In the first half of this year, the Jiangsu Provincial Administration for Market Regulation, in accordance with the work deployment of the State Administration for Market Regulation, carried out in-depth "Iron Fist" operations to investigate and handle cases in the field of people's livelihood. Taking case investigation as the starting point, it used iron fist and handled iron cases to effectively solve people's livelihood demands and respond to social concerns. , investigated and dealt with a number of major and deterrent cases, and achieved remarkable results. In order to further expand the influence of Operation "Iron Fist" and truly play its role in deterring lawbreakers and warning operators, the first batch of typical cases with greater impact are now announced.
Case 1
The case of Zou Moumou and others producing and selling toxic and harmful food
Case Introduction
On January 6, 2021, the Xuyi County Market Supervision Bureau received reports from the masses, reporting that after taking a weight loss product, they developed obvious symptoms such as increased heart rate, dizziness, dry mouth , and anorexia. The product was sold in Xuyi County Orchard resettlement community. After analyzing the clues to the source of the case, the Xuyi County Market Supervision Bureau requested the county public security department to intervene in advance and set up a joint investigation team to conduct on-site inspections of the locations involved overnight.
Law enforcement officers found a large number of Meiso Xianxiu pressed candies, pink pill-shaped tablets and food packaging boxes in the private house rented by the party. The party was unable to provide the legal source of the above items. Law enforcement officers immediately joined forces with public security officers to control the scene, count the number of items involved, and take administrative enforcement measures against the items involved. After inspection, sibutramine was found in the items involved, and the parties involved also admitted that they knew that the products they sold contained sibutramine, an ingredient expressly prohibited by the state, and still sold them for profit. On January 7, 2021, the Xuyi County Market Supervision Bureau transferred the case to the public security department in accordance with the law, and the Xuyi County Public Security Bureau approved the case on the same day.
After investigation, at the end of 2019, the person involved, Zou Moumou, began to sell weight loss products on WeChat Moments, Weidian, and Taobao platforms. The source of the products sold is that the parties purchased capsules containing sibutramine and other raw materials from WeChat friends, and purchased the outer packaging materials and coding machine from the Taobao platform, and then packaged them into complete weight loss products themselves. Even though the parties involved knew that the products they sold contained the ingredient sibutramine, which is prohibited by the state, they still posted advertisements for weight loss products on WeChat Moments, Weidian, and Taobao platforms and sold these weight loss products for the purpose of profit. After further investigation into the source and flow of the products involved, the person involved, Zou, purchased weight-loss capsules containing sibutramine from criminal suspects Shen, Zhu, Zhang and others in Zhengzhou, Henan, and then packaged them into After several brands, the general The products were sold through the Internet to downline Jin, Huang, Zheng, Feng, Liu, Gu and others for profit. The sales amount reached more than 5 million yuan. The sales area of the products involved involved Henan, Hunan, and Guangxi. , Zhejiang and many other places.
Currently, 13 suspects including Zou Moumou have been subject to criminal compulsory measures by the public security organs, and the case has been transferred to the Xuyi County Procuratorate for review and prosecution.
Typical significance
Sibutramine reduces appetite by inhibiting central nervous system , and increases the risk of cardiovascular and cerebrovascular diseases . Therefore, many countries and regions have gradually stopped using it. At present, the production, sale and use of sibutramine is expressly prohibited in my country. It is one of the illegal additives that are focused on cracking down. It is commonly found in substitute teas, tablet candies, solid drinks and other products that claim to "lose weight, slim down and detoxify". If consumers experience symptoms such as loss of appetite, insomnia, thirst, and constipation after consuming such products, they should be highly vigilant and report complaints through 12315. This case involves a large amount of money and a wide scope. It is a typical case of cross-regional production and sale of toxic and harmful food.
Case 2
The case of Wang and Huang operating uninspected and quarantined frozen products
Case Brief
At the end of 2020, the Wuxi Municipal Market Supervision Bureau was organizing a law enforcement inspection of imported cold chain foods at a hotel in its jurisdiction and found a box with all English labels The Polish produces frozen goosefoot. After investigation, it was found that the Polish producer of the box of goosefoot was not included in the "Registration List of Overseas Imported Meat Production Enterprises" and was determined to be an imported cold chain food without legal origin.Law enforcement officers carried out clue tracing and investigation by asking for certificates and tickets. On January 12, 2021, they conducted a surprise inspection of a cold storage in Dongbeitang Town, Xishan District, Wuxi City. They found in the cold storage room rented by Wang that they had no legal origin and had not been inspected. Quarantine duck wings, duck paws, goose wings, goose paws, etc. 1,279 boxes of imported cold chain food, with a total weight of 19.045 tons; on January 20, a raid was conducted on a cold storage in Yanqiao Town, Huishan District, Wuxi City, and 13,592 boxes and 169.19 tons of Huang's operating inventory were seized, which had no legal origin and were uninspected. Quarantine imported cold chain food.
