Chinanews.com, July 29. Chinanews Finance learned from the State Administration for Market Regulation that since the beginning of this year, local market supervision departments have focused on prominent issues in the field of people's livelihood that have been strongly reflected by the public and have received high public attention, and have comprehensively applied the Food Safety Law and Advertising Law, Anti-Unfair Competition Law, Special Equipment Law, Metrology Law, Trademark Law and other laws and regulations, severely crack down on all kinds of illegal acts that infringe on the legitimate rights and interests of consumers, and investigate and deal with a number of cases that seriously endanger the personal and property safety of consumers, Violent cases of illegal nature have effectively safeguarded the legitimate rights and interests of consumers.
Some typical cases are now announced as follows:
1. The Shanghai Minhang District Market Supervision Bureau investigated and dealt with the illegal sale of blood clams by Shanghai Ouzhe Catering Management Co., Ltd.
On January 12, 2022, the Shanghai Minhang District Market Supervision Bureau imposed an administrative penalty of confiscation of 9.52 kg of blood clams and a fine of 104,800 yuan for the illegal behavior of Shanghai Ouzhe Catering Management Co., Ltd. that prohibited the production and operation of food.
On June 4, 2021, the Minhang District Market Supervision Bureau received a procuratorial proposal from the District People's Procuratorate to supervise and inspect Shanghai Ouzhe Catering Management Co., Ltd. suspected of illegally producing and operating cockles.
After investigation, the parties purchased 54 kg of blood clams from an aquatic product store in Lucheng District, Wenzhou City from January 1, 2021 to May 28, 2021 for the production and sale of the dish "Magic Blood Clam". Food varieties that are prohibited from operation in the Municipal People's Government's Notice on Prohibiting the Production and Operation of Food Varieties in this Municipality.
From January 2, 2021 to June 3, 2021, the parties produced and sold 101 copies of "Magic Blood Clams" at a price of 48 yuan each, with a total of 4,848 yuan of illegal income.
At the same time, law enforcement officers found 9.52 kilograms of blood clams to be produced and sold at the scene.
The behavior of the parties violated the provisions of Article 24, paragraph 1 (4) of the "Shanghai Food Safety Regulations" and Article 2 of the "Notice of the Shanghai Municipal People's Government on Prohibiting the Production and Operation of Food Varieties". The Market Supervision Bureau shall impose administrative penalties on the parties in accordance with the law.
The clams are tender, juicy, and full of flesh, and they have a "popping feeling" in one bite, which is the "favorite" of some Shanghai-style gourmets.
The cockles have an enrichment effect on hepatitis A virus, and the hepatitis A virus can survive in the cockles for a long time.
Eating dishes made from clams will cause health hazards and even infectious diseases to the human body, and is listed as a food that is prohibited from production and operation.
The market supervision department will continue to punish illegal acts of food safety that infringe on the health of consumers in accordance with the law.
2. The Market Supervision Bureau of Jingyang District, Deyang City, Sichuan Province investigated and dealt with the case of Sichuan Tianyuan Gas Co., Ltd. filling gas cylinders that did not meet the requirements of safety technical specifications
On February 23, 2022, the Market Supervision Bureau of Jingyang District, Deyang City, Sichuan Province imposed an administrative penalty of 200,000 yuan on the illegal act of Sichuan Tianyuan Gas Co., Ltd. for filling gas cylinders that did not meet the requirements of safety technical specifications.
On November 25, 2021, law enforcement officers of Jingyang District Market Supervision Bureau conducted an on-site inspection of Sichuan Tianyuan Gas Co., Ltd. based on clues.
The company found a light box truck with a total of 134 filled liquefied petroleum gas cylinders in the compartment, none of which were registered for use by the company.
Among them, 12 gas cylinders were reported, and 9 were qualified gas cylinders without regular inspection.
After investigation, the parties did not establish an inspection and recording system before and after filling.
The liquefied petroleum gas in the above gas cylinders shall be filled by the parties concerned.
In 2021, the party concerned has received administrative penalties for filling gas cylinders that are not registered for use by the unit, which is a repeated violation of regulations, and there are serious safety hazards in filling gas cylinders that have not been regularly inspected and qualified gas cylinders, and filling gas cylinders.
