Production of substandard masks, publication of illegal medical beauty advertisements... On October 21, the Guangzhou Municipal Bureau of Market Supervision announced the first typical cases of the 2021 "Iron Fist" operation. According to reports, since the beginning of this year, the Guangzhou Municipal Market Supervision Department has carried out in-depth special law enforcement actions and "iron fist" operations on fake and shoddy food in rural areas, and focused on investigating and handling a number of typical cases of bad nature around the masses.
It is reported that the "Iron Fist" action was investigated and handled in the field of people's livelihood, focusing on key commodities related to the life, health and safety of the masses, key service industries close to the lives of the masses, as well as key areas where the market at the junction of rural and urban and rural areas, the production and sale of counterfeit and shoddy products are frequent, and 11 types of illegal acts are severely cracked down: all kinds of illegal cases involving the prevention and control of the new crown pneumonia epidemic that violate laws and regulations in the field of market supervision and management, food safety violations, health food violations, and the production and sale of inferior steel bars, wires and cables that "cut corners". The production and sale of inferior children's toys, intermediary agencies "arbitrarily charge", renovate "black gas cylinders", rural market "cottage" drinks, seasonal food, "divine doctors" and "miracle drugs" and other false and illegal advertisements, fake and shoddy wheelchairs for the elderly, do not meet food safety standards for school barrels of drinking water.
1. Guangzhou Baiyun District Market Supervision Bureau investigated and dealt with the case of Yu Rensheng Pharmaceutical (Guangzhou) Co., Ltd. producing unqualified masks
On July 7, 2021, the Guangzhou Baiyun District Market Supervision Bureau imposed an administrative penalty of 169,218.96 yuan on Yu Rensheng Pharmaceutical (Guangzhou) Co., Ltd. for the illegal production of unqualified masks.
According to the clues assigned by the superior, the bacterial filtration efficiency of the single-use medical mask (batch number: 20200713) produced by The Guangdong Provincial Drug Administration in Fukang Pharmacy in Dangan Town, Zhuhai City did not meet the requirements. After investigation, the parties produced a total of 115299 of the above products, with a value of 21152.37 yuan. The party's production of disposable medical mask products whose bacterial filtration efficiency does not meet the requirements violates the first paragraph of Article 24 of the Regulations on the Supervision and Administration of Medical Devices. The Guangzhou Baiyun District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
Medical masks are an important prevention and control material for epidemic prevention and control, which is related to the personal safety of medical staff and the people. For the illegal acts of producing unqualified medical masks, the market supervision department will maintain a high-pressure situation, strictly investigate and deal with them, effectively protect the people's life, health and safety, and maintain the market order of epidemic prevention supplies.
2. Guangzhou Tianhe District Market Supervision Bureau investigated and dealt with the case of Guangzhou Baosheng Wire and Cable Co., Ltd. engaged in illegal acts that infringed on the rights and interests of consumers
On April 29, 2021, the Guangzhou Tianhe District Market Supervision Bureau confiscated 0.11 million yuan and fined 11,000 yuan for Guangzhou Baosheng Wire and Cable Co., Ltd. for engaging in illegal acts that infringed on the rights and interests of consumers in accordance with the law.
According to the No.DX2100876 test report of Guangdong Institute of Product Quality Supervision and Inspection, guangzhou Baosheng Wire and Cable Co., Ltd. sold "Yuexiu" brand, specification model ZC-RVV 300/500V 2× 2.5mm² copper core PVC insulated PVC sheathed flexible cable, after testing 5 items do not meet the standard. After investigation by the Market Supervision Bureau of Tianhe District, Guangzhou, the sales amount of the batch of products was 5508 yuan, and a total profit of 1057.79 yuan was obtained. The party's sale of unqualified "Yuexiu" brand copper-core PVC insulated PVC sheathed flexible cable violated the provisions of paragraph 2 of 13 of the Product Quality Law of the People's Republic of China. The Guangzhou Tianhe District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
Wire and cable is used for the transmission of electricity, transmission of information and the realization of electromagnetic energy conversion of a large class of electrical products, the use of unqualified wire and cable, prone to the risk of electric shock, resulting in serious consequences of electrical short circuit fire.
3. Guangzhou Yuexiu District Market Supervision Bureau investigated and dealt with the illegal advertising case of Guangzhou Yimei Medical Beauty Clinic Co., Ltd
On March 8, 2021, the Guangzhou Yuexiu District Market Supervision Bureau immediately stopped publishing the above advertisements in accordance with the law against Guangzhou Yimei Medical Beauty Clinic Co., Ltd. for publishing false advertisements and publishing medical advertisements containing the use of patient images as proof, eliminated the impact within the corresponding scope, and gave a warning and a fine of 200,000 yuan in administrative penalties.
