On April 29, the website of the Autonomous Region Market Supervision Bureau announced the first batch of typical cases of the "Iron Fist" operation in the field of people's livelihood in 2024.
Since 2024, the autonomous region's market supervision system has continued to carry out the "iron fist" operation with "protecting people's livelihood" as the center and "ensuring safety" and "anti-fraud" as the theme, strengthening overall planning and coordination, optimizing law enforcement forces, and attacking with precision and heavy blows, investigating and dealing with a number of illegal cases closely related to the interests of the masses, and achieving positive results.
The first batch of typical cases of the 2024 "Iron Fist" operation in the field of people's livelihood are as follows:
1. The Market Supervision and Administration Bureau of Ruoqiang County, Bazhou investigated and dealt with the case of Sun's sale of goods that infringed on the exclusive right to use 13 registered trademarks such as Adidas and Nike without the permission of the trademark registrant
On January 24, 2024, the Market Supervision and Administration Bureau of Ruoqiang County, Bazhou, Xinjiang, imposed an administrative penalty of a fine of 241,120 yuan and confiscation of 27,680 yuan of illegal gains on Sun's sale of goods infringing on the exclusive right to use 13 registered trademarks such as Adidas and Nike without the permission of the trademark owner.
On January 11, 2024, the Market Supervision and Administration Bureau of Ruoqiang County, Bazhou, Xinjiang, according to the "Procuratorial Opinion" of the Ruoqiang County Procuratorate, launched an investigation into Sun's sale of 13 registered trademark goods such as Adidas and Nike in accordance with the law. It was found that on March 15, 2023, Sun purchased 100,000 pairs of trademark-infringing socks from Qiu at a price of 1.10 yuan/pair and sold them to Russian buyers at a price of 1.25 yuan/pair through WeChat, and on April 20, 2023, he purchased 149,000 pairs of trademark-infringing socks from Li at a price of 0.88 yuan/pair, and sold them to Russian buyers at a price of 1.00 yuan/pair through WeChat. The total cost of the two commodity transportation was 5,200 yuan, the illegal business revenue was 274,000 yuan, and the illegal income was 27,680 yuan.
Sun's sale of goods infringing on the exclusive right to use 13 registered trademarks such as Adidas and Nike without the permission of the trademark registrant violated the provisions of Article 57 (3) of the Trademark Law of the People's Republic of China, and the Market Supervision and Administration Bureau of Ruoqiang County, Bazhou, Xinjiang imposed an administrative penalty in accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China.
The sale of counterfeit products not only infringes on the interests of registered trademark owners, but also harms the market order of fair competition and the legitimate rights and interests of consumers. The investigation and handling of this case demonstrates the firm determination of the market supervision department to crack down on infringement and counterfeiting, and to set up a "high-voltage line" for illegal elements.
2. The Market Supervision and Administration Bureau of Changji City, Changji Prefecture, investigated and dealt with the case of a biotechnology development company that produced and operated food with chemical substances other than food additives and other substances that may endanger human health
On January 25, 2024, the Changji Municipal Administration for Market Supervision and Administration issued an administrative penalty of ordering the production and sale of food with chemical substances other than food additives and other substances that may endanger human health in accordance with the law, confiscating 2,604 bottles of illegally produced "Zhal" nutritional drink, and fining 208,300 yuan for the production and operation of food with chemical substances other than food additives and other substances that may endanger human health.
On July 28, 2023, the Changji Municipal Administration for Market Regulation inspected a biotechnology development company in accordance with the "Notice of Transfer of Cases" issued by the Changji Municipal Public Security Bureau. After investigation, in order to improve the aphrodisiac effect of the drink, the party purchased 315 boxes of the aphrodisiac drug "Deer Placenta Pill" containing sildenafil (10 grams per box) and added it directly to the "Estimated Zal" nutritional drink produced by it. After entrusting the Xinjiang Uygur Autonomous Region Product Quality Supervision and Inspection Research Institute to inspect the ingredient "deer placenta pill" used and the "Estazal" nutritional drink produced, it was concluded that the ingredient "deer placenta pill" and the beverage contained sildenafil chemical components. As of the time of the case, the parties had produced a total of 248 pieces (12 bottles/pieces) of "Estimated Zal" nutritional drinks, of which 31 were used for their own consumption and gifts, and the remaining 217 pieces (12 bottles/pieces) were not sold, with a value of 10,400 yuan. The behavior of the parties violated the provisions of Article 34, Paragraph 1 (1) of the Food Safety Law of the People's Republic of China, and constituted the production and operation of food with chemical substances other than food additives and other substances that may endanger human health, and the Changji Municipal Market Supervision and Administration Bureau imposed administrative penalties in accordance with the provisions of Article 123, Paragraph 1 (1) of the Food Safety Law of the People's Republic of China.