The behavior of the parties violated the provisions of the second paragraph of Article 49 of the "Special Equipment Safety Law of the People's Republic of China", and the Jingyang District Market Supervision Bureau punished the parties severely in accordance with the law.
The gas cylinders that have not passed the regular inspection and the discarded gas cylinders have serious potential safety hazards, and the parties' behaviors of filling gas cylinders that have not been registered for use by the unit, filling gas cylinders that have not passed the regular inspection, or filling gas cylinders that have been reported as waste gas. Seriously endanger personal and property safety.
Heavier penalties will be imposed on the parties involved, the warning function of preventing special equipment accidents will be enhanced, the safety of people's lives and properties will be guaranteed, and the quality and safety level of gas cylinders in use will be improved.
3. The Hohhot Market Supervision Bureau of Inner Mongolia Autonomous Region investigated and dealt with the case of using unqualified measuring instruments at Beiyuan Gas Station of Hohhot Meisheng Petrochemical Co., Ltd.
On March 9, 2022, the Market Supervision Bureau of Hohhot, Inner Mongolia Autonomous Region, imposed an administrative penalty of confiscation of 6 fuel dispensers and a fine of 8.6636 million yuan for the illegal act of using substandard measuring instruments at the Beiyuan Gas Station of Hohhot Meisheng Petrochemical Co., Ltd.
On November 29, 2021, the Hohhot Municipal Market Supervision Bureau conducted a law enforcement inspection of the refueling machines used at the Beiyuan gas station of Hohhot Meisheng Petrochemical Co., Ltd., and found that 6 refueling machines used in the gas station had a total of 18 refueling guns. The self-locking function Suspected of violating the metrological verification regulations.
Law enforcement officers sent 18 computer and control motherboards of the fuel dispenser to an electronic technology company in Beijing for identification, and the monitoring microprocessors of the 18 motherboards were all counterfeit chips.
After investigation, the party concerned replaced 18 meter control motherboards of the fuel dispenser without authorization, which constituted an illegal act of unauthorized modification, disassembly and assembly of the fuel dispenser and the use of substandard measuring instruments.
The behavior of the parties violated Article 9, item 3 of the Measures for the Supervision and Administration of Measurement of Gas Stations and Article 46 of the Detailed Rules for the Implementation of the Metrology Law of the People's Republic of China. The Hohhot Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In recent years, some lawbreakers have been greedy for profit, and in the process of operating gas stations, they have extended their cheating "black hands" to the field of refined oil sales, altered the main board of fuel dispensers without authorization, and deliberately destroyed the accuracy of measuring instruments. It affects the legitimate interests of consumers and disrupts the normal order of market operations.
The Hohhot Market Supervision Bureau has effectively protected the legitimate rights and interests of consumers by investigating and handling cheating cases of gas machines according to law, and has played a deterrent effect on illegal acts.
4. The Market Supervision Bureau of Yeji District, Lu'an City, Anhui Province investigated and dealt with the case of selling frozen meat products without inspection and quarantine in Yexing Cold Storage, Yeji District, Lu'an City
On March 23, 2022, the Market Supervision Bureau of Yeji District, Lu'an City, Anhui Province imposed an administrative order of confiscation of illegal income and a fine of 2.4502 million yuan for the illegal act of selling uninspected meat products in Yexing Cold Storage, Yeji District, Lu'an City. punished and included in the list of the untrustworthy for serious violations.
On November 24, 2021, the Yeji District Market Supervision Bureau inspected the Yexing cold storage in Yeji District, Lu'an City according to the law based on the clues provided by the public security department.
After investigation, the parties sold frozen beef products of model 4407, which were prohibited from being imported by the state, from August 2019 to September 2020, with a cumulative value of 102,000 yuan.
The behavior of the parties violated the provisions of Article 34 Item 8 and Item 12 of the Food Safety Law of the People's Republic of China.
During the investigation, Ye Moumou, the operator of Yexing cold storage, refused to cooperate with the investigators to investigate and collect evidence. Before the investigation of this case, the parties had been punished by the market supervision department for selling frozen meat products without inspection and quarantine. This illegal act is a repeat offender.
The behavior of the parties violated the provisions of Article 123 Item 4 and Item 5 of the "Food Safety Law of the People's Republic of China", and the Yeji District Market Supervision Bureau severely punished the parties in accordance with the law.