Law enforcement officers of the Guangzhou Yuexiu District Market Supervision Bureau found during the inspection that Guangzhou Yimei Medical Beauty Clinic Co., Ltd. was suspected of publishing illegal advertisements on its WeChat public account. After investigation, the party concerned registered the public account of gh_c88284312354 on March 6, 2019 and put it into use, and the account subject was Guangzhou Yimei Medical Beauty Clinic Co., Ltd. When the weChat public account publicized the products it sold, the parties could not provide real materials to prove the publicity content released, and their behavior violated the provisions of article 28, paragraph 1, paragraph 2, item (2) of the Advertising Law of the People's Republic of China, and the medical advertisement published contained the content of using the patient's image as a proof, and his behavior violated article 7 (6) of the Measures for the Administration of Medical Advertising, and the Guangzhou Yuexiu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
The investigation and handling of this false advertising case has effectively purified the order of the online advertising market, effectively protected the legitimate rights and interests of consumers, and promoted business operators to achieve legal and compliant operations. For the illegal act of publishing false advertisements, the market supervision department resolutely cracks down on and does not show mercy.
4. Guangzhou Haizhu District Market Supervision Bureau investigated and dealt with the illegal advertising case of Guangdong Haorui Biotechnology Co., Ltd
On February 22, 2021, the Market Supervision Bureau of Haizhu District of Guangzhou Imposed a fine of 150,000 yuan on Guangdong Haorui Biotechnology Co., Ltd. for its illegal use of promotional language related to disease treatment functions in publicity advertisements.
The Market Supervision Bureau of Haizhu District, Guangzhou City, based on the clues of the complaint and report, conducted a law enforcement inspection of Guangdong Haorui Biotechnology Co., Ltd. Later, it was found that the publicity advertisements of two ordinary foods published by the parties on the official website had illegal acts of using promotional language related to the therapeutic function of the disease: first, the promotional advertisement on the product page of "Light Burning MCT Coffee" contained promotional terms related to disease treatment functions, such as "reducing the resistance of insulin in tissue and organ degree", "reducing the blood lipid concentration of patients with hypertriglyceridemia", "diuretic effect" and "promoting cardiovascular circulation"; second, the advertising of the "CaHMB nutrition cookie" product page contained " Promote muscle growth, reduce muscle protein consumption, help muscle recovery", "maintain insulin function, regulate blood sugar balance" and other promotional terms related to the treatment function of diseases.
The parties' use of publicity language involving disease treatment functions in publicity advertisements violated the provisions of Article 17 of the Advertising Law of the People's Republic of China, and the Guangzhou Haizhu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
In this case, the parties' use of propaganda terms involving the therapeutic function of diseases in the publicity and advertisement of ordinary food was aimed at attracting more consumers to pay attention to and purchase food by exaggerating the functional effects that the food itself did not contain, which not only violated the legitimate rights and interests of consumers, but also disrupted the order of market operation, and should be punished according to law.
V. Guangzhou Conghua District Market Supervision Bureau investigated and punished the case of Guangzhou Meishang Daily Necessities Co., Ltd. engaged in the production and sale of unqualified masks
On April 6, 2021, the Conghua District Market Supervision Bureau imposed an administrative penalty of confiscating 806.5 yuan and fining 3,000 yuan for the production and sale of substandard masks by Guangzhou Meishang Daily Necessities Co., Ltd.
According to the inspection report issued by Guangzhou Inspection and Certification Group Co., Ltd., the non-medical Jane Fanny children's disposable protective mask (specification: 140×90 (± 0.5) mm, batch number: MJ20052704) produced by the parties did not meet the T/GDMDMA 005-2020 standard and was judged to be unqualified. The production and sale of unqualified masks by the parties violated the provisions of Article 32 of the Product Quality Law of the People's Republic of China, and the Conghua District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
6. The Guangzhou Zengcheng District Market Supervision Bureau investigated and dealt with the cases of guangzhou Zengcheng and Xingjing frozen product stores operating frozen meat that did not carry out quarantine in accordance with regulations and failed to perform the obligation of inspection of incoming goods
On May 27, 2021, the Guangzhou Zengcheng District Market Supervision Bureau issued a warning, confiscated 2 boxes of frozen meat involved in the case and fined 110,000 yuan for the operation of frozen meat and the failure to perform the purchase inspection obligations of the Guangzhou Zengcheng and Xingjing Frozen Products Store.
