China News Service, March 18 (China News Business Reporter Zuo Yuqing) On March 15, many companies used unstrictly processed pork to make pre-prepared dishes of braised pork with pickled vegetables and vegetables. Once it was exposed, it aroused strong public attention.
Many netizens have noticed that these braised pork with pickles and vegetables are not only sold offline, but also flowed into major e-commerce live broadcast rooms, becoming "Internet celebrity products" recommended by anchors.
Oriental Selection and Brother Xiao Yang once brought this pickled pork with pickled vegetables.
Among the problematic companies and products exposed at the "3·15 Party", "Yuhuiyuan Meicai Braised Pork" produced by Anhui Donghui Food Technology Co., Ltd. was on the list, and this product was listed in "Oriental Selection" and "Crazy Available for sale in "Xiao Yang Ge" live broadcast room.
In this regard, many netizens questioned, "My favorite braised pork, I have bought it several times at Oriental Selection..." "Isn't it said that the backing is very strict? Why is there a problem?"
Well-known anti-counterfeiter "Wang Hai" pointed out on social media platforms that the sales of Three Sheep Qiao Mei exceeded 242,000 orders in just one live broadcast. Calculated at 59.9 yuan per order, the cumulative sales exceeded 14 million yuan.
Oriental Selection sold 53,000 units, with sales reaching 3.17 million yuan.
The "Yu Huiyuan Fresh Food Flagship Store" previously released a promotional video about braised pork with pickled vegetables.
Screenshot from short video platform.
China News Finance noted that according to announcements from Oriental Selection and Three Sheep Network, the manufacturer of this product is Anhui Donghui Food Technology Co., Ltd. and the seller is Hubei Xiaocheng Youxuan Technology Development Co., Ltd.
The "Yuhuiyuan Fresh Food Flagship Store", the registered store of "Little Orange Selection" on the short video platform, deleted all videos and products on the night of March 15.
The page of "Yu Huiyuan Fresh Food Flagship Store" shows that its total sales volume so far is 1.089 million.
Apology: Claiming that online products do not use tautoou meat in violation of regulations
On March 18, Oriental Selection and Three Sheep Network successively issued announcements, admitting that they had carried this style of pickled pork with pickled vegetables, and apologized for this.
Oriental Selection stated that on the morning of March 16, it decided to advance refunds for consumers.
"If the merchant cannot provide strong evidence, we will further advance triple compensation to the consumer on the basis of a full refund and resolutely hold the merchant and manufacturer accountable."
Apology statement from "Three Sheep Network".
Screenshot from the official Weibo of "Three Sheep Network".
Sanyang Network stated that it had launched consumer registration on the night of March 15 and began to advance advance refunds.
Regarding the previous quality control link, Three Sheep Network said: “Quality control personnel conducted surprise inspections of the manufacturer’s raw materials, production workshops, packaging workshops, etc. from May 4 to 5, 2023, and supervised on-site delivery conditions. According to the video and picture evidence, no abnormalities were found at the scene, and the above evidence was reported to the relevant competent authorities for storage.”
It is worth mentioning that both Oriental Selection and Three Sheep Network claim that “both manufacturers and sellers stated that online products do not use trough meat in violation of regulations, and promised to provide relevant certification materials as soon as possible.”
The customer service staff of Yuhuiyuan Fresh Food Flagship Store also emphasized to Sino-Singapore Finance that there was no problem with the pickled vegetables and meat sold.
“We guarantee that every box of pork belly we sell online is made from pork belly. The government departments are also verifying and investigating. We will announce any news as soon as possible. We also support going to regular institutions for testing, and we will bear the testing costs! If you want to return it, we will handle it for you right away. After all, I must still feel uncomfortable after seeing the news, and we will actively cooperate with you to handle it."
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Advance three times the compensation" or "refund one and compensate ten"?
It is worth noting that Oriental Selection has promised "triple compensation" for this; however, some netizens believe that in this case, "one will be refunded and ten will be compensated."
How is the legal definition of "compensate three" or "compensate ten"?
Article 55 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" stipulates: "If an operator engages in fraudulent behavior in providing goods or services, it shall increase compensation for the losses suffered by consumers according to their requirements. The amount of increased compensation shall be the amount purchased by the consumer. Three times the price of the goods or the fee for receiving services; if the amount of additional compensation is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, such provisions shall prevail."
Article 148 of the "Food Safety Law of the People's Republic of China" stipulates: "Consumers who produce food that does not meet food safety standards or operate food that they know knowingly do not meet food safety standards may, in addition to claiming compensation for losses, also file claims against the manufacturer. The owner or operator requires compensation of ten times the price or three times the loss; if the amount of increased compensation is less than one thousand yuan, it shall be one thousand yuan."
Cai Weidong, a partner and lawyer at Times Jiuhe Law Firm, believes that the reason for the disagreement is that the legal basis cited by the two parties is different.
"In this incident, the consumer's consumption object happened to be food, so there was a conflict between consumer rights and food safety responsibilities. Both statements are not wrong, but according to the legal principle that special laws are superior to general laws, the application Food safety laws are more targeted.”
An Xiang, director of Beijing Dexiang Law Firm, told Sino-Singapore Finance that the key to this issue is whether the use of tuna meat violates the Food Safety Law of the People's Republic of China.
Oriental Selection carries "Yu Huiyuan Braised Pork with Plum Vegetables".
Screenshot from short video platform.
According to the "National Standard of the People's Republic of China (GB/T17236-2008) Pig Slaughtering Operating Procedures", pigs after slaughter must be "renovated and re-inspected", which clearly requires: renovating the (pig) abdomen and trimming nipples in order , bloodletting incision, cutting off the groove head, heart-protecting oil, dark wounds, abscesses, scars and missing diseased glands.
"If the raw materials used are harmful to the human body and are toxic and harmful, the producer or operator should be required to pay ten times the price or three times the loss in accordance with Article 148 of the Food Safety Law of the People's Republic of China. times the compensation; if there is no violation of the Food Safety Law, but there is shoddy goods and false propaganda, the provisions of Article 55 of the "Consumer Rights and Interests Protection Law of the People's Republic of China" "refund one and compensate three" shall apply. "
An Xiang believes that if the pickled pork belly sold by Dongfang Selection and Three Sheep online contains tuna meat, it will violate the food safety law and comply with the "refund one and compensate ten" situation.
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