Chinanews.com, January 18th. According to the news from the WeChat public account of "Shishuoxinyu" on the 18th, the Spring Festival is approaching. In order to create a good holiday consumption environment, we should further standardize production and operation behaviors, guide and promote simple and green consumption trends, and prevent excessive consumption of goods. The packaging problem has rebounded to deter and crack down on illegal acts that infringe on consumers' rights and interests in the operation of crab cards and crab coupons. The State Administration for Market Regulation has announced the third batch of 2022. case.
1. The Beijing Municipal Market Supervision Bureau investigated and dealt with the case of Beijing Hongwei Loncin Trading Co., Ltd. publishing illegal advertisements
On January 16, 2023, the Beijing Market Supervision Bureau imposed administrative penalties on Beijing Hongwei Loncin Trading Co., Ltd. for publishing false advertisements in accordance with the law.
On September 28, 2022, the Beijing Municipal Market Supervision Comprehensive Law Enforcement Team cooperated with the Law Enforcement and Inspection Bureau of the State Administration of Market Supervision to conduct a surprise inspection of the operation order of crab cards and crab coupons in Beijing.
During the on-site inspection of Beijing Hongwei Longxin Trading Co., Ltd., law enforcement officers found that the 20 "Golden Autumn Crab Ceremony" promotional albums placed in the business area of the store contained introductions such as "Because of trust · choose 3000+ cross-border cooperation" , the store is unable to provide cooperation agreements with relevant partners.
After investigation, the store is a special dealer in Beijing of the "Crab Qihui" brand hairy crabs, and is engaged in the sales and distribution services of the brand Yangcheng Lake hairy crabs.
In order to highlight the brand effect, attract consumers' attention, and expand the sales market, the self-designed "Golden Autumn Crab Ceremony" brochure was displayed in the business premises. " and some cooperative customer information and other promotional content.
The above-mentioned behavior of the party violated the provisions of Article 4, Paragraph 1 and Article 28, Paragraph 2, Item (3) of the Advertisement Law of the People's Republic of China. The Beijing Market Supervision Bureau imposed administrative penalties on the party in accordance with the law.
2. The Chongqing Municipal Market Supervision Bureau corrected the behavior of the Jiangjin District Jiutai Food Business Department for failing to comply with the mandatory national standards for restricting excessive packaging of goods and the "Announcement on Curbing "Astronomical" Mooncakes and Promoting the Healthy Development of the Industry"
On September 6, 2022, the Jiangjin District Market Supervision Bureau of Chongqing Municipality corrected the Jiutai Food Business Department in Jiangjin District for selling mixed packaging of mooncakes with other products, and bundling of mooncakes with other commodities in violation of the mandatory national standards for excessive packaging of restricted commodities and the "About Curbing "Astronomical Prices"" Mooncakes, the Announcement on Promoting the Healthy Development of the Industry".
After investigation, the Jiangjin District Jiutai Food Business Department sold boxed mooncakes with milk yellow heart on September 6, 2022, with a net content of 400 grams per box and a sales price of 98 yuan per box. The nominal manufacturer is Zhaoqing Jiaxin Food Co., Ltd., which produces The date is August 29, 2022.
The party concerned sold some of the above boxed mooncakes with fruit gift boxes, which violated the "Announcement" that "operators who sell boxed mooncakes shall not sell other commodities in any form; nor may they sell mooncakes with other products in the form of gift boxes." .
At the same time, the party concerned also mixed some of the above boxed moon cakes with fruits, and made them into new moon cake gift boxes for sale. The gift boxes contained moon cakes and various fruit products, which did not meet the requirements of GB23350-2021 "Restrictions on Excessive Packaging of Commodities Food and Cosmetics". The requirement of the standard "Moon cakes should not be mixed with other products" violates the "Law on the Prevention and Control of Environmental Pollution by Solid Waste" prohibiting excessive packaging, and constitutes an act of failing to comply with the mandatory standards for restricting excessive packaging of commodities.
On September 6, 2022, the Market Supervision Bureau of Jiangjin District, Chongqing City, according to the "Announcement", gave administrative guidance to the party concerned's behavior of bundling mooncakes with other products, and ordered him to correct the sales behavior that violated the "Announcement".
According to Article 105 of the "Law on the Prevention and Control of Environmental Pollution by Solid Waste", the parties are ordered to immediately correct the behavior of mixing mooncakes with other products.
After re-examination, the party concerned has removed all relevant gift boxes from the shelves on September 6, and deleted the promotion of boxed mooncakes and fruit gift boxes for sale.
3. The Market Supervision Bureau of Shaoxing City, Zhejiang Province corrected the Keqiao Qingyun Food Store in Keqiao District, Shaoxing City for failing to comply with the mandatory national standards for restricting excessive packaging of goods
On August 31, 2022, the Market Supervision Bureau of Keqiao District, Shaoxing City, Zhejiang Province corrected the act of mixing mooncakes with other products in Keqiao Qingyun Food Store in Keqiao District, Shaoxing City, which violated the compulsory national standard for excessive packaging of restricted commodities.
