On March 24, the Red Star Capital Bureau learned that Wei Tao, a lawyer in Xi'an, Shaanxi, sued the local Master Kong instant noodle manufacturer Xi'an Dingyi Food Co., Ltd. (hereinafter referred to as "Xi'an Dingyi").
According to Tianyancha information, Xi'an Dingyi Food Co., Ltd. is a wholly-owned subsidiary of Master Kong Instant Noodles Investment (China) Co., Ltd. (hereinafter referred to as "Master Kong Investment").
Wei Tao told the Red Star Capital Bureau that his family had previously purchased a box of Master Kong’s Laotan Sauerkraut Beef Noodles, and now there are 17 packs left in the box.
After the "sauerkraut" was exposed at the 315 party, Master Kong issued a statement saying that the sauerkraut in question was supplied to cities such as Xi'an.
Wei Tao said he decided to sue after he found out that the pickled beef noodles he bought at home came from Xi'an Dingyi Food Co., Ltd.
He said that the name of the lawsuit is that Xi'an Dingyi Food Co., Ltd. infringed on its own consumer rights and at the same time caused mental damage to itself.
Wei Tao revealed to the Red Star Capital Bureau that the court has officially accepted and filed the case, but the court session has not yet been scheduled.
On March 24, the Red Star Capital Bureau contacted Master Kong many times, but there was no response as of the deadline.
Purchased a box of "Laotan Pickled Beef Noodles"
Lawyer sues Master Kong for 10,000 yuan
From the indictment obtained, the Red Star Capital Bureau found that Wei Tao claimed to be "a lover of Master Kong's Laotan Pickled Cabbage Beef Noodles, and there are countless Master Kong Laotan Pickled Beef Noodles that he and his family have eaten."
Wei Tao told the Red Star Capital Bureau that their family had previously purchased a box of Master Kong’s Laotan Sauerkraut Beef Noodles, and now there are 17 packs left in the box.
They also have 5 packs of Master Kong's Laotan Pickled Cabbage Beef Noodles purchased in non-full boxes.
The reason for his indictment is: "Recently, I learned that the sauerkraut used by the defendant (Xi'an Dingyi Food Co., Ltd.) came from a dirty pit and felt disgusting, and his family was also deeply affected. The noodles were all produced by the defendant, and after the CCTV 315 party, Master Kong admitted that the problem sauerkraut was supplied to Xi'an and other cities. It can be presumed that the plaintiff's old tan sauerkraut beef noodles used the problem sauerkraut, which caused great mental panic and inedibleness to the plaintiff. Actual loss..."
Wei Tao told the Red Star Capital Bureau that the name of the lawsuit is that Xi'an Dingyi Food Co., Ltd. infringed on Wei Tao's consumer rights and caused mental damage at the same time.
The request of this lawsuit is to "order the defendant to compensate the plaintiff 10,000 yuan, and the plaintiff shall bear the litigation costs in this case".
Wei Tao's civil complaint against Xi'an Dingyi Food Co., Ltd. Photo courtesy of Wei Tao
The reason why the compensation fee was set at 10,000 yuan, Wei Tao explained the reason to the Red Star Capital Bureau: "(I) personally believe that in the provisions of Article 148 of the Food Safety Law, in addition to claiming compensation for losses, consumers can also ask for compensation. Producers or operators demand compensation ten times the price or three times the loss; if the amount of increased compensation is less than 1,000 yuan, it will be 1,000 yuan. This is a bit low and is not conducive to protecting consumers.”
Wei Tao believes that there is room for discussion in terms of compensation for consumers in the food safety law.
"When a problem occurs, the company must be asked to pay compensation for mental damage. As for the amount, I propose 10,000 yuan for reference for more legal workers to study and discuss. Because many times, for example, when someone eats flies in a restaurant, in fact The biggest damage is mental damage. If such a case is established and can be moved forward, it will also be a very good thing for the food safety environment.”
On March 24, Red Star Capital Bureau called Master Kong Holdings Co., Ltd. (Master Kong Holdings 00322.HK) (hereinafter referred to as "Master Kong Holdings") Shanghai, but the other party did not respond.
Master Kong customer service said that relevant personnel will reply to the question in the future. As of press time, Red Star Capital Bureau has not received a response.
Sue for "Master Kong's attitude is not sincere enough"
Wei Tao told the Red Star Capital Bureau that after seeing the 315 exposure of the sauerkraut problem in the soil pit, he continued to pay attention to relevant trends.
But after observing Master Kong's response for a few days, he believes that Master Kong's "attitude is not sincere enough, and the follow-up attitude to consumers' explanation and handling is not sincere enough".
Wei Tao said: "At that time (Master Kong) should apologize as soon as possible, actively take responsibility in the apology, and those who need to make compensation should make compensation. (But Master Kong) only recalled (sauerkraut series products), and the recall speed was quite slow. , the effect is very bad.”
"Many consumers may forget about this after a while. I think we, as legal practitioners, shoulder a certain social responsibility. Things shouldn't be forgotten casually, and Master Kong shouldn't be let go so easily. We can't let this happen. After all, if this is the case, thousands of 'Master Kong' will appear, harming the interests of the common people." Wei Tao said.
Filing a lawsuit is a "pretty simple" thing for Wei Tao, a lawyer, but before suing, Wei Tao also considered it, and he admitted to the Red Star Capital Bureau: "Although there have been some complaints against large enterprises before Or suing (the person), you may end up with injustice, or even retaliation. But I think these things need someone to stand up."
Wei Tao said that the litigation fee was originally 50 yuan, "but the court used the summary procedure to charge, and only charged 25 yuan."
He emphasized that if other consumers want to file similar infringement lawsuits, they need to ensure that the products they buy are genuine, and it is presumed that the products do not meet food safety standards. Inquire).
This time, Wei Tao sued the local Master Kong manufacturer, not the Master Kong company. He explained to the Red Star Capital Bureau: "According to the "Civil Code" product manufacturer's tort liability and other laws, you can claim compensation from the manufacturer, so I Judging from our product packaging information, the manufacturer is Xi'an Dingyi Food Co., Ltd. At the same time, because Master Kong's registered company is in Hong Kong, if you want to sue Master Kong's headquarters, it needs to be handled in accordance with jurisdictional regulations and foreign-related disputes, and the procedures are more complicated."
Wei Tao hopes to use this case to promote the progress of the food safety environment.
"If there are more cases, then for food manufacturers, they may pay more attention to food safety and feel that they should invest more cost and pay more patience, which is more meaningful to consumers."
Red Star News reporter Yu Yao intern reporter Zhang Luxi