Xinhua News Agency, Hangzhou, September 19 (Reporter Wu Shuaishuai) The Cross-Border Trade Tribunal of the Hangzhou Internet Court recently sentenced the first case of missing Chinese paper labels, establishing that electronic labels and physical labels have the same effect.
It is understood that the plaintiff in this case, Mr. Yu, purchased a certain brand of pure cocoa powder from a Hong Kong cross-border e-commerce company stationed on the platform through a well-known cross-border e-commerce platform in China.
The transaction details page of the goods involved in the case shows that the goods were purchased from abroad and entered the bonded warehouse. After the consumer places an order, the order is pushed to the bonded warehouse, and the goods are packaged and delivered to the customs for customs clearance before being delivered to the consumer.
After the plaintiff received the goods involved in the case delivered by the defendant from the bonded warehouse, he found that the outer packaging of the goods had no Chinese labels.
Therefore, the plaintiff believed that the goods delivered by the defendant were imported foods. Although the English label of the food outer packaging was introduced on the product transaction details page, it failed to affix the physical outer packaging of the goods in accordance with the relevant provisions of the Food Safety Law. The written Chinese label should be identified as “food that does not meet the food safety standards” as stipulated by the Food Safety Law, and the defendant knew that the goods involved did not meet the food safety standards and were still sold to the plaintiff, and the plaintiff should be liable to refund the purchase price and pay ten times the compensation according to law. responsibility.
The defendant believes that the product is a cross-border food, and the Chinese electronic label has been displayed in detail on the product page information. At the same time, the consumer has fulfilled the obligation of notification before placing the order. It is clear that the product has no paper Chinese label, and the electronic label can be viewed on the product page .
The court held that although the goods involved in the case did not have paper Chinese labels, the goods were tested to meet my country's food safety standards, and their substitution of electronic labels for Chinese labels did not constitute a defect in the food label, and rejected all claims of the plaintiff.
The judge in the case said that this case is the first case in the field of cross-border e-commerce retail imports to confirm that the Chinese electronic label of imported food has the same legal effect as the Chinese label of food packaging.
Cross-border e-commerce retail imports are unique as an emerging trade model. After entering the country, their products are both commercial in nature and personally used by end consumers. Based on their dual attributes, cross-border e-commerce retail imports should be fully guaranteed Consumers have the right to know and give them the full right to choose products.