After investigation, Keqiao Qingyun Food Store in Keqiao District, Shaoxing City sold a mooncake gift box with the specification name "Meeting Season" on August 31, 2022. The upper layer of the gift box contains 6 mooncakes, and the lower layer contains 2 cans of tea leaves. The production date is 2022. On August 30, the marked sales price was 398 yuan/box.
The parties purchased moon cakes, tea leaves and packaging boxes, made and packaged them into gift boxes and sold them to the outside world, which did not comply with the No. 1 Amendment to the National Standard of GB23350-2021 "Restricting Excessive Packaging Requirements for Commodities Food and Cosmetics" "Moon cakes should not be mixed with other products" Provisions.
The above-mentioned behavior of the parties violated the prohibition of excessive packaging in the "Law on the Prevention and Control of Environmental Pollution by Solid Waste", and constituted an act of failing to comply with the mandatory standards for restricting excessive packaging of commodities.
On August 31, the Market Supervision Bureau of Keqiao District, Shaoxing City ordered the parties concerned to make corrections immediately in accordance with Article 105 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste.
After a review on September 2, the above mooncake gift box set has been removed from the shelves.
4. Wenzhou Municipal Market Supervision Bureau of Zhejiang Province corrected Yueqing Liangxiong Food Co., Ltd. for failing to comply with the mandatory national standards for restricting excessive packaging of commodities
On August 31, 2022, the Market Supervision Bureau of Yueqing City, Zhejiang Province corrected Yueqing Liangxiong Food Co., Ltd.’s production and sales of mooncake packaging costs in violation of mandatory national standards for restricting excessive packaging of commodities.
After investigation, Yueqing Liangxiong Food Co., Ltd. produced and sold 24 sets of mooncake gift boxes on August 28, 2022. The packaging cost of purchasing gift boxes is 25 yuan per piece. According to the different mooncakes loaded, the final sales price varies from 80 yuan to 150 yuan. Wait.
For moon cakes with a sales price of 80-100 yuan, the packaging cost accounts for between 25% and 31.25% of the sales price, and for moon cakes with a sales price of 100-150 yuan, the packaging cost accounts for between 16.67% and 25% of the sales price, which does not comply with GB23350-2021 " Restrictions on Excessive Packaging of Commodities Food and Cosmetics "National Standard No. 1 Amendment "... The cost of all packaging except those that are in direct contact with the contents shall not exceed 20% of the sales price of the product. Mooncakes with a sales price of more than 100 yuan ...all packaging costs do not exceed 15% of the sale price" requirement.
The above-mentioned behavior of the parties violated the prohibition of excessive packaging in the "Law on the Prevention and Control of Environmental Pollution by Solid Waste", and constituted an act of failing to comply with the mandatory standards for restricting excessive packaging of commodities.
On August 31, the Yueqing City Market Supervision Bureau ordered the party concerned to make corrections immediately in accordance with the provisions of Article 105 of the "Solid Waste Pollution Prevention and Control Law", and the party concerned removed the above-mentioned mooncakes from the shelves on the spot.
After a review on September 5, the above-mentioned moon cake gift box has been removed from the shelves.
5. The Market Supervision Bureau of Tai'an City, Shandong Province corrected the behavior of the Tai'an Dongzun Ramada Hotel for failing to comply with the mandatory national standards for restricting excessive packaging of goods
On August 26, 2022, the Market Supervision Bureau of Tai'an City, Shandong Province corrected the violation of the mandatory national standard for restricting excessive packaging of goods by the void ratio of the mooncake packaging sold by the Ramada Plaza Hotel in Tai'an.
After investigation, Tai'an Dongzun Ramada Hotel will sell gift box mooncakes named "Family Carnival Moon" on August 26, 2022. The net content is 600 grams per box, the sales price is 268 yuan per box, and the production date is August 10, 2022. day.
After on-site sampling inspection and confirmation by the parties concerned, the void rate of mooncake packaging of this specification is 55%, which does not meet the requirements of the national standard GB23350-2009 "Restricting Excessive Packaging Requirements for Commodities Food and Cosmetics" on the void rate of mooncake packaging.
The above-mentioned behavior of the parties violated the prohibition of excessive packaging in the "Law on the Prevention and Control of Environmental Pollution by Solid Waste", and constituted an act of failing to comply with the mandatory standards for restricting excessive packaging of commodities.
On August 26, 2022, the Tai'an Municipal Market Supervision Bureau ordered the party concerned to make corrections immediately in accordance with Article 105 of the "Law on the Prevention and Control of Environmental Pollution by Solid Waste".
After re-examination, the party concerned has corrected the behavior of operating excessively packaged goods.
