After CCTV 3·15 party exposed the "old cabbage", two lawyers in Xi'an launched a rights protection action against "Master Kong": one sued "Master Kong" to the Weiyang District Court of Xi'an City, claiming 10,000 yuan, and the court has filed a case; one person claimed 1,000 yuan from "Master Kong", and the two parties are still negotiating.
3·15 that night purchased 5 packs of "problem sauerkraut noodles ". After CCTV exposed it, it claimed 1,000 yuan for
Mr. Jia is a lawyer in Xi'an. "Due to work reasons, I often eat instant noodles. Among all instant noodles, I like the taste of 'Master Kong Laotan Pickled Vegetable Beef Noodles' the most. I have been eating it for many years and will store it at home from time to time."
htmlOn the morning of December 23, Mr. Jia told the Huashang Daily reporter that at around 7 pm on March 15, he spent 13.5 yuan to buy 5 packs of "Master Kong Laotan Pickled Vegetable Beef Noodles" at Yonghui Supermarket near his home for 13.5 yuan. It was already 8:27 at the time of checkout.
Half sauerkraut instant noodles purchased by Mr. Jia
"That night, I didn't follow CCTV's 3.15 Gala, nor did I eat the instant noodles I bought. On March 16, everyone was talking about the 'eared sauerkraut' exposed by CCTV. I quickly looked for the video and saw it. I felt disgusting at the time."
Mr. Jia said that due to work reasons, he did not have time to go to the supermarket to handle the refund on March 16. On the evening of March 17, he brought the 5 packs of instant noodles he bought on the evening of March 15 to the supermarket to negotiate a refund.
"After reading my purchase receipt, the supermarket staff said that it is possible to return the goods. I think this does not comply with the law, so I did not agree. Afterwards, the supermarket said that I could compensate me for 10 times of the loss, that is, I would compensate me for 135 yuan. I still did not agree. I hope that the supermarket will compensate me for 1,000 yuan in accordance with the relevant provisions of the Food Safety Law."
Lawyer Jia said that he had eaten "Master Kong Laotan Pickled Cabbage Instant Noodles" for many years and read CCTV reports, he really couldn't accept it emotionally. "In addition, after the incident, I was not satisfied with the apology method of 'Master Kong', so I decided to protect my rights according to law."
htmlOn the evening of December 17, under the coordination of the supermarket, Mr. Jia contacted Manager Liu, a manufacturer of "Master Kong". "Manager Liu said that in this case, they agreed to return the goods. As for compensation, they need to report to their superiors."
htmlOn the afternoon of December 21, Manager Liu of the Xi'an manufacturer "Master Kong" replied to Mr. Jia: After asking the leaders, the manufacturer can compensate Mr. Jia for 10 times the loss. Mr. Jia also did not accept it. "In the past few days, I am preparing materials and considering suing the supermarket and the manufacturer of 'Master Kong'."
When talking about why I was so serious, Mr. Jia said that he did not care about the compensation of 1,000 yuan. "I am a legal person, so I want to use legal means to help myself."
3.15 bought more than 20 packs of "problem instant noodles" before, and now sued "Master Kong" for 10,000 yuan in compensation was filed.
Mr. Wei is also a lawyer in Xi'an. At noon on March 23, Mr. Wei told the reporter of the Huashang Daily in detail about his prosecution of "Master Kang of Xi'an".
Mr. Wei said that he and his family both have a special liking for "Master Kong's old pot pickled cabbage beef noodles". "In recent years, there have been countless Master Kong's old pot pickled cabbage beef noodles that he and his family have eaten."
Mr. Wei has sued
"Tukeng sauerkraut" after being exposed by CCTV's 3.15 Gala, Mr. Wei found the unfinished "Master Kong Laotan sauerkraut beef noodles" from his home. There were 17 packs left in one box, with a production date of January 2022; there were 4 packs purchased in non-full boxes, with a production date of December 2021; and 1 pack was bought in February 2020 and has expired.
