Ordinary products claim to have the ability to cure diseases
Illegal addition of drugs to food
Without obtaining the corresponding production license, the equipment is produced at will
Use the standard clauses of the contract to exempt yourself from liability
Sale of uninspected hairy tripies
Packaging cosmetics and disinfectants as "miracle medicines"
……
@各位老板, please note!
These are all illegal acts!
Can't do it!
For such violations of laws and regulations
We will discover and expose together
On the morning of April 8
The State Administration for Market Regulation convened
2024 "Iron Fist" operation for the investigation and handling of cases in the field of people's livelihood
Special press conference
The meeting reported on the results of the "Iron Fist" operation in 2023
and 2024 work deployment
↓↓↓
In 2023, in the "Iron Fist" action in the field of people's livelihood, the national market supervision department will investigate and handle a total of 565,000 illegal cases, and publicly expose 1,034 typical cases to the public, of which 10 will be selected and released as the top ten typical cases.
All localities give full play to the advantages of comprehensive law enforcement in market regulation, establish and complete working mechanisms such as case investigation and handling, research and guidance, and publicity and exposure, and promote the long-term effectiveness of the "iron fist" action. Chengdu, Sichuan Province has built a "four-chief" law enforcement and supervision system of "director-team leader-director-director" to fully explore the source of the case.
In order to further play the role of warning education
Create a safe and comfortable consumption environment
The top ten typical cases of the "Iron Fist" operation in 2023 are hereby announced
The majority of business entities are requested to take the case as a reference
Honest management and law-abiding management
Let's take a look with the Governor Bear
01
Beijing Rongqing E-commerce Co., Ltd
Case of selling shoes and clothing infringing the exclusive right to use a registered trademark
On January 16, 2023, the Market Supervision Bureau of Tongzhou District, Beijing Municipality investigated and dealt with the illegal act of Beijing Rongqing E-commerce Co., Ltd. in selling shoes and clothing that infringed the exclusive right to use a registered trademark in accordance with the law.
On January 13, 2023, the Tongzhou District Market Supervision Bureau received a clue that someone in a warehouse in Zhangjiawan Town was selling clothing that infringed on the exclusive right to use a registered trademark. The Tongzhou District Market Supervision Bureau, together with the public security department, immediately went to the scene for inspection. After investigation, the main user of the warehouse is Beijing Rongqing E-commerce Co., Ltd., and the company's legal representative, Ding, rented the warehouse in August 2021 and sold clothing and footwear products through offline and WeChat groups, "Douyin" and "Kuaishou" platforms in the name of "Lao Ding Shoes Warehouse". Law enforcement officers seized a total of 2,367 pieces of clothing infringing the exclusive right to use registered trademarks and 1,282 pairs of sports shoes infringing the exclusive right to use registered trademarks, involving an amount of 6.42 million yuan.
Laws and Regulations
The conduct of the parties constituted an illegal circumstance as stipulated in Article 57 of the Trademark Law of the People's Republic of China, infringed the right holder's exclusive right to use a registered trademark, and was suspected of constituting a crime, and the Tongzhou District Market Supervision Bureau transferred the case to the public security organ in accordance with the law.
In this case, there are many assets involved in the case, and the investigation chain is long, so it is difficult to investigate and collect evidence. In the course of the investigation, the market regulation department discovered suspicious points of suspected crimes, and immediately activated the working mechanism for the connection of intellectual property executions, and notified the public security organs to intervene in advance, ensuring that the evidence was fixed and preserved in a timely manner, and ensuring the strength and effectiveness of the case.
02
Suzhou Tongzhou E-commerce Co., Ltd
Case of publishing false and illegal advertisements
On August 16, 2023, the Market Supervision Bureau of Suzhou Industrial Park, Jiangsu Province, imposed an administrative penalty of 200,000 yuan on Suzhou Tongzhou E-commerce Co., Ltd. for publishing false advertisements and claiming health care and disease treatment efficacy in ordinary food advertisements in accordance with the law.
