China News Service, April 8. According to the website of the State Administration for Market Regulation, the State Administration for Market Regulation released the top ten typical cases of the "Iron Fist" operation in 2023 on the 8th. details as follows:
1. Beijing Tongzhou District Market Supervision Bureau investigated and dealt with the case of Beijing Rongqing E-commerce Co., Ltd. selling shoes and clothing that infringed the exclusive right to register a trademark
On January 16, 2023, the Beijing Tongzhou District Market Supervision Bureau investigated and dealt with the illegal behavior of Beijing Rongqing E-commerce Co., Ltd. in selling shoes and clothing that infringed the exclusive rights of registered trademarks in accordance with the law. Because the behavior of the parties involved was suspected of constituting a crime, the case has been transferred to the public security organs.
On January 13, 2023, the Tongzhou District Market Supervision Bureau received clues that someone in a warehouse in Zhangjiawan Town was selling clothing that infringed on the exclusive rights to registered trademarks. The Tongzhou District Market Supervision Bureau immediately went to the scene together with the public security department to conduct inspections. After investigation, it was found that the main user of the warehouse is Beijing Rongqing E-Commerce Co., Ltd. After renting the warehouse in August 2021, the legal representative of the company, Ding, used the name of "Lao Ding Shoe Warehouse" through offline and WeChat groups, The “Douyin” and “Kuaishou” platforms sell clothing and footwear products. Law enforcement officers seized a total of 2,367 pieces of clothing and 1,282 pairs of sports shoes that infringed the exclusive rights of registered trademarks on site, involving a total amount of 6.42 million yuan. The behavior of the parties constituted an illegal situation stipulated in Article 57 of the Trademark Law of the People's Republic of China, infringed upon the right holder's exclusive right to register a trademark, and was suspected of constituting a crime. The Tongzhou District Market Supervision Bureau transferred the case to the public security organs in accordance with the law.
This case involves a lot of property and a long investigation chain, making it difficult to investigate and collect evidence. During the investigation, the market supervision department discovered suspected criminal suspects, and immediately activated the intellectual property execution linkage working mechanism, notifying the public security organs to intervene in advance to ensure that the evidence was fixed and preserved in a timely manner, and the intensity and effectiveness of the case handling were ensured.
2. The Market Supervision Bureau of Suzhou Industrial Park, Jiangsu Province investigated and dealt with the case of false and illegal advertisements issued by Suzhou Tongzhou E-commerce Co., Ltd.
On August 16, 2023, the Suzhou Industrial Park Market Supervision Bureau of Jiangsu Province imposed an administrative penalty on Suzhou Tongzhou E-commerce Co., Ltd. for publishing false advertisements and claiming health care and disease treatment effects in ordinary food advertisements, and fined it 200,000 yuan. .
On November 14, 2022, advertising monitoring by the Industrial Park Market Supervision Bureau found that Suzhou Tongzhou E-commerce Co., Ltd. promoted "support heart health", "protect blood sugar health", "pulmonary kinetic energy tablets" and other content when selling products on an e-commerce platform, and was suspected of Publish false advertising. After investigation, it was found that the parties involved were selling ordinary commodities and failed to provide the corresponding basis for the above-mentioned publicity. The investigation also found that from April 2018 to December 2019, the parties sold female uterus and ovary maintenance essence, coenzyme Q10, HVP hydrolyzed protein chromium chelate, lung health, and melatonin on an e-commerce platform through cross-border e-commerce. , arginine, resveratrol and other 7 products. The related foods have not been registered or filed as health food in China and are ordinary commodities. However, the parties claimed that they can improve sleep and relieve physical fatigue, and highlighted the "improvement" "Energy", "Energy strong", etc. At the same time, the party concerned was unable to provide relevant supporting materials for the claims of "regulating menstruation, avoiding heart palpitations, adjusting blood sugar, cleaning lung tablets, whitening, and accumulative sales of 500,000+ bottles across the entire network". The behavior of the party concerned violated Article 17 of the Advertising Law of the People's Republic of China and the provisions of Paragraph 1 and Paragraph 2 (2) of Article 28. The Industrial Park Market Supervision Bureau imposed administrative penalties on the party concerned in accordance with the law.
