Illegal addition of nutrient enhancers to milk powder The court supported the consumer to receive ten times the compensation

The child became unwell after drinking the milk powder he bought, and the mother carefully checked the ingredient list and found a food nutrition enhancer, so she took the milk powder production company to court. On March 15, the Chengdu Qingyang Court published a case in which the court finally upheld the mother's claim that under the Food Safety Law, she had the right to demand that the producer refund the purchase price and pay ten times the price.

On May 21, 2019, Wei purchased 13 cans of milk powder produced by a company at a maternal and child products store, paying a total of 4262 yuan. After the purchase, his child became unwell when eating it, and found that the product was illegally used as a food nutrition enhancer on the ingredient list. Subsequently, Wei sued the milk powder production company in court.

After filing the case, the Qingyang Court found that the milk powder ingredient list produced by a company was marked as containing L-lysine, and according to the relevant standards issued by the Ministry of Health, L-lysine was a nutritional enhancer. The milk powder products in this case do not fall within the scope of products that can be added with L-lysine, and the company illegally uses nutritional enhancers to produce foods that do not meet food safety standards.

The court ultimately upheld Wei's claim that, according to the Food Safety Law, Wei had the right to require the producer to refund the purchase price and pay ten times the price.

The judge reminded that the second paragraph of article 148 of the Food Safety Law stipulates that "if a consumer produces food that does not meet food safety standards or operates food that he knows does not meet food safety standards, in addition to claiming compensation for losses, he may also demand compensation from the producer or business operator for ten times the price or three times the loss; if the amount of additional compensation is less than 1,000 yuan, it shall be 1,000 yuan." However, except for the existence of defects in the labels and instructions of food that do not affect food safety and do not mislead consumers. ”

The judge cautioned that when buying infant food, it is necessary to carefully check the ingredients stated on the food leaflet. If the food contains some additives with unfamiliar names, you can learn about the specific ingredients and scope of application of these additives through network inquiries and other methods. If necessary, consult a food expert or your local food and drug authority to help you make the right purchase decision.

In addition to paying attention to food safety, when dealing with economic transactions and commercial transactions, it is necessary to keep receipts, invoices and other documents. If there is a violation of their legitimate rights and interests, try to protect their rights through the correct channels and methods after consulting professionals or inquiring about relevant information.

Cover news reporter Dai Zhuxin

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