From snacks to blind boxes for air tickets and pets, the wind is getting more and more intense, and expert advice frequently arises

Cool down the blind box economy

  ● Not only stationery blind boxes, but also blind boxes in all walks of life. Books blind boxes, archaeological blind boxes, as well as snack blind boxes and fresh blind boxes in the food sector have also kept up, pushing the blind box economy forward. To climax

  ● Some blind box products have been pointed out by the China Consumers Association that there are problems such as excessive marketing, false publicity, difficulty in guaranteeing product quality, and difficulty in resolving consumer disputes.

  ● In view of the chaos in the blind box economy, consider establishing a market access system. Starting from the opposite direction, list the types of goods that are not allowed to be blind boxes, such as live animals, and use similar blind box products to not violate the principles of public order and good customs. Sex rules

  □ The reporter's trainee reporter Zhang Shoukun

  □ reporter Wang Yang

  In recent years, the blind box economy has become a big hit in China.

From toy blind boxes, snack blind boxes, to stationery blind boxes, scenic blind boxes, all kinds of blind box products emerge in endlessly, and they are deeply loved by consumers, especially young consumers.

  But new models often harbor new risks.

The random probability mechanism of blind box consumption easily triggers consumers' gambler psychology and irrational consumption, which may have a negative impact on the consumption psychology of young consumers.

Some blind box products have been pointed out by the China Consumers Association that there are problems such as excessive marketing, false publicity, difficulty in guaranteeing product quality, and difficulty in resolving consumer disputes.

The two blind box cases of live pets that have occurred one after another recently have challenged the bottom line of social morality and the law.

  How to strengthen supervision and properly regulate this new consumption model has become an urgent problem to be solved.

Blind boxes are launched for many types of goods

Online and offline are extremely hot

  On the afternoon of May 14th, a stationery store near Tianjin 102nd Middle School was surrounded by students who had just finished school. They gathered here because the store received a new batch of goods, which are not teaching materials. , But a blind box of stationery.

The owner of the stationery shop introduced to a reporter from the Rule of Law Daily that there are different styles of stationery blind boxes in the store, generally selling for 5 yuan or 8 yuan. Each blind box has a pen of a relatively well-known brand. If you buy more, you will have the opportunity to collect it. There is a set. The Detective Conan series and the Ultraman series are currently more popular among students.

  A reporter from the "Rule of Law" found that the blind stationery boxes that had just been placed on the shelf were mostly empty.

The boss said: "Blind stationery boxes are popular among students now. As soon as school is over, students will run towards my store, thinking about rushing to collect a series. If you buy more, you can buy about 10 at a time. There are also parents who come to the store to buy. For yourself or your relatives’ children."

  Not only stationery blind boxes, but all walks of life have also begun to blow the blind box style. Book blind boxes, archaeological blind boxes, and snack blind boxes and fresh blind boxes in the food field have also kept up, pushing the blind box economy forward. To the climax.

According to the observation of a reporter from the Rule of Law Daily, various blind box products exist in subway stations, vending machines in scenic spots, many stores in shopping malls, and even street stalls on the roadside.

  A reporter from the Rule of Law Daily found that not only the offline blind box sales are hot, but the variety of online blind boxes is even more dazzling.

Searching on a takeaway app with "blind box" as a keyword, in addition to the common blind box, some merchants have launched a blind box bento, the price is generally much cheaper than other in-store packages.

Search on various e-commerce platforms and short video live broadcast platforms with "blind box" as a keyword. Blind box shops, blind box unpacking, and blind box with goods abound.

  The "Development Status and Market Research Analysis Report of China's Blind Box Industry in 2020" released by iiMedia Consulting shows that the blind box market is in strong demand. In the first half of December 2020, the turnover of blind boxes and derivatives on the 1688 platform is November 2.7 times the same period, the number of custom-made buyers increased by 300% year-on-year; the growth rate of Tmall's overseas blind box consumption increased by 400% year-on-year.

  Why can the small blind box have such a big charm?

  Professor Ren Chao of East China University of Political Science and Law believes that people's blind box addiction may be related to many reasons.

"People are curious about the unknown. The uncertainty of the blind box will bring excitement and surprise to people, which will stimulate the brain to secrete dopamine, strengthen repetitive decision-making, and form an addictive mechanism. The blind boxes launched by many merchants are known as limited editions, and The inability to purchase through conventional channels creates scarcity and stimulates consumers’ desire to purchase, achieving an effect similar to'hunger marketing'. In addition, the blind box also has certain social attributes, and the characteristics of the blind box can stimulate users to share on social networks. As a result of the box, there are people who exchange blind boxes with others through the Internet and other channels."

A variety of blind box products rollover

Challenge the bottom line of legal ethics

  For less than 100 yuan, you can have a walk-and-go trip. Are you excited?