In this case, the parties involved sold ordinary food through cross-border e-commerce, knowing that it did not have relevant health food functions or disease treatment effects, but embedded relevant illegal terms in the pictures in an attempt to circumvent the crackdowns of the regulatory authorities and highlighted certain aspects of the product in the promotion. The function of each ingredient is exaggerated and implied to cause consumers to misunderstand. The market supervision department promptly investigated and dealt with the matter and safeguarded the rights and interests of consumers.
3. The Market Supervision Bureau of Pingyang County, Zhejiang Province investigated and dealt with the case of Wenzhou Kangtai Leather Co., Ltd. using uninspected boilers
On April 26, 2023, the Market Supervision Bureau of Pingyang County, Zhejiang Province imposed administrative penalties on Wenzhou Kangtai Leather Co., Ltd. for the illegal use of unregistered and uninspected boilers and fined it 200,000 yuan.
On February 13, 2023, the Pingyang County Market Supervision Bureau inspected Wenzhou Kangtai Leather Co., Ltd. and found that there was one pressure-bearing steam boiler in use, with a design pressure of 0.09MPa, an on-site pressure gauge showing a pressure of 0.25MPa, and a water volume of 6700L. , and there are 6 iron blocks on the two safety valves, and the party concerned cannot provide the inspection certificate of the boiler. After investigation, the manufacturing unit of the pressure-bearing steam boiler was a boiler factory in Suqian City, with a manufacturing date in April 2022 and a rated working pressure of 1.25MPa. On September 2, 2022, the boiler factory lowered the rated working pressure of the above-mentioned boiler from 1.25MPa to 0.09MPa, and issued relevant information. On February 5, 2023, the party involved put the equipment into use and borrowed external force to operate it at an excess working pressure. , the water volume of the above equipment is 6700L, the actual operating pressure is greater than 0.1MPa, and it belongs to the pressure-bearing steam boiler in the "Special Equipment Catalog". The behavior of the party violated the provisions of Article 32, Paragraph 1 and Article 33 of the Special Equipment Safety Law of the People's Republic of China, and the Pingyang County Market Supervision Bureau imposed administrative penalties on the party in accordance with the law.
Boilers are widely used in industries such as food processing, textile printing and dyeing, residential services, wood and metal product production, etc. It is the legal responsibility of the operating entity to produce and use boilers with legal, compliant, clear and accurate parameters, and is a necessary measure to ensure the safety of boilers. The investigation and handling of this case has cracked down on illegal activities such as falsely marking (low-marking) boiler design pressure parameters and using uninspected boilers, and has also sounded the alarm for business entities that attempt to evade supervision through such methods.
4. The Market Supervision Bureau of Tongling City, Anhui Province investigated and dealt with the case of Li and others producing and selling food with added drugs
On July 30, 2022, the Market Supervision Bureau of Tongling City, Anhui Province investigated and dealt with the illegal activities of Li and others in producing and selling tablet candies containing new antihypertensive drugs. The behavior of the parties involved was suspected of constituting a crime, and the case was transferred to the public security organs. On April 23, 2023, the Tongling Municipal People’s Procuratorate launched a public prosecution against Li and five other people.
On February 8, 2022, law enforcement officers from the Tongling Municipal Market Supervision Bureau inspected the Bochuntang Pharmacy in the suburbs of Tongling City based on clues and found that the pharmacy claimed that the ordinary food "Ginseng Qi Tablet Candy" it sold had the function of controlling blood pressure. After testing, the above-mentioned tablet candies contain five new chemical antihypertensive drugs including metolazone and azilsartan. The behavior of the parties concerned violated the provisions of Article 38 of the Food Safety Law of the People's Republic of China and was suspected of constituting a crime. The Tongling Municipal Market Supervision Bureau transferred the case to the public security organs in accordance with the law, and established a joint task force with the public security organs to investigate. On January 11, 2023, the joint task force went to Nanyang in Henan, Shijiazhuang in Hebei, and Bozhou in Anhui to conduct investigations, destroyed one den, and took criminal coercive measures against Li and others who organized production and sales. On March 24, 2023, the public security agency transferred the case to the procuratorate for review and prosecution.
In this case, the market supervision department used inspection and testing technology to promptly discover new antihypertensive drugs illegally added to food by criminals, lock in the facts of their illegal crimes, and quickly cooperate with the public security organs to strike hard, effectively cracking down on illegal activities in the food field.