The Food Safety Law clearly stipulates that non-food raw materials shall not be used to produce food, or it is forbidden to add chemical substances other than food additives and other substances that may endanger human health in the process of production and operation of food. However, the party purchased powdered items and added them without authorization, resulting in the detection of the chemical ingredient "sildenafil" in the beverage produced, which was subjective and intentional. The investigation and handling of this case has protected the legitimate rights and interests of consumers and deterred illegal operators. In the future, the market supervision department will continue to increase the investigation and punishment of such illegal acts, so that consumers dare to consume, consume healthily, and consume with confidence.
3. The Artush Municipal Market Supervision Bureau investigated and dealt with the case of a pharmaceutical chain limited liability company illegally publishing advertisements for prescription drugs and medical devices
On December 29, 2023, the Artush Municipal Market Supervision Bureau imposed an administrative penalty of 100,000 yuan on a pharmaceutical chain limited liability company for publishing advertisements for prescription drugs and medical devices in violation of laws and regulations.
On October 13, 2023, the law enforcement officers of the Artush Municipal Market Supervision Bureau went to a pharmaceutical chain limited liability company to carry out an inspection in accordance with the law according to the clues assigned by the superiors, and found that the parties had printed the names of 16 prescription drugs and 7 medical devices on the leaflets. After verification, the parties published advertisements for 16 kinds of prescription drugs such as losartan potassium tablets, butylphthalide soft capsules, and 7 kinds of medical devices such as Xinyourui disposable injection pen needles without approval. The behavior of the parties violated the provisions of Article 15, Paragraph 2 of the Advertising Law of the People's Republic of China and Article 60, Paragraph 2 of the Regulations on the Supervision and Administration of Medical Devices, constituting the illegal publication of advertisements for prescription drugs and medical devices.
Illegal advertising of prescription drugs and medical devices may mislead patients about the use of medical devices, resulting in the health and safety of patients and harming the rights and interests of consumers. According to the provisions of the Advertising Law, advertisements for prescription drugs and medical devices need to be approved by relevant departments, and can only be published in specific media, and cannot exaggerate the efficacy or false publicity. The resolute investigation and punishment of such illegal acts by the market supervision department has a strong deterrent effect on business operators.
Fourth, the Urumqi High-tech Zone (New Urban Area) Market Supervision and Administration Bureau investigated and dealt with a kindergarten that did not obtain a food business license to engage in campus catering services
On January 4, 2024, the Market Supervision and Administration Bureau of Urumqi High-tech Zone (New Urban Area) imposed an administrative penalty of confiscation of 4,700 yuan of illegal income and a fine of 50,000 yuan for a kindergarten engaging in campus catering services without obtaining a food business license.
The Market Supervision and Administration Bureau of Urumqi High-tech Zone (New Urban Area) inspected a kindergarten in Urumqi High-tech Zone (New Urban Area) in accordance with the law, and found that the party concerned had processed three meals a day for children in the park without obtaining the "Food Business License" from October 30, 2023. The behavior of the parties violated the provisions of Article 35, Paragraph 1 of the Food Safety Law of the People's Republic of China, constituting the act of engaging in campus catering services without obtaining a food business license, and the Market Supervision and Administration Bureau of Urumqi High-tech Zone (New Urban Area) made administrative penalties in accordance with the provisions of Article 122, Paragraph 1 of the Food Safety Law of the People's Republic of China.
Operators who engage in campus catering services without obtaining a food business license will not only be confiscated of illegal gains and fined, but will also be recorded in the national enterprise credit information publicity system and publicized, which will seriously affect the reputation of the operator. At the same time, operators engaged in campus catering service activities should also improve the rules and regulations, handle relevant qualifications in accordance with the law before the opening of the park, accept the supervision of relevant departments in the operation, ensure food safety, and protect the legitimate rights and interests of teachers and students in the school, so as to achieve long-term development.
5. The Market Supervision and Administration Bureau of Yining City, Yili Prefecture, investigated and dealt with a furniture limited company that fabricated the qualifications of the subject of the contract and concluded the contract and used standard clauses to reduce the liability that the operator should bear in accordance with the law
On February 6, 2023, the Market Supervision and Administration Bureau of Yining City, Yili Prefecture, imposed an administrative penalty of a fine of 50,000 yuan on a furniture company for the fictitious qualification of the subject of the contract and the use of standard clauses to reduce the responsibilities that the operator should bear in accordance with the law.
