Workers' Daily(Version 2023, 09 September 27)

This newspaper news (reporter Lu Yue) e-commerce platform uses the label of "children's snacks" to sell vulgar and spoof "body sugar" to minors, and the procuratorial organs play the role of public interest litigation procuratorial to promote the protection of minors' food safety network. The Beijing Municipal People's Procuratorate recently released the "2022 Beijing Juvenile Procuratorial Work Typical Cases", which disclosed this case.

During the investigation of Internet public interest litigation clues, the Beijing Railway Transportation Procuratorate found that some operators in three platforms, namely a network platform limited company (hereinafter referred to as Company A), a technology limited company (hereinafter referred to as Company B), and an e-commerce limited company (hereinafter referred to as Company C), used labels such as "children's candy", "children's leisure Internet celebrity snacks", "Children's Day gifts" and "children's snacks" to promote and sell "whole tricks" and "spoof" limb candies, "pig feed", eyeball candy and other foods that go against social customs. and use propaganda language that violates public order and morals. Minors have a strong curiosity, like to imitate, like to hunt, and at the same time lack sufficient discernment, marketing vulgar spoofs, indecent packaging of bottomless food to minors, seriously infringing on the physical and mental health of the unspecified majority of minors.

The Beijing Railway Transportation Procuratorate logged on to the platforms of Company A, Company B, and Company C to conduct a preliminary investigation of clues, and then commissioned a third-party company to screen massive data and fix evidence, finding that the above three companies had not fulfilled their online protection obligations in accordance with the law and violated children's right to health.

The Beijing Municipal Administration for Market Regulation (ABC) and District A, B and C where the three companies involved in the case have supervisory functions and should require third-party trading platform operators to take measures to stop illegal acts within the platform, but fail to perform their duties in accordance with the law. On August 2022, 8, the procuratorate filed an administrative public interest lawsuit against the above-mentioned administrative supervisory units in accordance with the law.

According to the degree of illegality and the number of illegal goods on e-commerce platforms within the jurisdiction of each administrative organ, flexibly use consultation opinions and procuratorial suggestions to supervise the performance of duties. After formulating the pre-litigation inspection recommendations, the Market Supervision Administration of Regions A, B and C actively verified the clues of violations, and urged the platform to remove illegal goods involving vulgar language to promote children's food. After that, the procuratorate continued to carry out follow-up supervision, and from time to time searched whether the food involved in the case continued to be sold on the platform, and found more than 30 clues that were promptly transferred to the administrative organ to urge rectification, and continued to purify the online marketing environment.

Lu Yue (Source: Workers' Daily)

Lu Yue