5. The Market Supervision Bureau of Haicang District, Xiamen City, Fujian Province investigated and dealt with the case of Xiamen Futaihua Energy Saving and Environmental Protection Technology Co., Ltd. engaging in boiler production without permission
On July 21, 2023, the Market Supervision Bureau of Haicang District, Xiamen City, Fujian Province imposed administrative penalties on Xiamen Futaihua Energy Saving and Environmental Protection Technology Co., Ltd. for illegal production of boilers without a license, confiscating illegal gains of 10,200 yuan and fined 100,000 yuan. Yuan.
On May 31, 2023, the Haicang District Market Supervision Bureau inspected Xiamen Futaihua Energy Saving and Environmental Protection Technology Co., Ltd. based on clues and found that the three steam generators sold by the parties had rated pressures of 0.7MPa and water volumes of If it exceeds 30L, it is inconsistent with the parameters marked on the certificate. After investigation, the party sold a total of 3 steam generators with a rated capacity of 29.5L to a plywood factory, an industrial company, and a wood products factory. These three steam generators were produced, designed, installed, and debugged on site by the party. . According to the "User Unit Water Volume Test Report" issued by the testing agency, the test water volume of the above three steam generators far exceeds 30L and the rated steam pressure is greater than or equal to 0.1MPa, which belongs to the "boiler" within the scope of the "Special Equipment Catalog". The parties must obtain Production is only possible with the corresponding special equipment production license. As of the incident, the parties involved had not obtained a special equipment production license and had illegal gains of 10,200 yuan. The above-mentioned behavior violated the provisions of Article 18 of the Special Equipment Safety Law of the People's Republic of China, and the Haicang District Market Supervision Bureau imposed administrative penalties on the parties concerned in accordance with the law.
In this case, in order to evade legal supervision and management such as special equipment production licenses, the parties falsely labeled the parameters of boiler products that were more dangerous and should be included in the supervision of special equipment. This is a typical behavior of "large capacity and small label", which may cause users to Ignoring the real risks in boiler use and not using equipment in accordance with boiler safety management requirements will bring safety hazards. The market supervision department strictly investigates and punishes illegal activities such as "large capacity and small standard" of boilers to prevent and reduce the occurrence of boiler accidents.
6. The Market Supervision Bureau of Luoyang City, Henan Province investigated and dealt with the case of Luoyang Aojitong Aolin Automobile Sales Co., Ltd. using standard clauses to infringe on consumer rights.
On March 17, 2023, the Market Supervision Bureau of Luoyang City, Henan Province imposed administrative penalties on Luoyang Aojitong Aolin Automobile Sales Co., Ltd. in accordance with the law for using the contract format clauses to exempt itself from liability for breach of contract and to exclude consumers’ rights to interpret the clauses. A fine of 10,000 yuan was imposed.
On December 27, 2022, the Luoyang Municipal Market Supervision Bureau discovered during supervision and inspection that the delivery terms of the vehicle purchase and sales contract signed by Luoyang Aojitong Aolin Automobile Sales Co., Ltd. and consumers contained "If the vehicle ordered by the buyer is not an existing vehicle, the vehicle will be delivered to the store On the same day, the seller should notify the buyer to pick up the car at the store. The buyer must go through the pick-up procedures within three working days after the vehicle arrives at the store. Otherwise, it will be regarded as a breach of contract by the buyer, and the buyer will bear the liability for breach of contract. The ordered vehicle will be handed over to the seller at its sole discretion. In addition to uncontrollable factors, if the delivery of the vehicle is delayed for more than ninety days, both parties will automatically terminate the contract, due to force majeure reasons such as natural disasters, wars, strikes, major changes in national policies, or due to the manufacturer's delivery arrangements or problems during transportation. If the vehicle cannot be delivered or is delayed due to reasons beyond the seller's control, the seller may be exempted from liability for breach of contract. "The right to interpret the above terms belongs to Luoyang Aojitong Aolin Automobile Sales Co., Ltd." etc. After investigation, the parties concerned began to use the above-mentioned contract in March 2022, and printed a total of 800 copies. By the time of the incident, 286 copies had been used. The behavior of the party violated the provisions of Article 9 of the "Measures for the Supervision and Handling of Contract Violations", and the Luoyang Municipal Market Supervision Bureau imposed administrative penalties on the party in accordance with the law.
