Chinanews.com, March 15th. Zhongxin Finance learned that on March 14th, the State Administration of Market Supervision exposed a number of typical cases of serious violations of consumer rights, effectively deterring violations of consumer rights and other illegal acts, and vigorously created a good consumer environment.

  In the next step, the State Administration for Market Regulation will continue to strengthen the management of the list of seriously illegal and dishonest individuals, give full play to the role of credit escort, promote the integrity and self-discipline of operators, and create a safe and secure consumption environment.

  Typical cases of the List of the Seriously Violated and Untrustworthy:

1. The Market Supervision Bureau of Qiaokou District, Wuhan City, Hubei Province included Wuhan Wuyimei Clothing Co., Ltd., which fabricated company business information, into the list of serious violations and dishonesty

  On February 11, 2022, the Market Supervision Bureau of Qiaokou District, Wuhan City, Hubei Province, based on the clues transferred by the superior, opened a case for investigation into the alleged false propaganda behavior of the party concerned.

After investigation, the party released through the website that contained "Wuhan Wuyimei Clothing Co., Ltd. is a specialized company integrating equipment research and development, design, production, marketing, and processing. It has more than 200 employees and more than 50 professional and technical personnel. , 3 doctoral students, more than 30 graduate students, more than 100 technicians in various professional colleges, and their own independent equipment research and development center" and other false propaganda, and pushed to customers through WeChat Moments and WeChat chat "A total of 60 Processing households received 1,218,200 yuan in labor remuneration" "Wuyimei Apparel Co., Ltd. National Regional Processing Household Settlement" false information, based on which they strived for trading opportunities, resulting in 76 victims in 21 provinces, autonomous regions, and municipalities directly under the Central Government signing contracts with them. The amount of the subject of the contract amounted to more than 3.5 million yuan.

  In view of the misleading commercial propaganda behaviors such as releasing fictitious company operating information and product-related information to the public, exaggerating its competitive advantages in the industry, etc., the parties caused property losses to the people and formed adverse social impacts.

According to the first paragraph of Article 20 of the "Anti-Unfair Competition Law", the Qiaokou District Market Supervision and Administration Bureau of Wuhan City ordered the party concerned to correct the illegal conduct of false propaganda, imposed a fine of 1 million yuan, and revoked the business license.

At the same time, in accordance with the provisions of Articles 2 and 9 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

2. The Market Supervision Bureau of Shawan City, Xinjiang Uygur Autonomous Region included the Xingwang Aquatic Sales Department of Sandaohezi Town, Shawan City, which used measuring instruments for the purpose of deceiving consumers, into the list of serious violations and dishonesty

  On September 11, 2022, the law enforcement officers of the Market Supervision Bureau of Shawan City received a report that the Xingwang Aquatic Product Sales Department of Sandaohezi Town, Shawan City was suspected of selling aquatic products in short supply. The law enforcement officers checked and found that the measuring instruments of the parties were qualified expired certificates and use measuring instruments that deceive consumers.

The parties violated the relevant provisions of Article 16 of the "Measurement Law" and Article 22 of the "Regulations for the Implementation of the Metrology Law".

  The party involved used measuring instruments for the purpose of deceiving consumers, and his behavior was bad, causing great social harm and infringing on the legitimate rights and interests of consumers.

The Shawan City Market Supervision Bureau imposed administrative penalties on the parties in accordance with the "Implementation Rules for the Measurement Law", and at the same time listed the parties in the list of seriously illegal and dishonest parties in accordance with Articles 2 and 8 of the "Measures for the Administration of the List of Seriously Violated and Untrustworthy Enterprises in Market Supervision and Administration" list.

  The accuracy of measuring instruments is related to the vital interests and life and health of the people, as well as product quality and production safety.

The party involved defrauded consumers by destroying the accuracy of measuring instruments, which was bad in nature, seriously infringed on the legitimate rights and interests of consumers, and had serious social harm.

Severe penalties shall be imposed on the parties in accordance with the law, and they shall be included in the list of serious violations and dishonesties to the public, forming a strong deterrent and warning effect.

3. The Market Supervision Bureau of Jiujiang City, Jiangxi Province included Xu Moumin and Feng Mouyuan who produced and sold food that did not comply with the law into the list of serious violations and dishonesty

  On April 2, 2022, the Jiujiang Municipal Market Supervision Bureau received clues to the case assigned by the Jiangxi Provincial Market Supervision Bureau. After filing and investigation, it was found that the parties Xu Moumin and Feng Mouyuan produced and sold bottomless candies, candy shapes, packaging, and labeling Contains pornography, spoof vulgarity, bad inducing forms or content, violates public order and good customs, and seriously affects the physical and mental health of minors.

  In order to protect the physical and mental health of minors, in 2022, the State Administration for Market Regulation, together with the Ministry of Education and the Ministry of Public Security, jointly launched a nationwide special campaign against the sale of food to minors without a bottom line.

