Mr. Chen of Chongqing saw Gou selling Moutai wine in the circle of friends, so he bought 48 bottles from Gou, and the price of a bottle was 2600 yuan. After Mr. Chen received the wine, he resold part of it, and then gave it as a gift, and the remaining bottles were kept for himself to drink.
But after Mr. Chen drank this Moutai wine, he always felt that the taste was not right, but he couldn't say why. Mr. Chen checked the anti-counterfeiting mark, it is indeed genuine, is it moutai wine changed the recipe?
With this doubt, Mr. Chen purchased 25 bottles of Moutai wine from Gou Mou. This time, Mr. Chen did not send or resell, but found a professional to check it, and sure enough, he found that the cat was greasy. It turned out that behind the label of the bottle, there was a slight depression, and it was really impossible to see it without looking closely.
Mr. Chen immediately understood that this was "punching wine", so Mr. Chen immediately reported it to the market supervision department. After appraisal, the 25 bottles of Moutai purchased by Mr. Chen in the second batch were all punched wine. In the end, the market supervision department confiscated all 25 bottles of Moutai wine, and at the same time fined Gou 50,000 yuan. (Source: China Consumer Daily)
1, "punching wine" must have been heard of by everyone. This is a kind of wine that passes off as genuine wine by making a small hole in the bottle and then injecting other low-priced wines.
Some netizens said, why bother? Wouldn't it be nice to pour it directly into the bottle mouth?
In fact, Moutai Distillery has long considered this problem in order to avoid counterfeiting. Therefore, when they designed the bottle mouth, they required that only the wine be poured outward, not poured into it. Therefore, those criminals came up with the idea of making "punched wine".
If it is a non-professional, or a person who is not sensitive to the taste of the wine, drinks "punched wine", it is generally indistinguishable, which gives the lawbreakers a loophole to drill.
2. So from a legal point of view, how will such an act be determined?
"Punching wine" is actually a kind of consumer fraud. According to the Provisions of the Law on the Protection of The Rights and Interests of Consumers, consumers may request compensation from business operators at three times the price of goods. If the amount of compensation is less than 500 yuan, it will be calculated as 500 yuan.
Therefore, Mr. Chen has the right to claim 3 times the compensation from Gou for the purchase of wine.
In addition, the municipal supervision department should order corrections for the adulteration and adulteration of goods, the use of falsehood to fill the truth, and the shoddy charge, and then, depending on the seriousness of the circumstances, impose a warning, confiscate the illegal gains, and impose a fine of 1 to 10 times the illegal gains.
Because Mr. Chen only provided the second batch of punched Moutai wine purchased, a total of 25 bottles, the price is more than 60,000 yuan. Therefore, according to the actual situation, the municipal supervision department finally decided to impose a fine of 50,000 yuan on Gou.
3. "Punched wine" is also a kind of food, can it be applied to 10 times the compensation?
According to the provisions of paragraph 2 of article 148 of the Food Safety Law, in addition to claiming compensation for losses, consumers who produce food that does not meet food safety standards, or who operate foods that are known to be food safety standards, may also request compensation from producers or operators for compensation of 10 times the price or 3 times the loss; if the amount of additional compensation is less than 1,000 yuan, it is 1,000 yuan.
This safety standard generally means that it is non-toxic, harmless, meets the nutritional requirements due, and does not cause any acute, subacute or chronic harm to human health.
If the liquor in the "punched wine" is a cheaper liquor such as Erguotou or Jiang Xiaobai, and it meets the food safety standards, then Mr. Chen can only claim 3 times compensation, but not 10 times compensation.
4. Finally, we recommend that if you are ready to buy tobacco and alcohol products, you should go to a regular store to buy. Especially like Mr. Chen, who is ready to give or resell. Once it is discovered by others first, it is a shame!
I can't figure out why so many people want to buy Moutai wine despite the high price, is it delicious, or is it some other reason?
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