Market transactions require honesty, trustworthiness, fairness and justice, and some operators' illegal behavior of exempting themselves from responsibilities and increasing consumers' responsibilities through contract standard clauses has seriously damaged a good market consumption environment. The market supervision department will continue to increase the investigation and punishment of such illegal activities so that consumers dare to consume and consume with confidence.
7. Chongqing Rongchang District Market Supervision Bureau investigates the case of Guo selling salted tripe without inspection and quarantine
On July 5, 2023, the Chongqing Rongchang District Market Supervision Bureau imposed administrative penalties on Guo for his illegal behavior of operating salted tripe without inspection and quarantine, confiscated 10 tons of salted tripe without inspection and quarantine, and fined him RMB 210. Ten thousand yuan.
In early February 2023, the Rongchang District Market Supervision Bureau received reports from the masses that someone was storing and selling suspicious tripe in an abandoned primary school in Rongchang District. Law enforcement officers immediately joined forces with the public security organs to conduct an on-site surprise inspection and seized 10 tons of salted tripe sold by the party Guo on the spot. The party was unable to provide a supplier qualification certificate and an animal quarantine certificate for the tripe. The value of the goods involved was 300,000 yuan. The behavior of the parties concerned violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China. The Rongchang District Market Supervision Bureau imposed administrative penalties on the parties concerned in accordance with the law.
The use of food raw materials that have not been inspected and quarantined to produce processed foods may involve major food safety risks and seriously threaten the health and safety of the people. Market supervision departments have always insisted on severely cracking down on such illegal activities and adhering to the bottom line of food safety.
8. The Market Supervision Bureau of Xinjin District, Chengdu City, Sichuan Province investigated and dealt with the case of false and illegal advertisements issued by Sichuan Xinruixiang Health Management Co., Ltd.
On June 26, 2023, the Market Supervision Bureau of Xinjin District, Chengdu City, Sichuan Province imposed administrative penalties on Sichuan Xinruixiang Health Management Co., Ltd. for publishing false advertisements, claiming disease treatment functions and using medical terms in cosmetics advertisements, and fined Sichuan Xinruixiang Health Management Co., Ltd. 55 Ten thousand yuan.
In October 2022, the Xinjin District Market Supervision Bureau received a complaint stating that Sichuan Xinruixiang Health Management Co., Ltd. was suspected of publishing false advertisements. At the same time, an advertisement for a disinfectant product it sold claimed to have disease treatment effects. After investigation, since 2022, the parties involved have been selling cosmetics "Gan Kangyuan Activating Energy Essence" and disinfectants "Gan Kangyuan Brand Repair Gel" through self-built websites, APPs and mini programs. On the product promotion page, the "Gan Kangyuan Activating Energy" Essence" claims that "traditional Chinese medicine... effectively treats and prevents malignant skin diseases such as acne, psoriasis, allergies, etc." and claims that it "deeply detoxifies and activates cells...accelerates blood circulation around the eyes, reduces eye bags, and improves dark circles." "Gan Kangyuan brand repair gel" claims "product functions: rejuvenation, anti-aging, firming skin, aiding sleep, detoxifying, losing weight, increasing hair, regulating hormonal balance in the body, increasing sexual desire, improving joints", "small location, big effect", "no injections, medicines, or massage required" To do this, just apply the repair gel to your wrist!" "The ingredient HGH has ten major effects: 1. It can make every organ in the body grow again; 2. Enhance the body's immunity... 5. Eliminate Wrinkles, keep the skin delicate and smooth... 8. Lower blood lipids and cholesterol; 9. Regenerate hair, turn white hair black, improve hair quality, and reduce hair loss; 10. Enhance bone density, prevent osteoporosis, and prevent senile diseases. A fracture occurred." The above-mentioned behavior violated the provisions of Article 4, Paragraph 1 and Article 17 of the Advertising Law of the People's Republic of China, and the Xinjin District Market Supervision Bureau imposed administrative penalties on the parties concerned in accordance with the law.
In this case, the parties involved packaged ordinary cosmetics and disinfectants as "magic medicines" in their advertisements, conveying wrong information to consumers, which may delay patients' optimal treatment time and seriously damage consumers' legitimate rights and interests. The market supervision department punishes parties in accordance with laws and regulations based on the nature, circumstances, and social harm of their illegal acts, effectively cracking down on illegal acts, safeguarding consumer rights and interests, and standardizing market order.