"I bought these instant noodles from a store near my home." Mr. Wei said that after seeing the production process of CCTV's "Tukang Sauerkraut", he and his family felt nauseous and nauseous. "The remaining instant noodles cannot be eaten, causing actual losses; after eating so much before, my family and I had a huge mental panic..."
Mr. Wei said that on the second day of CCTV's 3.15 Gala, Master Kong admitted in a relevant statement that the problematic sauerkraut exposed by CCTV was supplied to four cities including Xi'an and Wuhan, and he bought instant noodles in Xi'an. It can be presumed that Master Kong's old pot sauerkraut beef noodles used by him.In this case, he decided to protect his rights in accordance with the law and sue the manufacturer.
"After I found out that the instant noodles I purchased were 'problem instant noodles', I did not negotiate with the merchant or manufacturer to refund the matter, and directly sued the manufacturer ' Xi'an Dingyi Food Co., Ltd. ' to the People's Court of Xi'an Weiyang District."
Mr. Wei requested the court in the complaint and ordered the defendant to compensate him 10,000 yuan; the litigation costs in this case shall be borne by the defendant. When
filed the basis for applying for compensation of 10,000 yuan, Mr. Wei said that it is mainly because of the psychological harm and mental loss caused to people (purchasing "problem instant noodles"). It is really hard to say how much these injuries can be filled. "At present, compensation in the food field is relatively low. Whether it is 3 times the loss compensation or 10 times the compensation, the total compensation of less than 1,000 yuan is 1,000 yuan, which is not conducive to consumer rights protection. Applying for compensation of 10,000 yuan is calculated based on the average national income level in two months."
Xi'an Weiyang District People's Court accepted the lawsuit and filed a case
Mr. Wei introduced that on March 21, the Xi'an Weiyang District People's Court officially accepted his lawsuit and filed a case. "I hope that through this case, food production enterprises can do things seriously in the future and dare not easily overstep the line in terms of food safety production. I also hope that through this case, people's awareness of rights protection and promote a more sound rule of law." Mr. Wei emphasized that the significance of this case does not lie in whether they can win the case in the end or how much compensation they receive. The important thing is to make manufacturers respect the law through litigation and dare not easily overstep the line.
Relevant personnel of "Master Kong" in Xi'an: He is still in negotiation with Mr. Jia, and I don't know if he was sued by a lawyer
Is Mr. Jia's report true? On the afternoon of March 23, a reporter from Huashang Daily interviewed Mr. Jia’s Yonghui Supermarket where he bought instant noodles.
The supermarket’s relevant staff said that the situation Mr. Jia reported was true. In this incident, the supermarket was also a victim. "On the night CCTV exposed the 'tuo pit pickled cabbage', the supermarket removed all the 'problem instant noodles'. On the afternoon of March 17, during the negotiation with Mr. Jia, the supermarket agreed to compensate Mr. Jia for 10 times of the loss, but Mr. Jia disagreed and demanded a compensation of 1,000 yuan in accordance with the Food Safety Law. They believed that there was no basis and the negotiation between the two parties failed. Later, the supermarket contacted the manufacturer, and Mr. Jia communicated directly with the manufacturer and did not contact the supermarket again."
On the afternoon of the same day, relevant personnel from Xi'an Dingyi Food Co., Ltd. told the reporter of Huashang Daily that after receiving Mr. Jia's feedback, their initial opinion was to return and exchange the goods at the same time, but Mr. Jia disagreed. After application, the company agreed to compensate Mr. Jia for 10 times the loss, but Mr. Jia still disagreed. "We are still actively negotiating with Mr. Jia."
When Mr. Wei sued Xi'an Dingyi Food Co., Ltd., the person in charge said that he was not clear about the relevant situation.
Lawyer said: Claiming a thousand yuan is to protect your rights in accordance with the law. Food production enterprises should assume the food safety responsibilities they should bear.