On November 14, 2022, the advertising monitoring of the Market Supervision Bureau of the Industrial Park found that Suzhou Tongzhou E-commerce Co., Ltd. was suspected of publishing false advertisements when selling products on an e-commerce platform to promote content such as "supporting heart health", "guarding blood sugar health" and "lung kinetic energy tablets". After investigation, it was found that the parties were selling ordinary commodities and failed to provide the corresponding basis for the above-mentioned publicity. The investigation also found that from April 2018 to December 2019, the parties sold 7 products such as women's uterine and ovarian care essence, coenzyme Q10, HVP hydrolyzed protein chromium chelate, lung health, melatonin, arginine, and resveratrol through cross-border e-commerce on an e-commerce platform. At the same time, the parties could not provide relevant supporting materials for the content of the claim of "adjusting menstruation, staying away from palpitations, adjusting blood sugar, cleaning up lung tablets, whitening, and selling a total of 500,000+ bottles on the whole network".
Laws and Regulations
The conduct of the parties violated the provisions of Article 17 and Article 28, Paragraphs 1 and 2 (2) of the Advertising Law of the People's Republic of China, and the Market Supervision Bureau of the Industrial Park imposed administrative penalties on the parties in accordance with the law.
In this case, the party sold ordinary food through cross-border e-commerce, knowing that it did not have the relevant health food functions and disease treatment effects, but embedded the relevant illegal terms in the pictures, in an attempt to circumvent the crackdown of the regulatory authorities, highlight the function of a certain ingredient of the product in the publicity, and use exaggerated and implicit methods to mislead consumers. The market supervision department investigated and dealt with it in a timely manner and safeguarded the rights and interests of consumers.
03
Wenzhou Kangtai Leather Co., Ltd. used uninspected boilers
On April 26, 2023, the Market Supervision Bureau of Pingyang County, Zhejiang Province imposed an administrative penalty of 200,000 yuan on Wenzhou Kangtai Leather Co., Ltd. for using boilers without registration and inspection in accordance with the law.
On February 13, 2023, the Pingyang County Market Supervision Bureau inspected Wenzhou Kangtai Leather Co., Ltd. and found that there was 1 pressurized steam boiler in use, with a design pressure of 0.09MPa, a pressure gauge showing a pressure of 0.25MPa, a water volume of 6700L, and 6 iron blocks on the glands on 2 safety valves. After investigation, the pressure steam boiler manufacturing unit is a boiler factory in Suqian City, with a manufacturing date of April 2022 and a rated working pressure of 1.25MPa. On September 2, 2022, the boiler factory marked the rated working pressure of the above-mentioned boiler from 1.25MPa to 0.09MPa, and issued relevant information, and on February 5, 2023, the party put into use the equipment and borrowed external force to operate at the rated working pressure, the water volume of the above-mentioned equipment was 6700L, and the actual operating pressure was greater than 0.1MPa, which belonged to the pressure-bearing steam boiler in the "Special Equipment Catalog".
Laws and Regulations
The behavior of the parties violated the provisions of Article 32, Paragraph 1 and Article 33 of the Special Equipment Safety Law of the People's Republic of China, and the Pingyang County Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
Boilers are widely used in food processing, textile printing and dyeing, resident services, wood and metal products production and other industries, the production and use of legal and compliant, clear and accurate boilers are the legal responsibility of the business entity, and it is a necessary measure to ensure the safety of boilers. The investigation and handling of this case has cracked down on illegal acts such as false standard (low-standard) boiler design pressure parameters and the use of uninspected boilers, and has also sounded the alarm for business entities that attempt to evade supervision through such methods.
04
Case of Li et al. producing and trading food with added drugs
On July 30, 2022, the Market Supervision Bureau of Tongling City, Anhui Province investigated and punished Li and others for the illegal act of producing and selling tablet candy containing new antihypertensive drugs in accordance with the law. On April 23, 2023, the Tongling Municipal People's Procuratorate prosecuted Li and 5 others.
On February 8, 2022, law enforcement officers from the Tongling Municipal Market Supervision Bureau inspected the Bochuntang Pharmacy in the suburbs of Tongling City according to clues and found that the pharmacy claimed that the ordinary food it sold "ginseng berry tablet candy" had the function of controlling blood pressure. After testing, the above-mentioned tablet candy contained 5 new chemical antihypertensive drugs such as metolazone and azilsartan.
Laws and Regulations
The behavior of the parties violated the provisions of Article 38 of the Food Safety Law of the People's Republic of China and was suspected of constituting a crime. On January 11, 2023, the joint task force went to Nanyang, Henan, Shijiazhuang, Hebei, Bozhou, Anhui and other places to investigate, destroyed 1 den, and took criminal coercive measures against Li and others who organized production and sales. On March 24, 2023, the public security organs transferred the case to the procuratorate for review and prosecution.
