After the woman spent 30,000 yuan to buy tiger bone wine, she claimed 300,000 yuan from the seller for not conforming to food safety, and after the first trial and appeal, the beijing Second Intermediate People's Court recently made a final judgment: upholding the original judgment.
It is understood that on December 17, 2020, the woman Liu Purchased three bottles of tiger bone wine from Yang × Company, including two small bottles, the brand is "Jianchun Brand", and the production date is marked as "80s"; a large bottle brand is "Great Wall Brand", and the production date is marked as 1989. Liu said that the unit price of small bottles is 9,000 yuan, and the unit price of large bottles is 12,000 yuan, and a total of 30,000 yuan is paid.
Liu said that he did not eat the above goods, and claimed 300,000 yuan from the company on the grounds that it did not meet food safety, and the company said that "tiger bone wine contains tiger bone ingredients, and because Liu's report has been subject to administrative penalties" should no longer compensate Liu.
Shen Li of the first instance of the Daxing District People's Court of Beijing Held that the product involved in the case, as a tiger bone product prohibited by the state from being traded, should not refer to food safety standards and did not belong to the scope of protection by the Food Safety Law, so it ordered the sales company to return 30,000 yuan to Liu, and Liu to return 3 bottles of tiger bone wine.
Liu appealed against the first-instance judgment, and the court of second instance stressed that the State Council had made relevant provisions on prohibiting the trade of tiger bones in 1993, and since then tiger bone products have been prohibited from being sold, and Liu and Yang × company, as buyers and sellers, have violated the provisions of the above laws and administrative regulations, and both parties are responsible for this.
In the end, a final judgment was rendered, rejecting the appeal and upholding the original judgment.
China Business Daily reporter Cong Zhiguo