Recently, Mr. Lin, Tianzhu County, Qiandongnan Prefecture, Guizhou, was asked by a buyer for "selling" his pickled pickled cabbage online for 9.9 yuan. The incident fermented online and caused heated discussions in society. On March 8, a reporter from Tianmu News found that Mr. Lin updated the content on his Douyin account and said that he had received a call from the relevant unit and the other party had withdrawn the lawsuit. Subsequently, the reporter called Mr. Lin, who also confirmed that the other party had withdrawn the lawsuit. Mr. Lin told reporters that 9.9 yuan is actually the express delivery fee, and no other fees are charged for pickled cabbage.
Image source: Douyin screenshot
"I want to be optimistic. I think this matter is also a good thing." Mr. Lin admitted that he would consider filling in the documents and selling special foods in his hometown in a regular manner.
9.9 yuan homemade handmade sauerkraut was actually claimed, thousands of yuan?
Recalling the whole incident, Mr. Lin told reporters that he is an ethnic Dong ethnic group, and his old father will kill pigs and make bacon during the New Year and the holidays. Mr. Lin would record it in a video and post it to the online platform. "After seeing it, netizens thought it was pretty good. They left a message saying that they wanted to buy some, so they sold some bacon from the beginning."
"Later, a netizen asked us what else is delicious in Guizhou, saying that our sauerkraut in Guizhou is famous. I asked if we were to cook sauerkraut at home, and I thought that sauerkraut was not worth a few dollars, and the packaging was difficult to pack. I said that if you want it, my father made a little by myself. If you want it, send a little by myself. You can just pay a 9.9 yuan express fee." Mr. Lin recalled the reason why he "selled" sauerkraut at that time, and said that he sent 9 couriers at that time. It has been nearly three months since "selling" sauerkraut.
Mr. Lin said that after receiving the sauerkraut, a netizen complained twice to the local market supervision bureau, believing that the sauerkraut that Mr. Lin “sold” was a "three-no" product and claimed a thousand yuan in compensation. "After I communicated with the other party, he said he would pay 1,000 yuan to cancel the complaint, and said that it would be fine if he was less than 50 or 100 yuan." Mr. Lin also admitted that the videos he sold on the online platform did not mark the production date, shelf life, etc., and he did not understand the relevant laws and regulations, but he could not overcome this hurdle in his heart. Mr. Lin believes that he may have encountered professional counterfeiters.
The reporter looked through Mr. Lin’s online account and found that Mr. Lin had indeed posted a video of his old father posting bacon at home. Under this video, many netizens did leave messages saying that they wanted to buy bacon. At present, Mr. Lin has removed the video links that are sold online.
Image source: Douyin screenshot
Lawyer: Bulk food does not belong to three-no products
Regarding Mr. Lin’s experience, the reporter contacted lawyer Fu Jian from Henan Yulong Law Firm. Lawyer Fu Jian said that "three-no" generally refers to no production date, no quality certificate (or production license) and no factory name. Supervision of the production and sales of three-no products has specific relevant provisions in the Food Safety Law, Product Quality Law, and Consumer Rights Protection Law.
Lawyer Fu Jian told reporters, "The sauerkraut that is hand-pickled by oneself is 'bulk food' rather than 'pre-packaged food'. When selling bulk food, there is no need to label it on the packaging." Lawyer Fu Jian specifically mentioned that a young man from Sichuan sold sausages before. The buyer believed that it was a three-no product and filed a complaint and filed a lawsuit in court for compensation. In the end, the court determined that such hand-made food was a bulk food, and did not require packaging for labeling and not a three-no product, and ultimately rejected the buyer's lawsuit.
Regarding Mr. Lin's claim that he might encounter "professional counterfeiters", lawyer Fu Jian explained that some "professional counterfeiters" are subjectively seeking personal gain rather than fighting counterfeiters. After purchasing the goods, they usually contact the merchant to request a private settlement, and at the same time offer high claims, and some even ask for money in threatening language such as "media exposure". "This behavior is not only a moral issue, but also violates relevant laws and regulations and is suspected of extortion. For professional counterfeiters, if sued to the court, the court generally does not support the punitive compensation they claim." said lawyer Fu Jian.
For real consumers, how should they protect their legitimate rights and interests when purchasing online food? Lawyer Fu Jian said that according to the Food Safety Law, if the production of food that does not meet the food safety standards or the operation of food that knows it does not meet the food safety standards, consumers can not only ask for compensation for losses, but also ask the producer or operator for compensation of ten times the price or three times the loss; if the amount of additional compensation is less than one thousand yuan, it is one thousand yuan. However, this does not apply to the existence of defects in food labels and instructions that do not affect food safety and will not cause misleading to consumers.