9. The Market Supervision Bureau of Baiyun District, Guiyang City, Guizhou Province investigated and dealt with the case of Guizhou Boda Science and Technology Baiyun Branch failing to perform purchase inspection obligations when purchasing food raw materials
On April 7, 2023, the Market Supervision Bureau of Baiyun District, Guiyang City, Guizhou Province issued an administrative penalty in accordance with the law for the illegal behavior of the Baiyun Branch of Guizhou Boda University of Science and Technology in purchasing food raw materials, failing to perform purchase inspection obligations and failing to make rectifications within the prescribed time limit, and fined it 36,000 yuan. Yuan.
On March 13, 2023, the Market Supervision Bureau of Baiyun District, Guiyang City conducted a law enforcement inspection in the canteen of the Baiyun Branch of Guizhou Boda Science and Technology School (3,000 teachers and students on campus) and found that the party concerned did not establish a purchase inspection record system when purchasing food raw materials. Check the supplier's license and food factory inspection certificate or other certificates of conformity. Law enforcement officers issued an "On-the-spot Administrative Penalty Decision" on the spot, gave the parties a warning, and required the parties to make rectifications before March 17, 2023. On March 20, law enforcement officers went to the party’s canteen for re-inspection and found that the party failed to make rectifications as required within the specified time limit. The behavior of the party concerned violated the provisions of Article 53, Paragraph 1, of the Food Safety Law of the People's Republic of China, and the Baiyun District Market Supervision Bureau imposed administrative penalties on the party concerned in accordance with the law.
The party involved in this case is a vocational school with a large and concentrated dining population. Food safety on campus is not only directly related to the physical health and life safety of teachers and students, but also to the order of education and teaching and social harmony and stability. The administrative penalties imposed by the market supervision department on the parties in accordance with the law are a strong deterrent to the parties, urging them to carry out production and business activities in compliance with laws and regulations, effectively protecting the legitimate rights and interests of teachers and students, and also warning other food production and business units to further enhance their food safety awareness.
10. The Market Supervision Bureau of the Bayingolin Mongolian Autonomous Prefecture in the Xinjiang Uygur Autonomous Region investigated and dealt with the case of Jinlanhong Fertilizer Co., Ltd.’s production and sales of fertilizers with fake origins
On March 29, 2023, the Market Supervision Bureau of the Bayingolin Mongolian Autonomous Prefecture in the Xinjiang Uygur Autonomous Region investigated and dealt with the case of Jinlanhong Fertilizer Co., Ltd.’s fake origin of fertilizer production and sales in accordance with the law. The parties involved were suspected of committing a crime, and the case has been transferred to the public security organs.
On March 6, 2023, the Bayingoleng Mongolian Autonomous Prefecture Market Supervision Bureau conducted a law enforcement inspection of Jinlanhong Fertilizer Co., Ltd. on site. It was found on site that the party involved was organizing workers to engage in fertilizer filling, and would print "Drip Irrigation Monoammonium, Yunnan Kai" Feng Fertilizer Co., Ltd., No. 6 Guantong Road, Guandu District, Kunming, Yunnan Province, sealed the fertilizer packaging bags. In addition, 558.2 tons of finished fertilizer products such as potassium sulfate fertilizer were found in the finished product storage area. After investigation, Yunnan Kaifeng Fertilizer Co., Ltd. does not have the Mannheim method production equipment and technology indicated on the outer packaging bag of potassium sulfate fertilizer. The parties involved marked the names of other companies on the outer packaging of the fertilizer and were suspected of forging the place of origin. The total value of the fertilizer involved in the case was 1.9993 million yuan. The behavior of the parties concerned violated the provisions of Articles 5 and 30 of the "Product Quality Law of the People's Republic of China" and was suspected of constituting a crime. The Bazhou Market Supervision Bureau transferred the case to the public security organs for handling in accordance with the law.
The production and sale of counterfeit and substandard fertilizers seriously endangers farmers' vital interests and national food security. The investigation and handling of this case has served as a warning to production and business entities to consciously standardize their production and business behaviors, forming a strong deterrent.