The sale of animals and products imported from countries or regions endemic for animal diseases without quarantine inspection endangers the health of the people and damages the legitimate rights and interests of consumers.
Investigate and handle such cases, guide food operators to realize the serious illegal consequences of selling frozen meat products that have not been inspected and quarantined, comprehensively strengthen industry self-discipline and standardize operations, and effectively ensure the "safety on the tip of the tongue" of the general public.
5. The Market Supervision Bureau of Nanxun District, Huzhou City, Zhejiang Province investigates and punishes Guizhou Jiashengda Transportation Co., Ltd. for violating the measurement management regulations
On May 16, 2022, the Market Supervision Bureau of Nanxun District, Huzhou City, Zhejiang Province imposed an administrative penalty of confiscation of the measuring instruments involved and a fine of 61,000 yuan for Guizhou Justinda Transportation Co., Ltd.'s violation of the measurement management regulations.
On April 2, 2022, the Nanxun District Market Supervision Bureau received a report that a fuel tanker on a construction site used a remote control device to falsely display the amount of fuel when refueling on-site.
Law enforcement officers inspected and found that there were three suspected remote controllers modified by the tanker in the cockpit of the vehicle, and the tanker seal was in an open state. Therefore, the mainboard of the tanker was sealed and submitted for inspection. The inspection report showed that the mainboard was not original production.
It was found out that after undertaking the project, the parties purchased a fuel truck and installed a fuel dispenser in February 2022, and replaced the fuel dispenser motherboard for cheating use.
As of the incident, the parties transported a total of 92,300 liters of diesel to refuel the vehicles on the construction site, and recorded the refueling data as the basis for payment at the construction site. The actual refueling volume was 89,300 liters.
Through metering and cheating, the parties showed that the construction site had accumulated 104,100 liters of refueling, which was 14,800 liters more than the actual refueling volume.
After accounting, the parties accumulatively added 108,500 yuan in the value of diesel fuel.
Since the oil payment for the construction site has not yet been settled, there is no illegal income.
The above-mentioned behavior of the parties violated Article 22 of the "Implementation Rules of the Metrology Law of the People's Republic of China" and Article 13 (4) and (5) of the "Zhejiang Provincial Metrology Supervision and Administration Regulations". The Nanxun District Market Supervision Bureau legally impose administrative penalties on the parties.
In this case, as a diesel transportation operator, the parties should be responsible for the use of measuring instruments in accordance with the law, use the metering data of the fuel dispenser directly as the basis for payment by the oil user, and ensure that the measuring instruments are accurate and reliable in accordance with laws and regulations.
He did not identify the tanker he used, and broke the seal of the tanker without authorization. In order to obtain ill-gotten gains, he added cheating devices. The value of the goods was relatively large, and he was given an administrative penalty according to law.
6. Beijing Miyun District Market Supervision Bureau investigated and dealt with the false commercial propaganda case of Beijing Hanhai Chenxing Commercial Co., Ltd.
On June 13, 2022, the Beijing Miyun District Market Supervision Bureau imposed an administrative penalty of 400,000 yuan on Beijing Hanhaichenxing Commercial Co., Ltd. for the illegal act of false commercial promotion.
On March 4, 2022, the Miyun District Market Supervision Bureau received a report that Beijing Hanhai Chenxing Commercial Co., Ltd. was suspected of false transactions and false user evaluations when selling goods on a certain platform.
After investigation, in order to increase the sales volume of the company's products, the parties contacted the WeChat user "dsxt13" who has the resources to brush their hands through WeChat, and asked them to conduct fake transactions and fake user evaluations.
On December 11, 2021, "dsxt13" helped the party to complete 54 orders for a certain product, the order amount: 6,400 yuan/unit, completed the transaction of 12,960 units, and completed a total of 1,280 false evaluations on the above-mentioned products on December 15, 2021 Articles, which constitute false or misleading commercial publicity about the sales status of the products and user evaluations.
The behavior of the parties violated the provisions of paragraph 1 of Article 8 of the Anti-Unfair Competition Law of the People's Republic of China, and the Miyun District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In e-commerce transactions, user evaluations are often an important reference factor for consumers to choose products. Criminals seek to “swipe their hands” to conduct false transactions, increase product sales in an improper way, and seriously disrupt the order of the online market.