6. The Market Supervision Bureau of Jinan City, Shandong Province corrected Jinanzhuang Catering Management (Shenzhen) Co., Ltd. Jinan Vientiane City branch for failing to comply with mandatory national standards for restricting excessive packaging of goods
On August 23, 2022, the Market Supervision Bureau of Jinan City, Shandong Province corrected Jinanzhuang Catering Management (Shenzhen) Co., Ltd. Jinan Vientiane City Branch to sell mooncake packaging voids in violation of mandatory national standards for excessive packaging of restricted products.
After investigation, the Jinan Vientiane City branch of Jinanzhuang Catering Management (Shenzhen) Co., Ltd. sold a mooncake gift box with the specification name "Supreme Bird's Nest Mooncake" on August 18, 2022. The sales price was 538 yuan, and the nominal manufacturer Le Dijia Foods (Shenzhen) Co., Ltd.
According to the inspection by the Jinan Metrology and Testing Institute, the packaging void rate of the above-mentioned moon cakes is 67%, which does not meet the requirements of the national standard GB 23350-2009 "Restricting Excessive Packaging Requirements for Commodities Food and Cosmetics" on the void rate of moon cake packaging.
The above-mentioned actions of the parties violated the provisions of the "Law on the Prevention and Control of Environmental Pollution by Solid Waste" that prohibit excessive packaging of commodities, and constituted the behavior of producers and operators who failed to comply with the mandatory standards for restricting excessive packaging of commodities.
On August 23, 2022, the Jinan Municipal Market Supervision Bureau ordered the party concerned to make corrections immediately in accordance with Article 105 of the "Law on the Prevention and Control of Environmental Pollution by Solid Waste".
After a re-examination on September 8, the parties concerned have removed the mooncakes with excessive packaging problems.
7. The Beijing Municipal Market Supervision Bureau investigated and dealt with the case of Beijing Nuocheng Shengye Catering Management Co., Ltd. publishing illegal advertisements
On April 22, 2022, the Beijing Municipal Market Supervision Bureau imposed administrative penalties on Beijing Nuocheng Shengye Catering Management Co., Ltd. for publishing advertisements that violated social good customs.
In the early stage of the special work of centralized rectification of the "crab card and crab coupon" problem carried out by the Beijing Municipal Market Supervision Bureau, the Beijing Municipal Market Supervision Bureau found that Beijing Nuocheng Shengye Catering Management Co., Ltd. sold hairy crab gift cards and hairy crab gift boxes on its official website. There is a prominent position on its publicity page with the words "send the leader" in the advertisement content.
The Beijing Municipal Bureau of Market Supervision filed a case and investigated the parties in accordance with the law.
After investigation, the content of the advertisement was designed, produced and released by the parties themselves.
The above-mentioned behavior of the party violated the provisions of Article 9 (7) of the "Advertising Law of the People's Republic of China", and the Beijing Market Supervision Bureau imposed administrative penalties on the party in accordance with the law.
8. The Market Supervision Bureau of Xiangcheng District, Suzhou City, Jiangsu Province investigated and dealt with the case of infringement of consumer rights by Suzhou Yangcheng Lake Crab Yingtianxia Ecological Aquatic Products Co., Ltd.
On March 23, 2022, the Market Supervision Bureau of Xiangcheng District, Suzhou City, Jiangsu Province imposed administrative penalties on Suzhou Yangcheng Lake Xieying Tianxia Ecological Aquatic Products Co., Ltd. for its violation of consumer rights and interests.
In the special rectification work of the hairy crab market carried out by the Market Supervision Bureau of Xiangcheng District in the early stage, the Market Supervision Bureau of Xiangcheng District conducted spot checks on the online stores of the parties concerned.
Under the notarization of the notary office, the spot check purchased a "Yangcheng United Hairy Crab Pickup Gift Certificate" sold by the party in the online store, and the price was 618 yuan.
The gift certificate shows the specifications: "Male 5.5 taels, female 4 taels, quantity: 4 males and 4 females, 8 pcs in total".
After the exchange, the weighing results show that the average male crab is about 4.08 taels, and the average female crab is about 2.77 taels.
Later, under the notarization of the notary office, the Xiangcheng District Market Supervision Bureau purchased a box of "Yangcheng United Extra Large 8 Spot Hairy Crabs Fresh Crabs Gift Box" sold by the party in the online store at a price of 458 yuan.
The nominal specification on the web page: "Male crabs 5.3 taels, female crabs 3.8 taels, 4 pairs in total, 8 in total", after the exchange, the weighing results showed that the average male crabs were about 4.74 taels, and the average female crabs were about 3.59 taels.
According to the calculation of the 7% water loss rate advertised on the website of the party concerned, most of the crabs in the results of the two random inspections did not reach the declared weight.
The behavior of the party violated the provisions of Article 24 of the "Regulations on the Protection of Consumer Rights and Interests of Jiangsu Province". Because the party had been administratively punished twice for similar illegal acts, and based on the above factors, the Xiangcheng District Market Supervision Bureau imposed a heavier punishment on the party in accordance with the law.
(China New Finance and Economics)
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