After investigation, from March to December 2020, Wang and Huang purchased a total of 191.765 tons of imported cold chain food involved without customs declaration procedures and entry inspection and quarantine certificates from Guangdong residents Lin and Lai. The value of the goods was 1.81868 million yuan. As of the incident, 3.53 tons had been sold, making an illegal profit of 61.76 million yuan. In June 2021, the Wuxi Market Supervision Bureau imposed an administrative penalty of confiscating 3.6562 million yuan and confiscating 188.235 tons of frozen products involved in the case of Wang and Huang for operating imported frozen products without inspection and quarantine.
Typical meaning
Food safety is related to the life, health and safety of the people. The market supervision department, in accordance with the "four strictest" requirements, must handle any complaints, crack down on false accusations, and investigate all cases to severely crack down on food safety violations and crimes. In this case, the illegal behavior of Wang and Huang constituted the illegal fact of dealing in meat that was not quarantined in accordance with regulations, and violated Article 34 (8) of the Food Safety Law of the People's Republic of China and " The provisions of Item (6) of Article 25 of the Measures for the Supervision and Administration of Quality and Safety in the Market Sales of Edible Agricultural Products. Through a detailed analysis of the English label information on a box of imported frozen products in the cold storage of restaurants and hotels in the jurisdiction, law enforcement officers started with Alipay transfer records, WeChat Moments information, logistics and transportation documents and other details to comprehensively identify the source of the channel and dig into the source of the case. According to clues, cold chain food imported from illegal sources has been continuously detected in terminal consumption, market sales, supply sources, warehousing and transportation links to prevent the risk of flowing into the market and ensure the safety on the tip of the people's tongue.
Case Three
A case of selling children’s toys without compulsory certification at the Tongjiang Middle Road branch of a foreign-funded department store company in Jiangsu Case summary
Case brief
At the end of 2020, based on a report, the Market Supervision Bureau of Changzhou High-tech Zone launched a sales investigation at the Tongjiang Middle Road branch of a foreign-funded department store company in Jiangsu. Conducted an investigation into the compulsory product certification of children’s toy “flying saucer gun”. After investigation, the parties purchased a total of 48 flying saucer guns with the model number LLB-8499 and the manufacturer Haohan Toy Factory in Chenghai District, Shantou City in July 2019. The product’s China National Compulsory Product Certification Certificate Number: 2019152205027864, the first time The date of issuance of the certificate is October 17, 2019, and it is an act of selling uncertified products listed in the catalog. In October 2020, the party sold 12 children's toy flying saucer guns with the model number LLB-8499 and the manufacturer was Yaxin Toy Factory, Chenghai District, Shantou City. The product's China National Compulsory Product Certification Certificate No.: 2014012205673346, date of revocation: June 2019 On March 26, it was an act of selling products whose compulsory product certification certificate was revoked.
According to Article 49 of the "Compulsory Product Certification Management Regulations", "If the products listed in the catalog are not certified and are shipped, sold, imported or used in other business activities without authorization, they shall be subject to Article 67 of the Certification and Accreditation Regulations. shall be punished”, Article 51 “violates the provisions of paragraph 2 of Article 29 of these Regulations” "During the period of cancellation, revocation or suspension of the certification certificate, if products that do not meet the certification requirements continue to be manufactured, sold, imported or used in other business activities, they will be punished in accordance with Article 67 of the Certification and Accreditation Regulations." The law enforcement department shall impose penalties on the parties concerned. An administrative penalty of confiscating illegal gains of 352.80 yuan and a fine of 150,000 yuan was imposed.
Typical meaning
Toys that have not obtained the CCC certification mark are children's health and safety minefields.Changzhou High-tech Zone Bureau's strict investigation and handling of the case has shocked industry operators through education and further encouraged operators in the jurisdiction to enhance their awareness of protecting children's health and safety, carefully fulfill their purchase inspection obligations, and check whether children's toys purchased for sale are included in the mandatory list. Product certification catalog, check whether the children's toys in the catalog have the CCC certification mark, and pay attention to whether the certification certificate has been revoked in a timely manner to prevent violations of laws and regulations.