This case is a powerful punishment and an effective deterrent to the illegal act of "scraping orders and speculation", protecting the legitimate rights and interests of consumers, further regulating e-commerce behavior, and maintaining a fair competition online market environment.
7. The Market Supervision Bureau of Dongying City, Shandong Province investigated and dealt with the case of Zhao and others selling counterfeit shoes and clothing
On June 14, 2022, the Dongying City Market Supervision Bureau, Shandong Province, the Municipal Public Security Bureau and the Lijin County Market Supervision Bureau investigated and dealt with the case of Zhao and others selling sports shoes and clothing counterfeiting the registered trademarks of well-known sports brands, and destroyed 4 sales dens. The case has been transferred to the public security organs because the parties' actions are suspected of constituting a crime.
On June 10, 2022, according to the reported clues, the Dongying Municipal Market Supervision Bureau, together with the Municipal Public Security Bureau and the Lijin County Market Supervision Bureau, inspected the sales venues of four people including Zhao, and found sports marked with the registered trademarks of well-known sports brands. There are 7575 pairs of shoes and 3478 sets of clothing. Zhao, Chen and others are selling live broadcasts.
After identification, the above sports shoes and clothing are all counterfeit goods.
After investigation, the parties purchased goods with counterfeit registered trademarks from illegal channels without authorization, and sold them live through the online live broadcast platform, with an illegal business volume of more than 11 million yuan.
The behavior of the parties violated the provisions of Article 57 of the "Trademark Law of the People's Republic of China" and violated the right holder's exclusive right to use a registered trademark, and the circumstances were serious, suspected of constituting a crime.
At present, the public security organs in Dongying City, Lijin County and other places have filed cases for investigation, and have taken criminal compulsory measures against 12 criminal suspects.
Dongying Municipal Market Supervision Bureau strengthened the linkage between cities and counties and the connection of executions when investigating and handling cases, which effectively improved the efficiency of law enforcement, effectively deterred illegal acts of infringement and counterfeiting, protected the legitimate rights and interests of consumers and rights holders, and maintained a fair market order and competition. Safe and secure consumption environment.
8. Beijing Shijingshan District Market Supervision Bureau investigated and dealt with Beijing Bio-Bio-Jinhai Biological Technology Co., Ltd.’s false publicity of pension fraud
On June 16, 2022, Beijing Shijingshan District Market Supervision Bureau imposed an administrative penalty of 300,000 yuan on Beijing Bio-Bio-Jinhai Biotechnology Co., Ltd. for false propaganda.
On December 25, 2021, the Shijingshan District Market Supervision Bureau received a report, reflecting that Beijing Bio-Bio Jinhai Biotechnology Co., Ltd. established a WeChat group to share "Golden Dodge Ion Calcium" suspected of false propaganda.
After investigation, the parties planned in October 2020 at their business premises in Shijingshan District, and organized the "First Elite Launch Meeting of Bio-Bio Jinhai" in Shenyang, Liaoning Province in November 2020.
During the meeting, the host declared that "in 2018, the sales of ionized calcium alone exceeded 400 million yuan, the monthly sales were 20-30 million yuan, and the weekly sales were 40-70 million yuan".
After verification, the company involved was established on August 30, 2019, which contradicted the sales in 2018; judging from all sales records from its establishment to 2022, the sales were only 50,900 yuan, which was a huge gap with its claims, which constituted false business. publicity.
The behavior of the parties violated the provisions of Article 8, paragraph 1, of the Anti-Unfair Competition Law of the People's Republic of China, and the Shijingshan District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
The "health product" scam captures the elderly's desire for health and greatly violates the legitimate rights and interests of the elderly.
The investigation and handling of this case has formed a strong deterrent to such pension fraud and illegal activities.
Market supervision departments have not only stepped up efforts to punish old-age fraud and chaos, but also actively carried out legal publicity for the elderly to enhance their awareness of safeguarding their rights in accordance with the law and maintain a good consumption environment for the majority of the elderly.
9. The Yuanzhou Branch of Guyuan City Market Supervision Bureau of Ningxia Hui Autonomous Region investigated and dealt with the case of Wang Moumou selling honey that did not meet the national food safety standards
On June 21, 2022, the Yuanzhou Branch of the Market Supervision Bureau of Guyuan City, Ningxia Hui Autonomous Region, investigated and punished Wang Moumou's illegal act of selling honey that did not meet the national food safety standards.