In this case, with the help of inspection and testing technology, the market supervision department promptly discovered the new antihypertensive drugs illegally added by the criminals to the food, locked the facts of their illegal crimes, and quickly cooperated with the public security organs to strike hard, effectively cracking down on the illegal acts in the food field.
05
Xiamen Futaihua Energy Conservation and Environmental Protection Technology Co., Ltd
Case of engaging in boiler production without permission
On July 21, 2023, the Market Supervision Bureau of Haicang District, Xiamen City, Fujian Province imposed an administrative penalty on Xiamen Futaihua Energy Conservation and Environmental Protection Technology Co., Ltd. for producing boilers without permission in accordance with the law, confiscating 10,200 yuan of illegal income and fining 100,000 yuan.
On May 31, 2023, the Haicang District Market Supervision Bureau inspected Xiamen Futaihua Energy Conservation and Environmental Protection Technology Co., Ltd. in accordance with the law according to clues, and found that the rated pressure of the three steam generators sold by the parties was 0.7MPa and the water volume exceeded 30L, which was inconsistent with the parameters marked on its certificate. After investigation, the parties sold a total of 3 steam generators with a rated volume of 29.5L to a plywood factory, an industrial limited company, and a wood products factory, and these three steam generators were produced, designed, installed and debugged on site by the parties. According to the "Test Report on the Water Volume of the Unit Used" issued by the testing agency, the test water volume of the above three steam generators far exceeds 30L and the rated steam pressure is greater than or equal to 0.1MPa, which belongs to the "boiler" within the scope of the "Special Equipment Catalog", and the parties must obtain the corresponding special equipment production license before production. As of the time of the case, the party had not obtained a special equipment production license, and the illegal income was 10,200 yuan.
Laws and Regulations
The above behavior violated Article 18 of the Special Equipment Safety Law of the People's Republic of China, and the Haicang District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In this case, in order to evade the statutory supervision and management of special equipment production licenses, the parties falsely labeled the parameters of boiler products that are more dangerous and should be included in the supervision of special equipment, which is a typical behavior of "large tolerance and small standard", which may lead users to ignore the real risks in the use of the boiler and not use the equipment in accordance with the safety management requirements of the boiler, resulting in potential safety hazards. The market supervision department strictly investigates and punishes illegal behaviors such as "large capacity and small standard" of boilers to prevent and reduce the occurrence of boiler accidents.
06
Luoyang Aogiton Olin Automobile Sales Co., Ltd
Cases of infringement of consumer rights and interests by using standard clauses
On March 17, 2023, the Market Supervision Bureau of Luoyang City, Henan Province, imposed an administrative penalty of 10,000 yuan on Luoyang Aojitong Olin Automobile Sales Co., Ltd. for using the standard terms of the contract to exempt itself from liability for breach of contract and exclude consumers' right to interpret the terms.
On December 27, 2022, the Luoyang Municipal Market Supervision Bureau found during the supervision and inspection that the delivery terms of the vehicle purchase and sale contract signed by Luoyang Aogiton Olin Automobile Sales Co., Ltd. and the consumer contained "if the vehicle ordered by the buyer is not a current car, on the day the vehicle arrives at the store, the seller shall notify the buyer to pick up the car at the store, and the buyer must go through the procedures for picking up the car within three working days after the vehicle arrives at the store, otherwise it will be deemed that the buyer is in breach of contract, and the buyer shall bear the liability for breach of contract, and the vehicle shall be handled by the seller at its sole discretion" " In addition to uncontrollable factors, such as the delay in delivery of more than 90 days, the two parties will automatically terminate the contract, due to natural disasters, wars, strikes and other irresistible reasons and major changes in national policies, or due to the manufacturer's arrangements or reasons beyond the control of the seller during transportation, the seller can be exempted from liability for breach of contract" "The right to interpret the above clauses belongs to Luoyang Aojitong Olin Automobile Sales Co., Ltd." After investigation, the parties began to use the above contract in March 2022, and a total of 800 copies were printed, and 286 copies had been used at the time of the case.
