According to the news of the Shandong Provincial Market Supervision and Administration Bureau on the 30th, in order to effectively safeguard the legitimate rights and interests of the people, combined with the practical activities of "I do practical things for the masses", the Shandong Provincial Market Supervision Bureau organized the "Iron Fist" action in the province to investigate and handle cases in the field of people's livelihood in 2021. It is worth mentioning that in the fifth batch of typical cases announced, there are 3 cases of "shanzhai" food violations, as follows:
(Figure from CFP)
1. Dongying Guangrao County Market Supervision Bureau investigated and dealt with the case of Dongying Hua Sugar Food Co., Ltd. not obtaining a food production license and fraudulently using the name of another person's factory to engage in confectionery production and business activities
According to the report, the Guangrao County Market Supervision Bureau conducted a law enforcement inspection on Dongying Hua Sugar Food Co., Ltd. After investigation, the parties engaged in food production and business activities without obtaining a food production license, produced and sold "Jingte Mei Hao Happiness" candy that fraudulently used the factory name of "Jiexi County Xinbaiwei Food Factory" and the factory site, and produced and fraudulently used the factory name of "Rizhao Yimei Food Co., Ltd." and the factory site "Guanyin Sending Crab Flavor Claw Ren" and other foods. The parties' conduct violated the first paragraph of Article 35 of the Food Safety Law and Article 30 of the Product Quality Law. In August 2021, the Guangrao County Market Supervision Bureau confiscated the illegal production and operation of food and packaging materials in accordance with the provisions of Article 122, Paragraph 1 of the Food Safety Law and Article 53 of the Product Quality Law, and imposed an administrative penalty totaling 70,100 yuan.
The products involved in this case are typical rural market "cottage" foods, which infringe on the legitimate rights and interests of other enterprises, and have hidden dangers of food safety risks, which is the key area of the "Iron Fist" action crackdown. The market supervision departments at all levels in Dongying City have intensified the supervision and law enforcement of rural markets, severely cracked down on the illegal acts of selling "shanzhai" food, and effectively safeguarded the legitimate rights and interests of the rural masses and market order.
2. The Market Supervision Bureau of Juxian County, Rizhao City investigated and dealt with the case of Dai Zhenbao's production of food "Great White Rabbit Milk Candy" that infringed on the exclusive right to use a registered trademark of others without obtaining a food production license
Rizhao Juxian Market Supervision Bureau carried out a special law enforcement action on fake and shoddy food in rural areas, and law enforcement personnel found through on-site inspection that Dai Zhenbao used rented houses in rural areas to produce food labeled "Great White Rabbit Milk Candy" without obtaining a food production license. After investigation, the milk candy produced by the parties fraudulently used the registered trademark of Great White Rabbit Milk Candy and the factory name and license information of Fengxian Branch of Shanghai Guanshengyuan Food Co., Ltd., producing a total of 150kg, with a value of 6,000 yuan, which has not been sold and has no illegal gains. The parties concerned did not obtain a food production license, produced illegal acts of food white rabbit milk candy that infringed on the exclusive right to use a registered trademark of others, and at the same time violated the provisions of Article 35, Paragraph 1 of the Food Safety Law of the People's Republic of China and Article 57, Paragraph 1 of the Trademark Law of the People's Republic of China, and in April 2021, the Market Supervision Bureau of Juxian County, Rizhao City, in accordance with the provisions of Article 122, Paragraph 1 of the Food Safety Law of the People's Republic of China and Paragraph 2 of Article 60 of the Trademark Law of the People's Republic of China, The parties were given an administrative penalty of confiscating 150kg of illegally produced "Great White Rabbit Milk Candy", 1kg of wrapping paper, confiscating 2 sets of special production equipment, and fining 100,000 yuan.
In recent years, some infringing and counterfeit "cottage" food production and sales "positions" have been transferred to remote rural markets, and it is difficult to investigate and deal with law enforcement. The counterfeiting dens in this case were promptly investigated and dealt with, the source of the production and sale of counterfeits was snuffed out, and the products involved in the case were resolutely investigated and dealt with when they did not enter the market, eliminating the problem in the bud, and controlling the harmful consequences in a timely manner, which not only safeguarded the legitimate rights and interests of the trademark rights holders and the market order of fair competition, but also protected the people's "safety on the tip of the tongue" and achieved good social results.
3. The Huantai County Market Supervision Bureau of Zibo investigated and dealt with the unauthorized use of packaging and decoration similar labels by a company in Zibo that had a certain impact on others
The Huantai County Market Supervision Bureau conducted a law enforcement inspection of a company in Zibo based on the illegal clues transferred from other places, and found two batches of small bottles of wine products in Moutai Town involved in the inventory totaling 124 boxes. After the law enforcement personnel compared the whole and part of the packaging and decoration of the products involved in the case with the Guizhou Moutai wine one by one, the company constituted an act of unfair competition by using the packaging and decoration similar to the logo that had a certain impact on others without authorization. The illegal act of using packaging and decoration similar labels with certain influence to others without authorization violated the provisions of Article 6 (1) of the Anti-Unfair Competition Law of the People's Republic of China, and the illegal business turnover was 78609.6 yuan. In accordance with the provisions of the first paragraph of Article 18 of the Anti-Unfair Competition Law of the People's Republic of China, the parties were ordered to stop the illegal acts, and the parties were ordered to confiscate the illegal goods and impose an administrative penalty of 157,200 yuan.
Trademarks and logos are important symbols that distinguish the source of goods and services, and are related to the goodwill and image of enterprises. A large number of "cottage" liquor "underground" circulation not only seriously infringes the rights and interests of producers and consumers, but also undermines the normal market operation order. Market supervision departments should take the "iron fist" action to investigate and handle cases in the field of people's livelihood as an opportunity to severely crack down on illegal acts, maintain normal market order, and purify the business environment.
![Why does the great white rabbit milk candy harden and not sweet?[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)