Case 4
Nanjing Xia’s false promotion case of selling health food
Case Brief
On December 27 and 28, 2020, the Banqiao Branch of the Nanjing Yuhuatai District Market Supervision Bureau received multiple reports of suspected false promotion of health food sold by Xia. of complaints. After investigation, it was found that the front door of the party's store was the Corps Dadi. The banner in the business premises had the words "Welcome to the Patterns, military images, national flag patterns, introduction to the history of the Corps, etc. The ppt used by the parties to play to consumers used the name of the Xinjiang Construction Corps, and also used the names and images of "Foreign Minister Wang Yi" and others.
When selling Snow Lotus Compound Peptide, the parties claimed to consumers that the product "can both help improve immunity and improve underlying diseases." The product was identified as a solid drink and an ordinary food; when selling Ganoderma lucidum spore oil, the party Consumers claimed that this product is a "cardio-cerebrovascular lucky star", "savior of heart disease", "anti-cancer king", etc. The product has been identified as a health food.
The parties involved violated the " Advertising Law of the People's Republic of China" Article 9, Paragraph 1 (1), (2) and (7) by using the national flag pattern, the name of the Xinjiang Construction Corps, the name and image of Foreign Minister Wang Yi, and the party emblem. ) provisions. When the parties sold Snow Lotus Complex Peptide and Ganoderma Spore Oil, they claimed to consumers that the content involved the treatment of various diseases, but in fact they were ordinary food and health food. The parties concerned made false commercial promotions for the food they dealt in, which violated the provisions of Article 8, Paragraph 1, of the Anti-Unfair Competition Law of the People's Republic of China.
According to the provisions of Article 57, Paragraph 1, Item (1) of the Advertising Law of the People's Republic of China and Article 27, Paragraph 1, Item (1) of the Administrative Punishment Law of the People's Republic of China , the board The Qiao Branch accused the party of using the national flag of the People's Republic of China , the name of a state agency, and the staff of a state agency in the advertisement. The following penalties will be imposed for the behavior of using the name, image, or party emblem: 1. Ordered to stop publishing advertisements; 2. Fined 20,000 yuan; According to Article 20, Paragraph 1, of the Anti-Unfair Competition Law and the Administrative Punishment Law of the People's Republic of China According to the provisions of Item (1) of Paragraph 1 of Article 27, the following penalties will be imposed on the parties who conduct false commercial propaganda: 1. Order to stop the illegal behavior; 2. Fine 30,000 yuan. A total fine of 50,000 yuan was imposed.
Typical meaning
A case of false advertising of health food for the elderly, which has a great social impact and attracts high attention from the media and the public. In conjunction with the "I do practical things for the masses" practical activity, the Banqiao Branch of the Yuhuatai District Market Supervision Bureau teamed up with communities and communities to carry out extensive publicity in key communities, and reported the case through China Market Supervision News, Jiangsu Satellite TV, Nanjing Daily and other media , try to maximize social effects, and strive to create a safe and secure consumption environment for the elderly.
Case Five
Suzhou A real estate company used misleading price methods to lure consumers into transactions case
Brief introduction to the case
End of 2020 According to the reporting clues, law enforcement officers from the Suzhou Xiangcheng District Market Supervision Bureau inspected the sales office of a real estate company in Suzhou and found that the party concerned induced consumers to use the WeChat mini program "Hengfangtong" to subscribe for housing and browse online List house prices and promote multiple discounts to consumers. Discounts fluctuate in different time periods, and discount methods are different for different customers.The party marked the selling price of commercial housing (the base price for calculating discounts) on the WeChat mini program "Hengfangtong" as being higher than its registered price. Through discount sales, the final actual transaction price was equal to or lower than the registered price. After further investigation, the parties and relevant home buyers confirmed that a total of 34 commercial houses sold by the parties involved the above-mentioned unfair pricing practices.
The parties conducted discounted sales at a base price higher than the registered price, and used misleading price methods to lure consumers into transactions with them, which constituted unfair pricing behavior in Item 4 of Article 14 of the " Price Law of the People's Republic of China " . In accordance with the provisions of Article 40, Paragraph 1, of the Price Law of the People's Republic of China and Articles 7 and 18 of the Provisions on Administrative Penalties for Price Violations, the Xiangcheng District Market Supervision Bureau issued a warning and fined the parties 350,000 yuan. administrative penalties.