In the course of conducting business, the parties signed the "XX Home Furnishing Order Contract", "XX Home Furnishing 2023/2024 My Home More Beautiful New Product Model Room Purchase Contract", "XX Whole House Customized Sales Contract", "XX Home Furnishing President Signing Whole House Decoration Deposit Agreement" and "Family Room Decoration Project Construction Contract". All of them signed contracts in the name of a certain private Yili store in Chengdu and stamped with the seal of "special seal of a certain private Yili store in Chengdu". After investigation, the main body of "a certain private Yili store in Chengdu" did not exist, and it was not registered to obtain a business license. At the same time, the scope of authorization agreed between Chengdu XX Furniture Sales Co., Ltd. and the parties does not include the word "XX" in the industrial and commercial registration certificate. Article 9 of the contract is Party B's breach of contract and penalties "(5) the delivery time of the project does not meet the requirements (subject to the workload in Party B's budget project), and Party A deducts labor fees of RMB 50 per day for more than seven days" does not clearly stipulate the liquidated damages that Party B shall bear in accordance with the law. The parties' act of concluding a contract with fictitious qualifications as a contract subject violates the provisions of Article 5 (1) of the Measures for the Administrative Supervision and Administration of Contracts, and the parties conclude a contract by using standard clauses to reduce the liability that the operator should bear in accordance with the law, which violates the provisions of Article 7 (4) of the Measures for the Administrative Supervision and Administration of Contracts. In accordance with the provisions of Article 18 of the Measures for the Administration of Administrative Supervision and Administration of Contracts, the Market Supervision and Administration Bureau of Yining City, Yili Prefecture shall impose administrative penalties in accordance with the law.
Contract fraud uses the conclusion of contracts as a means to conclude contracts by fabricating subject qualifications, facts, or deceptive methods to conceal the truth, disrupting the normal market order and infringing on the lawful rights and interests of consumers, and shall be severely cracked down on in accordance with law. At the same time, business operators and citizens should enhance their sense of the legal system and legal awareness, and should not only avoid "stepping on mines" but also actively safeguard their own rights and interests.
6. The Market Supervision and Administration Bureau of Xinyuan County, Yili Prefecture investigated and dealt with the case of a laundry and dyeing limited liability company in Xinyuan County using uninspected special equipment
On January 23, 2024, the Market Supervision Bureau of Xinyuan County, Yili Prefecture, imposed an administrative penalty of a fine of 30,000 yuan on the use of uninspected special equipment by a laundry and dyeing limited liability company in accordance with the law.
On December 11, 2023, law enforcement officers of the Xinyuan County Market Supervision Bureau found that a washing and dyeing limited liability company in Xinyuan County was using an uninspected boiler during their daily inspection. After investigation, a washing and dyeing limited liability company in Xinyuan County signed a boiler procurement and installation contract with a boiler Co., Ltd. in Xinjiang on March 18, 2023, arrived at the end of September 2023 for installation, and at the end of November, the boiler was used to wash bed sheets and quilts. The behavior of the parties violated the provisions of Article 40, Paragraph 3 of the Special Equipment Safety Law of the People's Republic of China, constituting the use of special equipment that has not been regularly inspected, and the Xinyuan County Market Supervision and Administration Bureau imposed administrative penalties in accordance with the provisions of Article 84 (1) of the Special Equipment Safety Law of the People's Republic of China.
The use of boilers is large and wide, and the safety requirements are high, and the mainland implements administrative licensing for boiler manufacturing units to ensure that the manufacturing units have corresponding professional and technical personnel, equipment and facilities, and quality control systems to eliminate potential safety hazards. However, some enterprises lack the awareness of safety and security, only care about one-sided pursuit of interests, and use untested boilers, product performance can not be guaranteed, and there are great potential safety hazards. The investigation and handling of this case enhances the self-discipline awareness of boiler users, and warns the business entity to choose boilers that meet national quality and safety requirements and use them in accordance with the law.
7. The Urumqi County Market Supervision and Administration Bureau of Urumqi City investigated and dealt with the case of a kitchen equipment manufacturing company selling commercial gas cookers that did not meet national safety standards
On January 11, 2024, the Market Supervision and Administration Bureau of Urumqi County, Urumqi City, ordered a kitchen equipment manufacturing Co., Ltd. to stop production and sales and fined 16,800 yuan in accordance with the law for the production and sale of commercial gas cookers without flame-out protection devices that do not meet national standards.