How can consumers protect their rights in accordance with the law after purchasing the problematic product? What are the specific provisions of relevant laws on "one fake one to get three" and "one fake one to get ten"? If the supermarket and the manufacturer agree to 10 times the compensation, is there any suspicion of excessive rights protection for claiming 1,000 yuan? What are the positive social significance of a lawyer suing "Master Kang of Xi'an"? On the afternoon of March 23, a reporter from Huashang Daily interviewed lawyer Chen Jiangtao, a partner of Beijing Jingshi Law Firm, .
Chen Jiangtao introduced that when consumers find that the food they purchase does not meet food safety standards, they can directly ask the producer or operator for compensation and report it to the food and drug department. Producers and operators who receive consumer compensation requests shall implement the first responsibility system and make compensation first and shall not shirk responsibility; if producers and operators refuse to compensate, consumers have the right to sue the producer or operator, and consumers may choose to sue the producer or operator, or they may require producers and operators to jointly compensate.
Chen Jiangtao pointed out that Article 55 of the " Consumer Rights Protection Law" stipulates that if an operator commits fraudulent acts in providing goods or services, he shall increase the compensation for the losses suffered in accordance with the consumer's request, and the amount of compensation shall be three times the price of the consumer's purchase of goods or the cost of receiving services.
Article 148 of the Food Safety Law stipulates that if the production of food that does not meet the food safety standards or operates food that knows that it does not meet the food safety standards, consumers may not only ask for compensation for losses, but also pay ten times the price or three times the loss to the producer or operator; if the amount of additional compensation is less than one thousand yuan, it is one thousand yuan. "Therefore, it is legal for Lawyer Jia to ask the supermarket or manufacturer to compensate 1,000 yuan, and it is to protect his rights in accordance with the law."
When talking about whether Lawyer Wei suing Master Kang and claiming that there is a legal basis for compensation of 10,000 yuan, Chen Jiangtao said that judging from Lawyer Wei's complaint, Lawyer Wei did not clarify what the cost of 10,000 yuan he claimed was. If 10,000 yuan is determined as mental damage compensation , Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mind Torts and Mind Damage Compensation for Civil Torts " stipulates that if a natural person or his close relative filed a lawsuit with the people's court for compensation for mental damage compensation, the people's court shall accept it in accordance with the law. Article 5 of
stipulates that the amount of compensation for mental damage is determined based on the following factors: (1) the degree of fault of the infringer, except as otherwise provided by law; (2) the purpose, method, occasion and other specific circumstances of the infringement; (3) the consequences of the infringement; (4) the profit situation of the infringer; (5) the economic ability of the infringer to bear liability; (6) the average living standard in the place where the court accepts the litigation. "Whether Lawyer Wei's lawsuit request can be supported is related to whether his personal rights and mental infringement and the above factors." There is no conclusion at present whether the quality of sauerkraut is problematic. What impact does this have on the judgment of similar cases? During the court trial, will the product quality be assessed?
In this regard, Chen Jiangtao said that according to the statement of Master Kong Instant Noodle Investment (China) Co., Ltd., the old pot pickled vegetables used by Master Kong’s Xi’an factory were purchased from Hunan Chiqi Vegetable Industry Co., Ltd., and from the production process of old pot pickled vegetables exposed by CCTV, it does not meet the hygiene requirements of food production and should be a food that does not meet the food safety standards. Consumers should no longer provide evidence and appraisal of whether they meet the food safety standards. If Master Kong Instant Noodle Investment (China) Co., Ltd. believes that its food meets safety standards, it can provide evidence.
"Food safety issues are people's livelihood issues and everyone's problems. Xi'an lawyer sued Master Kong Xi'an Company, on the one hand, to safeguard his legitimate rights and interests, and on the other hand, to promote food safety through this method, which is worthy of recognition." Chen Jiangtao said that food production companies should shoulder their due food safety responsibilities!
Huashang Daily reporter Chen Youmou Editor Li Zhen
(If there is any revelation, please call the Huashang Daily hotline 29-88880000)