Typical meaning
Commercial housing sales are a major livelihood event closely related to people's lives. Real estate developers take advantage of buyers' pursuit of greater discounts and promote sales through unfair price means to quickly withdraw funds, which is typical in the field of real estate sales. The investigation and handling of this case has played a positive role in regulating real estate sales prices, safeguarding the legitimate rights and interests of home buyers, and creating a harmonious and stable real estate market price order.
Case Six
Jingjiang City A mold manufacturing Co., Ltd.’s production and sales infringement of the exclusive right to register a trademark
Brief introduction to the case
On April 27, 2021, according to the clues transferred by the public security department, the Jingjiang City Market Supervision Bureau launched a case against a Jingjiang City Mold Manufacturing Co., Ltd. Suspected production and sales infringement of the exclusive rights of the "BOSE" registered trademark will be investigated.
After investigation, the parties involved produced and sold audio brackets from 2016 to August 2019, and sold them to Dai Mouping. Among them, 658 WB-3 brackets were produced, priced at 30 yuan each, totaling 19,740 yuan; 754 UB-20 brackets, priced at 25 yuan each, totaling 18,850 yuan; and UTS-20 benches. 90 pieces, priced at RMB 45 each, totaling RMB 4,050; 71 brackets of model WB-120, priced at RMB 21.8 each, totaling RMB 1,547.8. The total amount of the above brackets is 44,187.8 yuan. After the production of these four types of audio stands was completed, the parties attached installation instructions and packaging and sold them to Dai Mouping. The installation instructions in the packaging were marked with the "BOSE" logo. The behavior of the parties concerned is suspected of infringing the exclusive right of the "BOSE" registered trademark of BOSE CORPORATION.
The party's production and sales infringement of the exclusive rights of registered trademarks constitute the provisions of Article 57 (1) and (3) of the " Trademark Law of the People's Republic of China ". In accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China, the law enforcement department fined the party 66,000 yuan.
Typical meaning
In recent years, the Jingjiang Municipal Market Supervision Bureau has investigated and dealt with a number of cases of infringement of other people's intellectual property rights, focusing on food safety and intellectual property protection. The successful investigation and handling of this case has greatly deterred illegal criminals and standardized the order of the intellectual property market.
Case 7
A trading company in Taizhou City sold hot-rolled ribbed steel bars that were passed off as qualified products as substandard products
Brief introduction to the case
After the CCTV "3·15" party in 2021 exposed the illegal behavior of "slimming" steel bars, the Taizhou Municipal Market Supervision Bureau and the Taizhou Municipal Housing and Urban-Rural Development Bureau launched special law enforcement on major projects, real estate, and municipal infrastructure under construction in the city examine. After sampling inspection, a batch of hot-rolled ribbed steel bars produced by Jiangxi Pinggang Industrial Co., Ltd. for a real estate project in Taizhou Pharmaceutical High-tech Zone were found to be unqualified.
After on-site inspection, 7 pieces of unqualified HRB400 φ6mm hot-rolled ribbed steel bars, totaling 13.552 tons, were sold at 5,240 yuan per ton, with a value of 71,012.48 yuan; HRB400E There are 6 pieces of φ10mm hot-rolled ribbed steel bars, totaling 12.18 tons, priced at 4,970 yuan per ton, with a value of 60,534.6 yuan. The above hot-rolled ribbed steel bars total 13 pieces, with a total value of 131,547.08 yuan. Taizhou Pharmaceutical High-tech Zone Bureau took compulsory measures to seal up the unused hot-rolled ribbed steel bars on the spot to prevent the continued use of substandard products, and served the parties concerned with a notification of the inspection results.According to the party's re-inspection requirements, the bureau sampled the above two batches of steel bars, and after testing by the Jiangsu Provincial Product Quality Supervision and Inspection Institute, it came to the conclusion that the re-inspection was still unqualified. The Pharmaceutical High-tech Zone Bureau took compulsory measures to seize the above-mentioned hot-rolled ribbed steel bars sold by the parties.
The party's behavior of selling hot-rolled ribbed steel bars that were substandard products and passed them off as qualified products violated Article 39 of the Product Quality Law of the People's Republic of China. According to Article 50 of the "Product Quality Law of the People's Republic of China", the law enforcement authorities imposed the following penalties: 1. Confiscated 7 pieces of HRB400 φ6mm hot-rolled ribbed steel bars and HRB400E φ10mm hot-rolled ribbed steel bars that were passed off as qualified products as substandard products. 6 pieces of steel bars; 2. Fine of 200,000 yuan.