Laws and Regulations
The behavior of the parties violated the provisions of Article 9 of the Measures for the Supervision and Handling of Illegal Acts in Contracts, and the Luoyang Municipal Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
Market transactions emphasize honesty and trustworthiness, fairness and justice, and some business operators exempt themselves from liability through contract standard clauses and increase consumer responsibility. The market supervision department will continue to increase the investigation and punishment of such illegal acts, so that consumers dare to consume and consume with confidence.
07
Guo operated a salted hairy tripe case without inspection and quarantine
On July 5, 2023, the Market Supervision Bureau of Rongchang District, Chongqing Municipality imposed an administrative penalty on Guo for the illegal act of operating salted hairy tripe without inspection and quarantine in accordance with the law, confiscated 10 tons of salted hairy tripe without inspection and quarantine, and fined 2.1 million yuan.
At the beginning of February 2023, the Rongchang District Market Supervision Bureau received a report from the public, saying that someone in an abandoned primary school in Rongchang District was storing and selling suspicious hairy tripe. Law enforcement officers immediately joined the public security organs to carry out on-site surprise inspections, and seized 10 tons of salted hairy tripe operated by the party Guo on the spot, and the party could not provide the supplier's qualification certificate and the animal quarantine certificate of the hairy tripe, and the value of the goods involved reached 300,000 yuan.
Laws and Regulations
The behavior of the parties violated the provisions of Article 34 of the Food Safety Law of the People's Republic of China. The Rongchang District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
The use of food raw materials that have not been inspected and quarantined in the production of processed food may have significant food safety risks and seriously threaten the health and safety of the people. The market supervision department has always insisted on cracking down on such illegal acts and sticking to the bottom line of food safety.
08
Sichuan Xinruixiang Health Management Co., Ltd
Case of publishing false and illegal advertisements
On June 26, 2023, the Market Supervision Bureau of Xinjin District, Chengdu City, Sichuan Province imposed an administrative penalty of 550,000 yuan on Sichuan Xinruixiang Health Management Co., Ltd. for publishing false advertisements, claiming disease treatment functions and using medical terms in cosmetics advertisements in accordance with the law.
In October 2022, the Xinjin District Market Supervision Bureau received a complaint that Sichuan Xinruixiang Health Management Co., Ltd. was suspected of publishing false advertisements, and at the same time, the advertisement of a disinfection product it sold claimed to have disease treatment effects. After investigation, since 2022, the parties have sold cosmetics "Gankangyuan Activating Energy Essence" and disinfection products "Gankangyuan Brand Repair Gel" through self-built websites, APPs and small programs, and claimed "traditional Chinese medicine" for "Gankangyuan Activating Energy Essence" on the product promotion page...... Effective treatment and prevention of pimples, psoriasis, allergies and other malignant skin diseases", and claims to "deeply detoxify and activate cells...... Accelerate blood circulation around the eyes, reduce eye bags, and improve dark circles", claiming to "Gankangyuan Brand Repair Gel" "Product function: rejuvenation and anti-aging, firming skin, sleep aid and detoxification, weight loss and hair increase, regulating hormonal balance in the body, increasing libido, improving joints", "small position, big effect", "no need to inject medicine, no need to massage techniques, just apply the repair gel to the wrist!" "Ingredient HGH has ten major effects: 1. It can make every organ of the body grow again, 2. Enhance the body's immunity...... 5. Eliminate wrinkles and keep the skin fine and smooth...... 8. Lower blood lipids and cholesterol; 9. Regenerate hair, make gray hair black, improve hair quality, reduce hair loss; 10. Enhance bone density, prevent osteoporosis, and prevent senile fractures. ”
Laws and Regulations
The above-mentioned acts violated the provisions of Article 4, Paragraph 1 and Article 17 of the Advertising Law of the People's Republic of China, and the Xinjin District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
In this case, the parties packaged ordinary cosmetics and disinfectants as "miracle medicines" in advertisements and sent wrong information to consumers, which may delay the best treatment time for patients and seriously damage the legitimate rights and interests of consumers. Based on the nature, circumstances, and social harm of the parties' illegal acts, the market regulation departments have punished them in accordance with laws and regulations, effectively cracking down on illegal acts, safeguarding the rights and interests of consumers, and regulating market order.
09
Guizhou Boda Science and Technology School Baiyun Branch
Case of failure to fulfill the obligation of purchase inspection of purchased food raw materials
On April 7, 2023, the Market Supervision Bureau of Baiyun District, Guiyang City, Guizhou Province, imposed an administrative penalty of 36,000 yuan on the illegal act of purchasing food raw materials purchased by Baiyun Branch of Guizhou Boda Science and Technology School for failing to fulfill the purchase inspection obligation and failing to rectify within the specified time limit.