The case has been transferred to the public security organs because the parties' actions are suspected of constituting a crime.
On May 23, 2022, the law enforcement officers of the Yuanzhou Branch of the Guyuan Market Supervision Bureau found during the law enforcement inspection that Wang Moumou set up a booth to sell "health honey" in the People's Square of Zhongxin Road, Yuanzhou District, Guyuan City.
The propaganda boards placed on the scene had words with therapeutic functions such as "Honey Magic", "Cough Asthma, Itchy Throat", "Stomach Stomach Distension and Constipation".
After investigation, the parties mainly used sugar syrup as raw material from October 26, 2021, and after adding ginseng, Luo Han Guo, Ganoderma lucidum and other materials, falsely claimed to be selling health honey, with a total sales amount of 156,000 yuan.
After testing, the fructose and glucose items did not meet the requirements of GB 14963-23011 "National Food Safety Standard Honey", and the inspection conclusion was unqualified.
Wang Moumou's behavior violated Article 140 of the Criminal Law of the People's Republic of China. According to Article 16 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases Under the Jurisdiction of Public Security Organs, Guyuan The Yuanzhou Branch of the Municipal Market Supervision Bureau transferred the case to the public security organ for handling.
During the law enforcement inspection, the law enforcement officers of the Yuanzhou Branch of the Guyuan Municipal Market Supervision Bureau found that the client Wang Moumou had set up a booth to sell unqualified honey, and immediately took measures to seize it, and promptly transferred the case to the local public security department in accordance with the law.
In this case, the market supervision department took a heavy blow to food safety violations to ensure the "safety on the tip of the tongue" of the people.
10. The Market Supervision Bureau of Yuhang District, Hangzhou City, Zhejiang Province investigated and dealt with the illegal advertisement of ordinary food promotion health function and disease treatment function of Hangzhou Ruiqu Cultural and Creative Co., Ltd.
On June 24, 2022, the Market Supervision Bureau of Yuhang District, Hangzhou City, Zhejiang Province imposed an administrative penalty of 502,500 yuan on the illegal advertising of Hangzhou Ruiqu Cultural and Creative Co., Ltd. promoting the health function and disease treatment function of ordinary food.
On March 23, 2022, the Yuhang District Market Supervision Bureau received clues about illegal advertising, reflecting that online anchor Chen Mou sold some food live on an online trading platform on March 7, 2022, and was suspected of illegal advertising.
After investigation, the products involved in the case are "Vileland Children's Lutein Tablets", "WonderLab Cranberry Female Probiotics", "HERB Health Honpo DOKKAN ABURADAS Enzyme", "Ryukosan Campanulaceae Lozenges", "Luna Probiotics Oral Capsules" For the five types of food, the parties are responsible for attracting investment and signing a live broadcast promotion contract with the distributor, and then the anchor Chen Mou will promote it live on the Taobao platform.
As the advertiser, knowing that the relevant products are ordinary food, the parties advertised the first three products during the live broadcast, including "children eat this lutein effectively protects eyes", "this regulates intestinal tract", "improves sleep, eats Five capsules can improve sleep while enhancing our metabolism” and other health care functions; respectively, the latter two products are promoted to have disease treatment functions such as “can reduce the activity of viruses” and “luna probiotics have an effect on inflammation in women’s private parts”.
The total live broadcast commission of the above products is 83,900 yuan, and the total live broadcast service fee is 235,200 yuan, all of which are collected by the parties.
The above-mentioned behavior of the parties violated Article 17 of the Advertising Law of the People's Republic of China and the provisions of Article 10, paragraph 1 of the Regulations on the Administration of Advertising of Zhejiang Province, and the Yuhang District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In recent years, online live broadcast marketing has developed rapidly, and it has played an active role in promoting consumption, meeting demand, and promoting economic growth.
At the same time, the use of online live broadcasts for advertising and promotion has exaggerated propaganda, claiming that ordinary products can treat diseases and other problems, which bring hidden dangers to the health and safety of the public.
The market supervision department will increase the monitoring and supervision of advertisements published through live broadcasts, and adhere to "zero tolerance" for advertisements of "magical medicines and magical medicines" such as ordinary food claims for health care and therapeutic efficacy in online live broadcast advertisements, and punish them together if they are found.
(Zhongxin Finance)