Typical meaning
Hot-rolled ribbed steel bars, commonly known as rebar , are widely used in the construction of houses, bridges, roads and other civil engineering projects. They are related to people's livelihood and safety, and are products subject to key supervision. The market supervision department has always maintained a high-pressure crackdown on counterfeit steel bars such as "slimming" steel bars, "water-penetrating" steel bars, unlicensed steel bars, etc., and resolutely maintained the bottom line for the people to live with peace of mind.
Case 8
A Nantong trading company was suspected of using health food and ordinary food to falsely promote fraud
Brief introduction to the case
In April 2021, the Market Supervision Bureau of Chongchuan District, Nantong City received reports from the public one after another, claiming that a trading company in Nantong was involved in fraud. In its business activities, it is claimed that the two products "Antai Capsules" and "Today's Hydrogen Coral Algae" have the effect of treating diseases such as cancer and diabetes.
After investigation, the parties involved distributed leaflets, gave gifts, and held so-called physical examination services and health lectures in multiple places to attract elderly groups to come for consultation, and carried out "seeking crises, giving hope, and seeing curative effects" to the elderly groups. Triple deception-style "brainwashing". The "Antai Capsules" it sells are actually ordinary health food, with a purchase price of 79 yuan per bottle and a selling price of 395 yuan; "Today's Hydrogen Coral Algae" is actually an imported ordinary food, with a purchase price of 168 yuan per box and a selling price of 560 yuan. From the end of 2013 to the present, the number of victims in Nantong has reached more than 900, and the amount involved has exceeded 40 million yuan. At the end of June, the criminal suspect Wu Moufei and 31 other people were subject to criminal coercive measures by the Chongchuan police in accordance with the law on suspicion of fraud, and the case is under further review.
Typical meaning
In view of the problems existing in the health food industry such as false propaganda, exaggerated efficacy, and misleading consumers, the Nantong Municipal Market Supervision Bureau strives to promote social co-governance and mobilize industry associations, consumer associations, supervisors, information personnel and communities The public actively participates in the rectification of the health care market, using various methods to promote health science popularization activities for the masses, and comprehensively improve consumers' ability to detect counterfeiting, prevent fraud, and safeguard consumer rights. The handling of this case reflects the transformation of health food from normal supervision to a precise crackdown on illegal activities in terms of false propaganda, illegal additions, quality and other aspects, and has a good effect of investigating and punishing one case and deterring others.
Case 9
Yangzhou A real estate company infringed on consumers’ personal information protection rights and published illegal advertisements
Brief introduction to the case
On March 15, 2021, the Market Supervision Bureau of Jiangdu District, Yangzhou City, based on reports, set a case against a Yangzhou real estate company. Outdoor LED electronic display screen for inspection After investigation, it was found that the display screen was playing a video advertisement for a certain Ronghua real estate. The advertisement included "1.5 million square meters of Yangzhou's largest market ", "putting people on top of the world's trends without leaving home", "internationally famous brand elevator - Otis, Global "The first choice brand for landmark buildings", "Excellent location, excellent views, excellent products", "Ronghua" - the best in architectural design and other absolute terms, as well as "the project is 5 minutes' drive to the high-speed rail station" and "30 minutes to the airport" , "20 minutes to Yangzhou Old Town" and other terms.This behavior violates Article 9, Item (3) of the Advertising Law of the People's Republic of China, which states that "advertisements shall not have the following circumstances: (3) Use terms such as "national", "superlative" and "best";" and Article 26, Item (2) “In real estate advertisements, house information must be true, and the area shall be expressed as building area or built-in area, and shall not contain the following content: (2) Using the project to reach a specific reference object The required time indicates the location of the project;" constitutes an advertising violation.