  "The 98 yuan blind box flies randomly and I don't want to go to the full refund." On April 3, 2021, the "ticket destination blind box" campaign launched by Tongcheng Travel attracted 20 million people during the three days of Qingming holiday. The volume of "ticket blind box" network-related topics exceeded 100 million.

On the eve of the May 1st holiday, platforms such as Ctrip.com, Qunar.com, and Fliggy have been discontinued. Some platforms have launched hidden products for two persons and upgraded cabins, and additionally launched various activities such as hotel blind boxes. Blind ticket boxes were listed on Weibo’s hot search and became The hottest blind box product in recent months.

  However, before the heat receded, blind ticket boxes were frequently issued due to various problems, and word-of-mouth declined.

Consumers who bought hotel blind boxes indicated that the price of the blind box they bought was higher than the price of the redemption product.

Many Weibo users also stated that after the blind box flights they purchased were cancelled, the platform clearly stated that no refunds would be given, and that involuntary changes were limited to three days before and after the original date.

As of May 19, 2021, there have been 194 complaints about blind ticket boxes on the Black Cat platform, and the problems are mostly concentrated in two aspects: the failure of normal refunds and the failure of normal redemption.

  A reporter from the "Rules of Law Daily" found that primary and secondary school students have become one of the main forces in the purchase and sale of various blind boxes.

  At the beginning of 2021, the parents of a second-year student in Taizhou City, Zhejiang Province reported to the local Consumer Protection Committee that their children bought blind boxes at the stationery store in the north gate of the school three times for a total of 2,200 yuan in the past one or two months.

Because the child is under 18 years of age, the parents believe that the store is inducing minors to consume and requires a full refund.

In the end, the two parties reached an agreement, according to the unpacking situation, the respondent would refund 800 yuan.

  According to Du Leqi, director of the Economic Law Research Society of Jiangsu Law Society and associate professor of Jiangsu University Law School, although blind boxes satisfy people’s curiosity to a certain extent, for students, the current stationery blind boxes and toy blind boxes It will stimulate their curiosity and comparison psychology to lead to excessive consumption, which is not conducive to cultivating rational and correct consumption concepts, and has a great negative impact on minors.

  On May 7th, on a self-service shopping machine for blind beverage boxes in a pedestrian street in Nanyang City, Henan Province, a reporter from the Rule of Law Daily bought multiple bottles of beverages, but found that the price of each bottle was lower than the “blind selection” price of 2.9 yuan per bottle. .

Nearby businesses and tourists said that the drinks purchased by themselves and those purchased by others cost about one or two yuan in the store, and no one has been able to "blind" drinks more than 3 yuan.

  Some experts said that this move may be suspected of using blind boxes as a means of clearing inventory, which is obviously illegal.

This kind of black-box operation does not conform to the contractual agreement between the operator and the consumer, and damages the consumer's right to know and fair transaction rights.

  In addition to the above problems, the recent live blind box pet incident has pushed the blind box economy to the forefront.

  On May 3, among the 177 pet shipments collected at the Hehuachi branch of Zhongtong Express in Chengdu, more than 160 live cats and dogs were found to be sent from Chengdu to all parts of the country. Among them, 30 cats and dogs were carrying viruses. Some are dying or even dead.

After the incident, Zhongtong Express publicly apologized, saying that the live animals were sold online by e-commerce customers. Zhongtong Express's Chengdu Hehuachi branch illegally collected collections and announced three rectification measures.

However, eight days later, on May 11, a blind pet box was found at the Suzhou Zhongtong Express Transfer Station. After preliminary investigations by the Suzhou Postal Administration of Jiangsu Province, a total of 13 express mails of live animals were found on the scene, and the animals were all dead. .

  On May 18, a reporter from the Rule of Law Daily found on the online shopping platform that although it is difficult to find relevant businesses by directly searching for “blind pet boxes”, after sorting by prices, they found that there are still a large number of cats, dogs, and turtles sold at ultra-low prices. Shops for blind pet boxes such as hamsters and hamsters exist.

  A shopkeeper told a reporter from the "Rules of Law Daily" that at present, it is still possible to send Zhongtong Express. Kittens and young dogs can be delivered home as long as a minimum of ten yuan, but they also need to add 140 yuan for disinfection and sterilization, deworming and vaccination.

After consulting the relevant logistics company, the reporter learned that if a formal pet consignment is handled, no matter what kind of transportation method, plus the cost of handling relevant certificates, it will cost at least 200 yuan or more. It is basically impossible for a merchant to take a regular price. Process for pet consignment.

According to the photos posted by buyers in the review area of ​​the shop, a reporter from the "Rules of Law Daily" found that cats and dogs were transported by the usual courier boxes.