On November 1, 2023, during the inspection, the law enforcement officers of the Urumqi County Market Supervision and Administration Bureau found that some commercial gas cookers marked with the words "Jinke Huaguan" that had not yet left the factory of a kitchen equipment manufacturing company were not equipped with flame-out protection devices (not in accordance with the relevant provisions of the national mandatory standard GB35848-2018). It was found that most of the commercial double-head and single-head gas cookers that were not installed with flame-out protection devices in the party's factory and in the courtyard canopy were produced in the factory building on Cangfanggou Middle Road in Shayibak District before 2020, and the above-mentioned commercial gas cookers were later transported to the factory building in Urumqi County. The company's business manager said that the commercial gas cooker has not yet left the factory, and the flame-out protection device will be installed before leaving the factory. According to the accounting vouchers obtained by the company in accordance with the law, the parties have sold 1 stainless steel double-head double-tail gas stove, 2 single-head large pot stoves and 1 stainless steel double-head gas stove without installing flame-out protection devices, with a value of 16836. 62 yuan. The behavior of the parties violated the provisions of Article 13, Paragraph 2 of the Product Quality Law of the People's Republic of China, and constituted the production and sale of industrial products that did not meet the standards and requirements for protecting human health and personal and property safety. The Urumqi County Market Supervision and Administration Bureau shall impose administrative penalties in accordance with the provisions of Article 49 of the Product Quality Law of the People's Republic of China.
In recent years, accidents caused by unqualified and improper use of gas cookers and accessories have occurred from time to time, and gas cookers that do not meet the national mandatory standards have greater safety risks and hidden dangers, endangering the safety of people's lives and property and social stability. The investigation and handling of the case strongly urged the dealer to establish and strictly implement the purchase inspection system, strictly control the quality of the purchase, and play an educational and warning role for the relevant market entities.
8. The Market Supervision Bureau of Awati County, Aksu Prefecture, investigated and dealt with the case of a new energy vehicle charging service Co., Ltd. in Aksu using measuring instruments that have not been compulsorily verified
On January 29, 2024, the Market Supervision and Administration Bureau of Awati County, Aksu Prefecture, imposed an administrative penalty of 3,000 yuan on the use of measuring instruments without compulsory verification by a new energy vehicle charging service Co., Ltd. in Aksu.
On December 26, 2023, the law enforcement officers of the Awati County Market Supervision and Administration Bureau conducted daily supervision and inspection of a new energy vehicle charging service Co., Ltd., and found that 5 charging piles (chargers) of the parties were in use, of which 4 product names: 60KW double-gun DC charging piles, product model HSDC60750, production date: 2023.01.31, output voltage 200v-750v, manufacturer: Huasheng New Energy Technology (Shenzhen) Co., Ltd., one of which is product name: 120KW double-gun DC charger, production date: 2023.07.17, output voltage 200V-1000V, Manufacturer: Huasheng New Energy Technology (Shenzhen) Co., Ltd. The parties concerned are unable to provide the verification certificates of measuring instruments for the above 5 charging piles (chargers). The behavior of the parties violated the provisions of Article 12, Paragraph 1 of the Regulations on the Supervision and Administration of Metrology of Xinjiang Uygur Autonomous Region, and constituted the use of measuring instruments that have not been compulsorily verified.
With the rapid growth of new energy vehicles in the mainland, charging piles will be installed in large quantities at an order of magnitude growth rate, just like the fuel dispensers and gas dispensers that we are accustomed to now appear in our lives. As an administrative law enforcement department, it is necessary to implement strict legal management of such markets at the beginning of the formation of the market, so that the metering market behavior of charging piles has been included in the benign track of sustainable development and legal management from the beginning.
9. The Turpan City Market Supervision Bureau transferred to the public security organs the case of a store in Gaochang District selling deer placenta pills and other toxic and harmful foods to the public security organs in accordance with law
On February 8, 2024, the Turpan Municipal Market Supervision Bureau transferred the suspected crime of selling toxic and harmful foods such as deer placenta pills in a store in Gaochang District to the public security organs in accordance with the law.
