bureau of Guangxi Zhuang Autonomous Region listed Guigang Tianxin LPG Cylinder Testing Co., Ltd., which forged, fraudulently used other people’s factory names, and used others’ influential enterprise names without authorization, on the list of serious violations of law and dishonesty.
On October 9, 2021, during the supervision and inspection, law enforcement officers of Guigang Market Supervision Bureau of Guangxi Zhuang Autonomous Region found that there were coding tools and a large number of brand-new inspection rings in the accessories room of the parties. It was found that the inspection units marked by the inspection rings manufactured by the parties concerned did not exist, and the inspection rings of nine enterprises including Hechi Sanding Cylinder Inspection Co., Ltd. were used without authorization, totaling 110,000.
The parties’ forgery and fraudulent use of other people’s factory names violated the relevant provisions of the Anti-Unfair Competition Law and the Product Quality Law, and the number of products involved was large. Guigang Municipal Market Supervision Bureau imposed administrative penalties on the company according to the principle of heavier punishment, such as ordering to stop the illegal behavior and fined 230,000 yuan. At the same time, according to the provisions of Articles 2 and 9 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
6. The Market Supervision Bureau of Yili Kazak Autonomous Prefecture of Xinjiang Uygur Autonomous Region listed Yili Mengsheng Trading Co., Ltd., which issued a false test report, on the list of serious violations of law and dishonesty.
On December 3, 2021, the law enforcement officers of Yili Market Supervision Bureau of Xinjiang Uygur Autonomous Region found in their daily inspection that the parties employed Amou and Wumou who had not obtained the "Special Equipment Inspection and Inspection Personnel Certificate" to engage in gas cylinder inspection. Moreover, the key tests such as hydraulic pressure test and air tightness test were not carried out in accordance with the standard of "Periodic Inspection and Evaluation of Compressed Natural Gas Metal Liner Fiber Ring Wound Gas Cylinders for Automobile" (GB24162-2009). At the same time, the names of inspectors Yang and Zhang who signed the "Special Equipment Inspection and Testing Personnel Certificate" were issued in the report, and a total of 3,672 false test reports were generated.
With the in-depth investigation, law enforcement officers also found that from December 10, 2020 to December 1, 2021, the company also issued 2,323 false inspection reports with the inspection conclusion of "qualified" and forged 24 copies of the factory certificate of vehicle gas cylinders that were not disassembled or were not transported to the inspection site of Yili Mengsheng Trading Co., Ltd. only based on the vehicle and gas cylinder information provided by the owner or driver.
The act of forging and issuing false test reports by the parties violated the relevant provisions of the Law on Safety of Special Equipment. The market supervision bureau of Yili Prefecture severely punished the parties according to law, and imposed a fine of 200,000 yuan on the parties and a fine of 50,000 yuan on the directly responsible person in charge. At the same time, in view of the obvious subjective malice and bad nature of the parties, the market supervision bureau of Yili Prefecture listed the parties in the list of serious violations of law and dishonesty in accordance with the provisions of Articles 2 and 7 of the Measures for the Administration of the List of Serious Violations of Law and Trustworthiness in Market Supervision and Management.
7. The Market Supervision Bureau of Zhumadian City, Henan Province listed the North Gas Station of Tongshan Avenue of Huazhong Industrial Co., Ltd., which sells unqualified gasoline, on the list of serious violations of law and dishonesty.
On September 15th, 2021, the Development Zone Branch of Zhumadian Market Supervision Bureau conducted random sampling inspection on the quality of the "E95 vehicle ethanol gasoline" of the party concerned according to law, and found that the party concerned sold substandard motor vehicles, boats and off-road mobile machinery fuels.
The Zhumadian Municipal Market Supervision Bureau made an administrative penalty decision of 38,389.5 yuan for the same illegal act on July 28, 2020. At the same time, according to the provisions of Articles 2 and 7 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
8. The Market Supervision Bureau of Ezhou City, Hubei Province listed Liu Xuefen (natural person), who sells batteries infringing the exclusive right to use trademarks, on the list of serious violations of law and dishonesty.