The behavior of the party concerned to produce and sell bottomless candies seriously endangers the physical and mental health of minors, violates laws and regulations such as the "Minors Protection Law", "Food Safety Law" and other laws and regulations, and has obvious subjective malice, bad nature, serious circumstances, and great social harm , Jiujiang City Market Supervision Bureau imposed administrative penalties on the parties confiscating illegal income, confiscating illegal items, and fines in accordance with the law.

At the same time, in accordance with the provisions of Articles 2 and 5 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

4. The Market Supervision Bureau of Jintang County, Chengdu City, Sichuan Province included Chengdu Xie Yaoji Food Co., Ltd., which purchased food raw materials that did not meet food safety standards, into the list of serious violations and dishonesty

  According to the clue report of the Qinzhou City Public Security Bureau in Guangxi, on February 16, 2022, the Chengdu Jintang County Market Supervision Bureau and the Jintang County Public Security Bureau conducted an on-site inspection of the freezer used by Chengdu Xie Yaoji Food Co., Ltd. For "cow by-products", the parties concerned cannot provide documents such as animal quarantine certificates.

After investigation by the Jintang County Market Supervision Bureau, the party purchased 21.9151 tons of frozen beef tripe through illegal channels, and could not provide relevant information such as inspection and quarantine certificates, traceability codes, disinfection certificates, nucleic acid test reports, and certificates and tickets when purchasing. After purchasing, the original packaging was deliberately removed and then transferred to its raw material warehouse, and replaced with the "legal cloak" of domestic designated slaughterhouses for food production, which seriously violated the relevant regulatory requirements for cold chain food and brought major hidden dangers to the health and safety of the people.

  The party involved purchased food raw materials that did not meet the food safety standards, violated the "Food Safety Law" and other laws and regulations, and obviously had subjective intentions, the nature of the violation was bad, and the food raw materials and goods involved in the case were relatively large.

The Jintang County Market Supervision Bureau imposed administrative punishments such as ordering suspension of production and business, and lifelong ban on the parties in accordance with the law, and transferred clues of suspected crimes to judicial organs in accordance with the law.

At the same time, in accordance with the provisions of Articles 2 and 5 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

5. The Market Supervision Bureau of Huangyan District, Taizhou City, Zhejiang Province included Zhejiang Taixiang Vehicle Industry Co., Ltd., which produced unqualified electric bicycles for "repeated fines without correction", on the list of serious violations and dishonesty

  From 2021 to 2022, Zhejiang Taixiang Bicycle Industry Co., Ltd. due to the "overcurrent protection function", "battery anti-tampering", "vehicle speed prompt sound", "reflector", "vehicle quality" and "short circuit protection" items of electric bicycles produced by Zhejiang Taixiang Vehicle Industry Co., Ltd. The inspection results were unqualified, and he was repeatedly punished by the Market Supervision Bureau of Huangyan District, Taizhou City.

  In view of the fact that the party concerned has been punished many times for producing unqualified electric vehicle products, and there is a situation of "repeated prohibition and repeated punishment without correction", he subjectively does not pay attention to product quality management, and the product endangers the lives, health and safety of the people. Taizhou Huangyan District Market Supervision Bureau based on The "Product Quality Law" ordered the party concerned to stop producing unqualified electric bicycles, imposed an administrative penalty of confiscating illegal income of 4,000 yuan and a fine of 10,000 yuan.

At the same time, in accordance with the provisions of Articles 2 and 7 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

6. Yuzhou City Market Supervision Bureau of Henan Province included Yuzhou Ruitian Agricultural and Sideline Products Co., Ltd., which produces and sells substandard vermicelli as good ones, into the list of serious violations and dishonesty

  On March 15, 2022, CCTV's 3.15 party was titled "Fake Yuzhou Vermicelli Pure "Potato": Famous Specialty Yuzhou Sweet Potato Vermicelli Made of Cheap Cassava". Issues such as the production and sales of vermicelli instead of sweet potato starch were exposed.

According to the investigation by Yuzhou Municipal Market Supervision Bureau, the parties did not use sweet potato starch in the production process.

The food raw materials in the production workshop of this enterprise are stored on the spot, and there is sewage in the area of ​​the ingredients room.

  In order to seek profits, the parties used cassava starch instead of sweet potato starch, shoddy it as good, violated the "Product Quality Law", "Food Safety Law" and other laws and regulations, and had obvious subjective intentions and bad nature. Administrative penalties such as ordering to stop production and sales, confiscation of illegal gains, fines, and revocation of business licenses shall be imposed.

At the same time, in accordance with the provisions of Articles 2 and 5 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

7. The Market Supervision Bureau of Yulin City, Guangxi Zhuang Autonomous Region included Bobai County Shapi Yunsheng Petrochemical Gas Co., Ltd., which filled liquefied petroleum gas cylinders that did not meet the requirements of safety technical specifications, on the list of serious violations and dishonesty

  On September 6, 2022, when the law enforcement officers of the Market Supervision Bureau of Yulin City, Guangxi Zhuang Autonomous Region supervised and inspected the party concerned, they discovered that the party concerned was suspected of filling liquefied petroleum gas cylinders that did not meet the requirements of safety technical specifications.

After testing by the steel cylinder testing station of Yulin Longzhu Liquefied Petroleum Gas Co., Ltd., it was confirmed that the filled liquefied petroleum gas cylinders were scrapped or not inspected beyond the time limit.