On December 27, 2023, when the law enforcement officers of the Turpan Municipal Market Supervision Bureau and the Food and Drug Ring Branch of the Turpan Municipal Public Security Bureau carried out a joint inspection, they found that the lowest shelf of a store in Gaochang District contained products such as ginseng cordyceps deer whip pills, viagra sildenafil citrate tablets, turtle deer pills, cordyceps deer whip pills, ginseng three kidney pills, etc., and the outer packaging and label labeling met the definition of food, but the parties could not provide the legal qualifications of the products and the qualifications of the supplier and relevant materials such as qualification documents. The law enforcement officers took administrative compulsory measures against the above-mentioned products in accordance with the law and entrusted Henan CTI Testing Technology Co., Ltd. for inspection by sampling. On January 12, 2024, the inspection reports of the above six products were received, and the chemical drug ingredient "sildenafil" was detected in the product ingredients.
In accordance with the provisions of Article 27, Paragraph 1 of the "Administrative Punishment Law of the People's Republic of China", Article 121, Paragraph 1 of the "Food Safety Law of the People's Republic of China", and Article 11 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety", the Turpan Municipal Administration for Market Regulation transferred the case of suspected sales of toxic and harmful food in a store in Gaochang District to the public security organs in accordance with the law.
The investigation and handling of this case is the result of the full implementation of the "four strictest" requirements and the further play of the role of the coordination mechanism for the connection of executions, which has played a positive role in creating a safe and secure consumer environment, safeguarding the people's life, health and property safety, and promoting the high-quality development of the city's economy. This case is a typical case in which the Turpan Municipal Market Supervision Bureau has cooperated with the public security organs since the launch of the "Iron Fist" operation in the field of people's livelihood this year, which effectively demonstrates the warning effect of the "Iron Fist" operation.
10. The Hotan District Market Supervision and Administration Bureau investigated and dealt with the case of a gas station selling motor gasoline and diesel that did not meet national standards
On March 4, 2024, the Hotan District Market Supervision and Administration Bureau imposed an administrative penalty of confiscation of 19,800 yuan of illegal gains and a fine of 301,200 yuan for the sale of No. 92 vehicle gasoline (VI.B) and No. 0 vehicle diesel (VI.) that do not meet the national standards for protecting human health and personal and property safety.
On August 27, 2023, the Xinjiang Uygur Autonomous Region Administration for Market Regulation took samples of No. 92 vehicle gasoline (VI.B) and No. 0 vehicle diesel (VI.) sold by the parties in accordance with the law, and entrusted the Xinjiang Uygur Autonomous Region Product Quality Supervision and Inspection Institute to conduct inspections, and the conclusion was that the products were unqualified. On September 19, 2023, the parties submitted an application for re-inspection, and after re-inspection, it was still judged to be a substandard productOn November 16, 2023, the Xinjiang Uygur Autonomous Region Administration for Market Regulation handed over the case to the jurisdiction of the Hotan Regional Administration for Market Regulation and included it in the supervision case.
After investigation, the party purchased No. 92 vehicle gasoline (VI.B) from PetroChina Xinjiang Sales Co., Ltd. Kashgar Branch on July 12, 2023, and No. 0 vehicle diesel (VI.) from Ningxia Runguang Petroleum Co., Ltd. on August 10, 2023. When the law enforcement officers sent samples for inspection on August 27, the sampling base was 18,469 liters of No. 92 vehicle gasoline (VI.B) and 20,332 liters of No. 0 vehicle diesel (VI.), with a total value of 301,167.06 yuan for the two unqualified oil products, which have all been sold out by September 18, 2023. According to the value of the goods involved in the case, on December 13, 2023, the Hotan District Market Supervision and Administration Bureau transferred the case to the Hotan District Public Security Bureau in accordance with the law, and on January 22, 2024, the law enforcement officers received a notice from the public security organ not to file the case, recommending that the case be administratively punished in accordance with the law. The conduct of the parties violated the provisions of Article 13, Paragraph 2 of the Product Quality Law of the People's Republic of China, and constituted the sale of products that did not meet the national standards for protecting human health and personal and property safety. The Hotan District Market Supervision and Administration Bureau shall impose administrative penalties in accordance with the provisions of Article 49 of the Product Quality Law of the People's Republic of China.
The market supervision department solemnly reminds that oil producers and operators must abide by national laws, implement national standards, and strictly prohibit the production and sale of oil products that do not match the labels and labels, unqualified quality, adulteration and adulteration, as well as those eliminated and strictly prohibited from being sold by the state. The majority of consumers should choose regular gas stations to refuel to avoid damage to your car caused by inferior oil products. The market supervision department will strictly investigate and deal with violations of laws and regulations in the production and sale of inferior oil products in accordance with the law, protect the legitimate rights and interests of consumers, and earnestly maintain a fair and just market order.