In the early stage, the Guangzhou Zengcheng District Market Supervision Bureau inspected the frozen meat products in the business premises of the parties in conjunction with the prevention and control of the new crown pneumonia epidemic, and found that the frozen warehouse stored 2 boxes of imported frozen meat products without Chinese labels for sale, and the parties could not provide the customs declaration forms, inspection and quarantine certificates of imported frozen meat products, negative nucleic acid test reports, disinfection certificates and other information for future reference. The parties' failure to carry out quarantine of frozen meat in accordance with the regulations violated the provisions of Article 34, Paragraph 8 of the Food Safety Law of the People's Republic of China, and the failure of the parties to perform the obligation of inspection of incoming goods violated the first paragraph of Article 53 of the Food Safety Law of the People's Republic of China. The Guangzhou Zengcheng District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
7. Guangzhou Huadu District Market Supervision Bureau investigated and dealt with the production of unqualified masks by Guangzhou Jianqiao Huize Co., Ltd
On February 5, 2021, the Guangzhou Huadu District Market Supervision Bureau confiscated 21,740 unqualified disposable medical masks (batch number: 20200603) and fined 28,000 yuan for the illegal production of unqualified disposable medical masks by Guangzhou Jianqiao Huize Co., Ltd. in accordance with the law.
In the early stage, during the guangdong provincial drug administration to organize the supervision and sampling of medical devices during the epidemic period, the Huadu District Market Supervision Bureau received the inspection report of Guangzhou Inspection and Certification Group Co., Ltd.: the disposable medical masks (batch number: 20200603) produced by Guangzhou Jianqiao Huize Co., Ltd., and after re-inspection, the ventilation resistance project did not meet the standard requirements of YY/T 0969-2013 "Disposable Medical Masks", and the re-inspection results were unqualified. After investigation, the batch of masks produced a total of 27,780, of which 40 were consumed by sampling, 6,000 were donated to an enterprise, and 21,740 were seized by law enforcement personnel according to law. The total value of the masks was 8334 yuan.
The parties' behavior violated the provisions of the first paragraph of Article 24 of the Regulations on the Supervision and Administration of Medical Devices, and the Huadu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
8. Guangzhou Liwan District Market Supervision Bureau investigated and dealt with the illegal price of Yalin vegetable stalls in Liwan District, Guangzhou
On June 16, 2021, the Guangzhou Liwan District Market Supervision Bureau imposed an administrative penalty of confiscating illegal gains and imposing fines on the price gouging of Yalin vegetable stalls in Liwan District, Guangzhou in accordance with the law.
On the afternoon of June 3, 2021, the Guangzhou Novel Coronavirus Pneumonia Epidemic Prevention and Control Headquarters issued the Notice on Further Strengthening the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic (No. 16), which adjusted the Shiweitang Street in Liwan District, where the parties' business premises are located, to a sealed management area, and personnel can only enter and leave, and gathering is strictly prohibited. At about 8:00 p.m. on the same day, the parties sold vegetable hearts at a vegetable stall in the Qiaodong Market at a price of 15 yuan per kilogram, and they sold a total of three kilograms and three pairs, with a total sales volume of 50 yuan. On that day, the average retail price of the guangzhou vegetable basket was 9.31 yuan / kg, that is, 4.655 yuan / kg, and the sales price of the parties was 3.2 times the above average retail price. The parties concerned significantly increased the sales price of vegetable hearts after the sudden public safety incident, violating Article 9 of the Measures of Guangdong Province for implementing the Price Law of the People's Republic of China: "Business operators shall not engage in the following acts of price gouging: ... (3) Taking advantage of natural disasters and sudden public safety incidents to significantly increase prices in some areas or industries...", the Guangzhou Liwan District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
9. Guangzhou Haizhu District Market Supervision Bureau investigated and dealt with the case of false publicity and illegality of Guangzhou Runhua Property Management Co., Ltd
On April 9, 2021, the Guangzhou Haizhu District Market Supervision Bureau imposed a fine of 800,000 yuan on Guangzhou Runhua Property Management Co., Ltd. for its illegal acts of false publicity.
The Haizhu District Market Supervision Bureau inspected the sales center of the "Haizhu Rice Cube" project on the west side of The South Tianxiongbu City of Guangzhou Avenue according to the clues. Later, it was found that the parties claimed to be delivered in the form of duplex two-storey at the time of sale and when signing the contract, but the parties did not carry out construction in accordance with the planning conditions, and the changed construction situation did not apply to the competent department of urban and rural planning, and the parties used the form of model houses and contract samples to deceive customers by false commercial publicity that the decoration and delivery of their projects were inconsistent with the content of the construction report, thus obtaining trading opportunities.
The parties' false publicity violated the provisions of the first paragraph of article 8 of the Anti-Unfair Competition Law of the People's Republic of China, and the Guangzhou Haizhu District Market Supervision Bureau imposed administrative penalties on the parties in accordance with law.
In this case, the parties' false publicity of the project planning and construction report, the delivery of decoration, the use period of the project, etc., not only infringed on the legitimate rights and interests of consumers, but also disrupted the order of market operation, and should be severely punished according to law.
Text/Guangzhou Daily Xinhuacheng Reporter: He Yingsi Guangzhou Daily Xinhuacheng Editor: Lin Jing