  Article 33 of the "Rules for the Implementation of the Postal Law of the People's Republic of China" stipulates that the items prohibited to be sent or contained in the mail include "all kinds of live animals."

  According to the "Animal Epidemic Prevention Law of the People's Republic of China", units and individuals transporting animals must do well in animal immunization, disinfection, and testing, and declare quarantine to the local animal health supervision agency with a quarantine certificate.

Units, individuals, and vehicles engaged in animal transportation shall file with the competent agricultural and rural departments of the people's government at the county level where they are located, and properly preserve the itinerary and the animal name, quarantine certificate number, quantity and other information provided by the shipper.

  Therefore, sending blind boxes of live pets by express delivery may not only cause the death of animals during transportation, but may also violate many laws and regulations of our country.

  Ren Chao said that in the blind living pet box, not only the courier company, but also merchants and buyers also have certain risks.

The seller, as the owner of the goods, violates the relevant provisions of the Animal Epidemic Prevention Law if the animal quarantine certificate is not attached; as the sender, if the mail or express contains items that are forbidden or restricted, it will be a violation of the Postal Law, the "Prohibition" There are many provisions in the Provisions on the Management of Delivery Items and the Provisional Regulations on Express Delivery, which may be subject to public security management penalties.

  "For consumers, low-priced pet live blind boxes mean that pets are often not inspected and quarantined, nor vaccinated, which may not only bring health risks to themselves or their family members, but also often cost a lot of pets. Money and time." Ren Chao said.

Strengthen market supervision and governance

Treat the blind box economy rationally

  On January 26, the China Consumers Association issued a consumer reminder for the blind box market, stating that some operators used blind boxes to clear inventory, harming the legitimate rights and interests of consumers, disrupting the market, and reminding consumers not to buy blindly.

In addition, the China Consumers Association also specifically pointed out that there are four major chaos in the current blind box market: merchants are over-marketing, consumers are "addicted"; merchants are suspected of false propaganda, and the goods are inconsistent with the propaganda; product quality is difficult to guarantee, fake and inferior. "Three nos" products appear from time to time; consumer disputes are difficult to resolve, and after-sales service needs to be improved urgently.

  Du Leqi believes that one of the reasons for the clutter of blind boxes is that consumers blindly follow the trend and consume impulsively. The current problems are actually a wake-up call for consumers, reminding consumers to be rational and cautious when buying blind boxes, such as inspections. Whether the scope, probability, and quality information of the blind box is clear.

  On April 28, the China Consumers Association released the "Analysis of the Complaints Accepted by the National Consumers Association in the First Quarter of 2021", again named the blind box probability marketing problem, requiring operators not to abuse the consumption big data they possess to secretly modify the odds of winning.

It is recommended that the government and relevant departments pay close attention to such issues, speed up the improvement of relevant legislation, increase market supervision, and effectively regulate probability marketing.

  Ren Chao suggested that in view of the chaos in the blind box economy, we can consider establishing a market access system. Starting from the opposite direction, enumerate the types of goods that are not allowed to be blind boxes, such as live animals, and use similar blind box products to not violate Principles such as public order and good customs are carried out.

  The winning rate of the blind box and the probability of a complete set can be set by the merchant on the probability of the blind box, but the merchant must strictly fulfill the obligation to inform consumers, and the probability cannot be too low.

  Ren Chao said: “As a commodity, the operator of the blind box must ensure the source of the product is reliable, the chain is complete, and the'three no' products and counterfeit products must be eliminated. The operator should also actively perform the operator's obligations such as return, replacement, and repair. 'Blind box sales', etc., are used as an excuse to exempt the quality assurance and after-sales service obligations. The relevant departments should strictly impose penalties on the operators who do not perform the quality assurance responsibilities. In addition, although the blind box sales are related to the style of the product There is a certain degree of confidentiality, but information related to product quality and service, such as origin, ingredients, production date, shelf life, use and storage conditions, etc., should be fully informed to ensure that it is true and comprehensive, and no false, exaggerated or misleading publicity should be made. ; For blind box consumption disputes and after-sales service issues, relevant departments should pay close attention to strictly investigate whether there are false propaganda, false advertising and other behaviors."

  In Du Leqi’s view, the current blind box market is very large, including catering, beauty, stationery, books, etc. This sales form seems to be "blind box" for everything, but in fact it is not applicable to all commodities, such as The recently controversial blind box for live pets.

The blind box market, which is in the early development period, must operate steadily on the track of the rule of law if it wants to develop in the long term. Blind box operators should consciously operate in good faith in accordance with the law, and the regulatory authorities should adopt an inclusive and prudent supervision strategy, grasp the law enforcement standards, and let the industry Autonomy and government supervision work together to purify the chaos of the blind box economy and promote the healthy development of the industry.