Li Mou and Wang Mou online shopping contract dispute

[Case classification] : online shopping contract disputes

[Commissioned time] : February 2018

【 Brief introduction 】

The defendant Wang Mou opened a "health ginseng antler tonic" on the network platform provided by Taobao company. On December 12, 2016, the plaintiff purchased a total value of 1,795 yuan (RMB, the same below) of "deer fetal paste" for consumption by himself and his relatives and friends at the store of the defendant Wang Moumou. The order number is XXXXXXXXXXXXXXXX and the delivery address is No. XXX, XX Road, Pudong New Area, Shanghai. According to the product details page and packaging description of defendant Wang, it can be seen that the ingredients of the defendant advertised the "deer embryo paste" contain antler antler, ginseng, ejiao, angelica, cooked ground, safflower, motherworm, poria, Chuanjiao, tortoise shell, cinnamon, salvia miltiorrhizoea, red peony and other ingredients, which have the effects of nourishing and treating Gong cold. After purchasing the goods, the plaintiff was reminded by others that according to the relevant provisions of Article 38 of the Food Safety Law of the People's Republic of China, no drugs may be added to the food produced and sold. In this case, the deer fetus, deer antler, angelicae, cooked ground, safflower, motherwort, Chuanjiao, turtle shell, incense, salviae miltiorrhiza, ground bone skin, wood fragrance, red peony system added to the "deer fetus paste" sold by defendant XX shall not be sold as ordinary food raw materials, which violates the provisions of the food safety Law that ordinary food shall not add drugs, and is a food that does not meet safety standards. The outer packaging of the products sold by the defendant Wang Moumou did not mark the basic information such as the name of the producer of the product, the production license number, the production date, nor did it mark the health care approval document and the drug approval document of the product, and the product involved was an unlicensed food. According to Article 17 of the Advertising Law of the People's Republic of China, except for advertisements for medical treatment, drugs and medical devices, any other advertisement involving the function of disease treatment is prohibited. Defendant Wang Tianyu's publicity of the goods involved violated the provisions of the law, so the prosecution.

【 Lawyer analysis 】

Article 38 of the Food Safety Law of the People's Republic of China stipulates: "No drugs may be added to the food produced or marketed, but substances that are traditionally both food and Chinese medicinal materials may be added." The catalogue of substances which, according to tradition, are both food and Chinese medicinal materials shall be formulated and published by the administrative department of health under The State Council in conjunction with the food and drug regulatory department under The State Council." The list of items that can be used for health food published by the original Ministry of Health in 2002 contains: Angelica sinensis, cooked Rehmannia (alias cooked ground), safflower, motherwort, tortoise shell, fragrant rhizome, salvia miltiorrhiza, ground bone skin, wood fragrance, red peony root. The former National Health and Family Planning Commission released in 2014, "on new food raw materials, ordinary food and health food related issues" clear "List of items that can be used for health food" items shall not be used as ordinary food raw materials production and management, if the above items are used for ordinary food production, Application for approval shall be made in accordance with the procedures prescribed in the Measures for the Administration of Safety Review of New Food Raw Materials. The products involved in the case added angelica and other items that cannot be added to ordinary food without authorization, and they are unsafe foods that do not meet the national food safety standards. In addition, the basic product information such as the production date and producer was not marked on the packaging of the products involved, which also violated the mandatory provisions of laws and regulations.

【 Verdict 】

After lawyer Wang Hong's representation, the court finally supported the plaintiff's claim, and the defendant Wang Moumou returned the plaintiff Li Moumou's payment of 1,795 yuan and compensation of 17,950 yuan within 10 days from the date of the effective of this judgment.