Buy goods in the live broadcast room
It has become what people shop online today
One of the main avenues
January 3, 2023
Mr. Liu from Ouhai District, Wenzhou City
In the "Rich Woman XX" live broadcast room of an e-commerce platform
I bought it at a low price of 29.9 yuan
A bottle of "SK-II" cream
However, skin irritation appeared after use
So he reported it to the Market Supervision Bureau
Unexpectedly
A big case of selling fakes in the live broadcast room
This is where it comes to the surface
"Big brand cosmetics" with a purchase price of only a few yuan to more than ten yuan
It's hard to tell the real from the fake
According to Mr. Liu's report clues, the market supervision department of Ouhai District, Wenzhou, found that all the counterfeit cosmetics sold in the live broadcast room where he placed an order. The public security organs immediately filed a case for investigation.
Since March 2022, the boss Dai has decided to make a profit by selling counterfeit cosmetics through live streaming due to the company's poor management. She hired Wang Moumou as the anchor and Wen Moumou to be in charge of the operation, and sold cosmetics with counterfeit registered trademarks of brands such as "SK-II", "Lancôme", "Kiehl's" and "Chanel" in the form of online live broadcasts.
The counterfeit cosmetics they sell are not only "big brands", but also have a very complete range, from lipsticks and perfumes to liquid foundations, sunscreens, face masks, etc., all kinds of word-of-mouth cosmetics. Dai confessed that the purchase price of these counterfeit cosmetics was only a few yuan to a dozen yuan, and the price was dozens of yuan. Although the selling price can be described as "cabbage price", the appearance, texture and even smell of the product are extremely similar to hundreds or thousands of genuine products, making it difficult for customers to distinguish between the real and the fake.
Because of the huge price difference between the cosmetics sold in Dai's live broadcast room and other genuine products, whenever a buyer asks the reason for the price difference, the anchor will pretend to be "genuine backlog and clearance goods". In addition, in order to avoid the risk of being seized for selling counterfeits, the link of Dai's store is also very hidden, and there are no pictures of big-name cosmetics, let alone a detailed introduction. Buyers can only place orders when they enter the live broadcast room.
In order to further avoid legal risks and diversify the number of returned orders, Dai and others successively opened "one store", "two stores" and "six stores...... In less than a year, the six stores actually sold more than 29,000 pieces of cosmetics, with a total sales of more than 760,000 yuan.
The supplier behind it has surfaced
Where do counterfeit cosmetics come from?
Whether there are similar live streaming businesses
Not found?
In order to crack down on crime in the whole chain, the prosecutor of the Ouhai District Procuratorate of Wenzhou City intervened in the case in advance, fully communicated with the police handling the case, actively guided the investigation, and followed the path of Dai's purchase, and dug out the middlemen such as Li Moumou, Liu Moumou, and Fan Moumou, as well as Gao Moumou, Chi Moumou, Cui Moumou and other live broadcast sellers.
Mr. Li is Mr. Dai's direct supplier. He purchased goods from Liu and Fan, and sold them to Dai after a price increase of 7%-10% for each piece. Later, with the expansion of Dai's business, Li Moumou directly provided him with a "one-click delivery" service, that is, he could log in to the sub-account of Dai's store to see the buyer's order information, and ship directly from Shantou, Guangdong, where he was located, so as to reduce the intermediate freight links.
The procurator guided the public security organs to peel back the cocoon and further dig into the source of counterfeiting. By tracking the courier information, a counterfeiting den was found hidden in the mountains of Guilin, Guangxi, which was one of the sources of counterfeiting of counterfeit cosmetics sold by Dai.
Got it
The production site is in a pig farm
Mo Moumou originally worked in Guangdong. In 2022, in order to produce counterfeit cosmetics, he teamed up with He Moumou to find a pig farm on the side of an extremely remote mountain in Guilin, Guangxi, and built a simple mask processing plant. The factory is very simple, the sanitary conditions are very poor, and the production equipment is only a mask machine and a filling machine. When making cosmetics, they mix chemical raw materials with thickeners to make a transparent liquid, then fill them into masks, put on the outer packaging, and turn a shoddy product into an international brand such as "SK-II" AND "LA MER". In the process of making the masks, they processed and packaged them with their bare hands, without taking any hygienic precautions.
"The chemical raw materials of these counterfeit cosmetics are very low, without any quality assurance, and some of the chemical ingredients exceed the standard, which is very likely to cause allergies, 'bad face' after use, and some even contain prohibited ingredients, which will pose a threat to health. The prosecutor said.
On March 28, 2024, after the Ouhai District Procuratorate initiated a public prosecution, the Ouhai District Court sentenced Li to three years in prison, suspended for three years and six months, and fined 200,000 yuan, and sentenced Dai to three years in prison, suspended for three years and six months, and fined 430,000 yuan. Mo Moumou, who made counterfeits, was sentenced to three years in prison, suspended for three years and six months, and fined 70,000 yuan for the crime of counterfeiting registered trademarks. The remaining defendants, including Wang, Wen, and Liu, were also sentenced.
I bought a fake in the live broadcast room
How can I protect my rights and interests?
If a consumer buys a fake product in the live broadcast room, he can claim compensation from the seller or the online trading platform, and he can also require the two to bear joint and several liability. According to Article 39 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, disputes over consumer rights and interests between consumers and business operators may be resolved through the following channels:
(1) Negotiate and settle with business operators;
(2) Requesting mediation by consumer associations or other lawfully established mediation organizations;
(3) Complain to the relevant administrative department;
(4) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
(5) Initiating litigation in the people's courts.
The prosecutor reminded everyone
As a consumer, we must keep our eyes open, consume rationally, and be good at distinguishing between real and fake, especially in the face of low prices, but also pay attention to beauty traps.
At the same time, it is necessary to enhance the awareness of rights protection, develop the habit of preserving evidence, such as shopping records and payment records, product manuals, and if it causes damage or other losses to consumers' bodies, it is necessary to keep relevant vouchers and consumption lists. These written materials are evidence of rights protection.
Source: Ping An Ding, Central Political and Legal Commission An Jian, Hohhot Municipal People's Procuratorate, Yuncheng Procuratorate
Editor-in-charge: Zhu Meirong
Editor: Anne Xu