  The party involved filled the gas cylinders that did not meet the requirements of the safety technical specifications, and there were serious potential safety hazards.

According to the relevant provisions of the "Special Equipment Safety Law", the Market Supervision Bureau of Yulin City, Guangxi Zhuang Autonomous Region ordered the party concerned to make corrections immediately and imposed a fine of 200,000 yuan.

At the same time, in accordance with the provisions of Articles 2 and 7 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

8. The Huinong District Branch of Shizuishan City Market Supervision Bureau in Ningxia Hui Autonomous Region included the Huigou Living Non-staple Food Supermarket in Huinong District, Shizuishan City, which used conferences, lectures, health consultations, etc. to make false publicity about food, into the list of serious violations and dishonesty

  On March 22, 2022, the Huinong District Branch of the Market Supervision Bureau of Shizuishan City received a report from the masses. The crowd was convened to give lectures on the second floor of the supermarket, falsely publicizing Nuopei goat milk powder, claiming that goat milk powder can treat various diseases such as high blood pressure and diabetes, and inducing some elderly people to buy the milk powder.

  In view of the strong public reaction to this case and the relatively large social impact, in order to rectify and standardize the market order of food and health products and protect the legitimate rights and interests of the elderly, the Huinong District Branch of the Shizuishan City Market Supervision Bureau, in accordance with the relevant provisions of the "Food Safety Law Implementation Regulations", legally The parties involved were ordered to eliminate the impact and confiscated 45,446 yuan of illegal income as an administrative penalty.

At the same time, in accordance with the provisions of Articles 2 and 8 of the "Market Supervision and Administration of the List of the Untrustworthy with Serious Violations", the parties are included in the list of the Untrustworthy with Serious Violations.

9. The Market Supervision Bureau of Dushanzi District, Karamay City, Xinjiang Uygur Autonomous Region included Laixin Restaurant in Dushanzi District, which failed to fulfill the obligation of purchase inspection and refused to make corrections, and had food safety management problems, into the list of serious violations and dishonesty

  On July 20, 2022, the Market Supervision Bureau of Dushanzi District received a report that 9 trainees who participated in the training at the Pearl Hotel had abdominal pain and diarrhea in the morning after eating at the Laixin Restaurant in Dushanzi District on July 19.

On the same day, the Dushanzi District Market Supervision Bureau conducted an inspection in accordance with the law and found that the party involved in purchasing food raw materials such as frozen chicken legs and roast duck could not provide the supplier's license and food factory inspection certificate.

After an on-site investigation and analysis by the Dushanzi District Center for Disease Control and Prevention, a report was issued that "the braised chicken legs for lunch and the roast duck for dinner do not rule out the possibility of contamination and the existence of food hygiene management problems".

After investigation, the party concerned had been ordered to make corrections and given a warning by the Dushanzi District Market Supervision Bureau on May 19, 2022 for failing to fulfill the obligation of food purchase inspection.

  The party involved failed to fulfill the obligation of purchase inspection and refused to make corrections when purchasing food raw materials, and there were food safety management problems, which caused 9 students to suffer from abdominal pain and diarrhea, endangering the health and life safety of the people.

On September 1, 2022, the Market Supervision and Administration Bureau of Dushanzi District, in accordance with the relevant provisions of the "Food Safety Law", imposed a severe punishment of 37,000 yuan on the party concerned, and at the same time, in accordance with Article 2 And Article 5 stipulates that the parties shall be included in the list of serious violations and dishonesty.

10. The Market Supervision Bureau of Xiaodian District, Taiyuan City, Shanxi Province included the Kaichao Firm in Xiaodian District, Taiyuan City, which sold counterfeit liquor, on the list of serious violations and dishonesty

  On November 11, 2021, the Xiaodian District Market Supervision Bureau received a report and inspected the Kaichao Firm in Xiaodian District, Taiyuan City, which is located at No. 1009, Building 58, Hengda Oasis, Electronic Street, Xiaodian District, Taiyuan City. 7 boxes of goods infringing the exclusive right to the registered trademark of "Xinghua Village" with a total value of 1,270 yuan. After investigation, the party was seized by the Xiaodian District Market Supervision Administration in April 2021 for selling goods that infringed the exclusive right to the registered trademark of others. And a fine of 10,000 yuan was imposed. Therefore, this violation is the second violation within five years and should be severely punished according to law.

  The behavior of the parties violated the provisions of Article 57 of the "Trademark Law", constituted an illegal act of sales infringing on the exclusive right to use a registered trademark, and seriously damaged the legitimate rights and interests of consumers.

According to the second paragraph of Article 60 of the "Trademark Law", the Market Supervision Bureau of Xiaodian District ordered the party concerned to stop the infringement immediately, confiscated 7 boxes of infringing liquor, fined 175,000 yuan, and issued the "Market Supervision and Management Serious Violation and Untrustworthy List Management Measures" "Articles 2 and 9 stipulate that the parties shall be included in the list of serious violations and dishonesty.

(China New Finance and Economics)

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