Jimu News commentator Xu Hanxiong
On January 11, the Jimu News reporter learned that there was a new development in the case of "a woman who sold 150 bowls of tamales and was sentenced to pay 50,000 yuan", and the Chongqing High People's Court made a civil ruling on November 2 last year, and the two parties reached a settlement and allowed the plaintiff (buyer) to withdraw the lawsuit, and revoked the original first-instance and second-instance judgments. (According to Jimu News on January 11)
Ms. Wang from Chongqing sold 150 copies of deductible bowl cooked meat products for 4,500 yuan, and was sued by the customer Shao for selling "three no products" because she did not label the relevant information of the product, and the court ruled in the second instance that Ms. Wang returned the payment of 4,500 yuan and gave ten times the compensation, totaling about 50,000 yuan. In April 2022, the matter attracted widespread attention after being reported by the media.
The tamales sold by Ms. Wang (source: video screenshot)
There are two main points of contention in this matter, one is whether the sale of tamales and other foods should be marked in detail, and the other is whether Shao's claim for "knowing and buying fakes" should be supported.
According to the relevant provisions of the Food Safety Law, the outer packaging of bulk food sold must be marked with the name of the food, production date, shelf life, address and other information. The 150 tamales sold by Ms. Wang had no relevant information, so they were identified as products that did not meet food safety standards. In both the first and second instance, Ms. Wang lost the case. A number of lawyers believe that the court's decision is not improper from the perspective of legality.
The reason for the controversy is related to the fact that the judgment does not conform to the perception of ordinary people. Because in the vegetable market, it is a common phenomenon to sell processed foods such as homemade tamales, button meat, meatballs, and fish balls, few stall owners will mark relevant information, and consumers mostly buy based on their perception and experience, and will not care whether there is a food label or not, and what they buy is a peace of mind and trust.
However, the current law clearly stipulates that engaging in the sale of edible agricultural products, such as fruits, fresh vegetables, fresh eggs, fresh meat and other edible agricultural products or pre-packaged foods, does not need to obtain a license, and if it has been processed, relevant qualifications are required. Steamed pork, button meat, etc., do not belong to edible agricultural products in the legal sense because they have changed their original natural characteristics.
The "burnt white" sold by Ms. Wang's family has also been labeled (Source: Red Star News)
From the perspective of ensuring food safety, the provisions of the law are reasonable, because if the processed food is not labeled with relevant information, it is difficult to guarantee the consumer's right to know. However, in conventional consumption, it is also debatable whether some common ready-made and ready-to-sell foods should be labeled, whether the law should be so wide, and how to clarify this boundary.
After the second-instance verdict, Ms. Wang entrusted a lawyer to apply to the Chongqing High Court for a retrial. On November 2, 2023, the Chongqing High Court made a civil ruling on the case. According to the civil ruling of the Chongqing High Court, during the trial of the court, the plaintiff (Mr. Shao) applied to withdraw the first-instance lawsuit on the grounds that the parties had reached a settlement agreement on their own. The court held that the plaintiff's request to withdraw the first-instance lawsuit had been agreed to by the other parties and did not harm the national interest, the public interest, or the lawful rights and interests of others, and was allowed in accordance with law. In accordance with the provisions, the Chongqing Municipal High Court ruled to allow the plaintiff to withdraw the lawsuit and revoke the civil judgment of Chongqing No. 1 Intermediate People's Court (2022) Yu 01 Min Zhong No. 474 and the civil judgment of Chongqing Hechuan District People's Court (2021) Yu 0117 Min Chu No. 7472.
The ruling of the Chongqing High Court (Source: Jimu News)
The plaintiff withdrew the lawsuit, the original judgment of first instance and second instance were revoked, and the matter was successfully concluded, and no one became a "loser", and legally, the case lacked a final conclusion. Ms. Wang's sale of cooked meat products such as buckle bowls, whether or not it should be treated as a "three-no product", due to the lack of a final legal judgment, the case was withdrawn, and the controversy and thinking left behind are still there.
The case ended with the plaintiff withdrawing the lawsuit, which is a bit unexpected, but it is reasonable, it seems that there is no conclusion, and the answer is self-evident, that is, justice is at ease in the hearts of the people, and everything seems to respond to social concerns and conform to social expectations.
There is a view that what the law should really crack down on is the illegal business that produces and sells counterfeit, shoddy, expired and other products with quality problems, and cannot harm the innocent. Because the "three-no products" may also be genuine, and the "three-haves products" are not necessarily really safe. "Judges should avoid falling into the trap of mechanical justice and pay attention to the principles of fairness and reasonableness. ”
"Selling 150 bowls of tamales was sentenced to pay 50,000 yuan" ended with the buyer withdrawing the lawsuit, but the dispute was shelved, and there was no clear statement. For similar disputes, it is advisable for the relevant departments to resolve them in a "blanket manner". For example, in response to trademark infringement disputes, it is clearly stated that "porcelain rights protection" is not protected. Reasonable delineation of rights boundaries can also unleash the innovation vitality of various market entities and avoid unnecessary consumption of legal resources.
(Source: Jimu News)
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