On March 13, 2023, the Market Supervision Bureau of Baiyun District, Guiyang City, carried out a law enforcement inspection in the canteen of Baiyun Branch of Guizhou Boda Science and Technology School (with 3,000 teachers and students) and found that the party concerned did not establish a purchase inspection record system, failed to check the supplier license and food factory inspection certificate or other qualification certificates when purchasing food raw materials. The law enforcement officers issued the "On-the-spot Administrative Punishment Decision" on the spot, gave a warning to the parties, and required the parties to make rectifications before March 17, 2023. On March 20, law enforcement officers went to the party's canteen for a review and found that the party had not made corrections as required within the prescribed time limit.
Laws and Regulations
The behavior of the parties violated the provisions of Article 53, Paragraph 1 of the Food Safety Law of the People's Republic of China, and the Baiyun District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
The food safety of the campus is not only directly related to the health and life safety of teachers and students, but also to the order of education and teaching and social harmony and stability. The administrative punishment imposed by the market supervision department on the parties in accordance with the law is a strong deterrent to the parties, urging them to carry out production and business activities in accordance with laws and regulations, effectively protecting the legitimate rights and interests of teachers and students, and also warning other food production and business units to further enhance food safety awareness.
10
Jin Lanhong Fertilizer Co., Ltd
Case of falsifying the production and sale of chemical fertilizers from the place of origin
On March 29, 2023, the Market Supervision Bureau of Bayingolin Mongolian Autonomous Prefecture of Xinjiang Uygur Autonomous Region investigated and punished the case of Jinlanhong Fertilizer Co., Ltd. falsifying the origin of production and sales of fertilizers in accordance with the law.
On March 6, 2023, the Bayingolin Mongolian Autonomous Prefecture Market Supervision Bureau conducted a law enforcement inspection of Jinlanhong Fertilizer Co., Ltd. in accordance with the law, and found that the parties were organizing workers to engage in fertilizer filling, and sealed the fertilizer packaging bags printed with "Drip Irrigation Ammonium, Yunnan Kaifeng Fertilizer Co., Ltd., No. 6, Guantong Road, Guandu District, Kunming, Yunnan", and found 558.2 tons of finished fertilizer products such as potassium sulfate fertilizer in the finished product stacking area. After investigation, Yunnan Kaifeng Fertilizer Co., Ltd. does not have the Mannheim method production equipment and process indicated in the outer packaging bag of potassium sulfate fertilizer. The party marked the names of other enterprises on the outer packaging of the fertilizer, suspected of falsifying the place of origin, and the total value of the fertilizer involved was 1.9993 million yuan.
Laws and Regulations
The behavior of the parties violated the provisions of Articles 5 and 30 of the Product Quality Law of the People's Republic of China, and was suspected of constituting a crime, and the Bazhou Market Supervision Bureau transferred the case to the public security organs for handling in accordance with the law.
The production and sale of counterfeit and shoddy chemical fertilizers seriously endangers the vital interests of farmers and national food security. The investigation and handling of this case has warned the production and operation entities to consciously regulate their production and operation behaviors, forming a strong deterrent.
The 2024 "Iron Fist" operation will focus on "protecting people's livelihood".
Highlight the two themes of "security" and "anti-fraud".
Focus on social concerns and public concerns
Pain points, difficult and focused problems, and implement strong crackdowns
▲ Highlight the theme of "ensuring safety", and strictly investigate and deal with illegal cases in the field of "two products and one special" such as industrial products, food and special equipment;
▲ Highlight the theme of "anti-fraud", and strictly investigate and deal with all kinds of online and offline illegal cases that infringe on the legitimate rights and interests of consumers;
▲ Local market supervision departments are required to conscientiously organize the investigation and handling of cases in the above-mentioned fields, and at the same time, determine the focus of case investigation and handling in combination with the actual situation such as local industrial distribution, consumption environment, and mass appeals;
▲ Establish and improve a long-term mechanism;
▲ Organize a series of publicity activities.
Source | The city speaks a new language
Edited | W
Proofreading | graceful
Editor-in-charge | forest
Transferred from: Chengdu Market Supervision