On November 19th, 2021, law enforcement officers of Ezhou Market Supervision Bureau of Hubei Province conducted on-site inspection according to the report and found that there were 149 No.1 Nanfu batteries, 5,701 No.5 Nanfu batteries and 9,642 No.7 Nanfu batteries in the trunk and warehouse of the vehicle. Appraised by Fujian Nanping Nanfu Battery Co., Ltd., the above-mentioned batteries involved are counterfeit products that infringe Nanfu’s trademark exclusive right. After investigation, since October 2020, the parties concerned began to purchase and sell batteries that infringed Nanfu’s exclusive right to use trademarks, and the illegal business amount was 22,070.33 yuan.
The above-mentioned behavior of the parties constitutes an illegal act of selling goods that infringe on the exclusive right to use trademarks, and violates the Trademark Law and other provisions. According to the relevant provisions of the Trademark Law, Ezhou Municipal Market Supervision Bureau ordered the parties concerned to stop the illegal activities of selling batteries that infringed Nanfu’s exclusive right to use trademarks, confiscated the batteries involved in the infringement of Nanfu’s exclusive right to use trademarks and the two-dimensional code anti-counterfeiting logo, and imposed a fine of 200,000 yuan. At the same time, according to the provisions of Articles 2 and 9 of the Measures for the Administration of the List of Serious Violations of Law and Trust in Market Supervision and Management, the parties concerned are included in the list of serious violations of law and trust.
9. Shandong Zhonggu Cement Co., Ltd., which produces unqualified cement, was listed by the Market Supervision Bureau of Shanxian County, Heze City, Shandong Province as a serious illegal and untrustworthy list.
In November 2021, because the cement sold by the parties was repeatedly tested as unqualified products, the market supervision bureau of Shanxian County of Heze City filed an investigation on the parties on December 3, 2021.
It has been found that the parties concerned have produced 130 tons of unqualified portland cement since September 2021, which violates the relevant provisions of the Product Quality Law and constitutes an illegal act of passing unqualified products off as qualified products. The Market Supervision Bureau of Shanxian County of Heze City made an administrative penalty of confiscating 90 tons of cement and fined 97,500 yuan. At the same time, since 2019, the party concerned has been disqualified for four consecutive times, with a bad nature and serious circumstances. Heze City Shan County Market Supervision Bureau listed the parties in the list of serious violations of law and dishonesty according to the provisions of Articles 2 and 7 of the Measures for the Administration of the List of Serious Violations of Law and Trustworthiness in Market Supervision and Management.
X. Kaili Market Supervision Bureau of Qiandongnan Miao and Dong Autonomous Prefecture of Guizhou Province listed Guizhou Guest Nanhua Wenlv Industry Development Co., Ltd., which was able to pay the fine but refused to perform it, on the list of serious violations of law and dishonesty.
On October 16, 2020, according to the requirements of cleaning up and rectifying the order of tourism centralized shopping market in Kaili City, law enforcement officers of Kaili City Market Supervision Bureau went to the business premises of the parties to carry out inspections. It was found that the party concerned did not obtain a food business license to engage in food business activities, and in addition, it also violated the relevant provisions of the Food Safety Law by failing to check the qualified documents when purchasing food.
On September 18th, 2021, Kaili Municipal Market Supervision Bureau issued a warning to the parties concerned, confiscated prepackaged foods operating without permission and imposed an administrative penalty of 10,000 yuan. After the party concerned fails to pay the fine without reason, and after repeated reminders, it still refuses to fulfill its obligation to pay the fine, which is obviously subjective and malicious. Kaili City Market Supervision Bureau listed the parties in the list of serious violations of law and dishonesty according to Article 11 of the Measures for the Administration of List of Serious Violations of Law and Trustworthiness in Market Supervision and Management.