html On March 17, according to a notice from a superior authority, law enforcement officers inspected the marketing center of a certain Wenchang Mansion owned by the party concerned and found that a Hikvision camera equipment system that could be used for facial recognition was installed, and facial image capture was performed without permission. . After investigation, a real estate company in Yangzhou purchased a Hikvision system with face capture function from the group company, and installed it in 4 places including the entrance of the sales office lobby and the sofa area on the south side in November 20205 Interview with Taiwan’s Hikvision network camera with face capture function Face images are captured by customers, and the relevant data is stored on the Mingyuan Yunke platform. There is no prompt at the sales office, and without the consent of the visitors (including consumers), it is used to identify visitors (including consumers) who enter the sales office for the first time. Whether they are natural visitors, old customers bringing new customers, or introductions from real estate agents. Since the system was installed, a total of 9,381 pieces of face data of different visitors (including consumers) have been captured.According to the relevant provisions of " Information Security Technology Personal Information Security Specification ", facial recognition features belong to personal biometric information. According to Article 1034 of the Civil Code : Personal information is a variety of information recorded electronically or by other means that can identify a specific natural person alone or in combination with other information, including the natural person's name, date of birth, identity ID number, biometric information, address, phone number, email address, health information, whereabouts information, etc. Privacy is a natural person's private life and peace, and the private space, private activities, and private information that he does not want others to know. For private information in personal information, the provisions on privacy rights shall apply; if there are no provisions, the provisions on the protection of personal information shall apply (personal information includes biometric information). The behavior of the parties concerned violated Article 11, Paragraph 1, Item (1) of the " Punishment Measures for Infringement of Consumer Rights and Interests " "Operators shall follow the principles of legality, legitimacy and necessity when collecting and using consumers' personal information, and shall expressly state The purpose, method and scope of collecting and using information, and with the consent of consumers. Operators shall not engage in the following behaviors: (1) Collect and use consumers' personal information without consumers' consent;" and the " Consumer Rights Protection Law" 》Article 29, Paragraph 1" Operators must follow the principles of legality, legitimacy, and necessity when collecting and using consumers' personal information, clearly state the purpose, method, and scope of collecting and using information, and must disclose consumers' personal information with the consent of consumers. Its collection and use rules shall not violate the provisions of laws, regulations and the agreement between the two parties to collect and use information, which constitutes an illegal act that infringes on the right of consumers to have their personal information protected in accordance with the law.
Jiangdu District Market Supervision Bureau ordered the parties concerned to stop publishing illegal advertisements in accordance with Article 57 of the Advertising Law of the People's Republic of China and decided to impose an administrative penalty of 200,000 yuan; in accordance with Article 56 of the Consumer Rights Protection Law According to the regulations, the parties were ordered to stop illegal activities and decided to impose an administrative penalty of 350,000 yuan, with a total fine of 550,000 yuan.
Typical meaning
Taking this case as a guide, the Jiangdu District Market Supervision Bureau launched a special rectification campaign on real estate and investigated and dealt with illegal advertising activities of 11 real estate companies, severely cracking down on the industry chaos caused by illegal marketing by real estate developers. In addition, this year’s CCTV 3.15 Party exposed the collection and use of consumers’ personal information without their consent. The investigation and handling of this case has served as a warning to businesses in safeguarding consumer information protection, and has effectively promoted the improvement of social awareness of personal information protection.
Case 10
Yancheng The case of a certain food company selling braised eggs that infringed on the exclusive rights of others to trademark
Brief introduction to the case
On March 29, 2021, the Yancheng City Market Supervision Bureau received a report from Zhejiang Hefeng Food Co., Ltd., reflecting that a certain Yancheng food company had Taobao, Pinduoduo and other platforms sell braised eggs that infringe on their exclusive rights to the registered trademark "Xiang Ba Lao".
Yancheng Bureau immediately fixed the platform sales evidence through the evidence storage cloud software, and organized a surprise inspection of the parties' offices and warehouses. On-site inspection found 99,665 braised eggs labeled with the picture "Xu Xiansen" and 123,310 braised eggs labeled with the picture "Jingye". Law enforcement officers seized the batch of braised eggs and organized quality inspections on 7 batches based on different production dates. All the inspected items met the requirements of GB2762-2017 and SB/T10369-2012 standards and were qualified products. After investigation, Zhejiang Hefeng Food Co., Ltd. registered the trademarks "hillbilly" and "hillbilly" in 2004 and 2017 respectively, and the approved use items included eggs and eggs. From October 2020 to April 2021, the parties entrusted Lianyungang Daxiqing Food Co., Ltd. and Lianyungang Ganyu District Jinshan Town Ruiyang Food Factory to produce "Xu Xiansen" braised eggs and labeled pictures respectively. The "Jingye" braised eggs in the picture were later sold through 6 online stores on Taobao and Pinduoduo platforms for a total of 12,192 times, with a sales amount of 338,207.09 yuan. The value of the seized braised eggs was determined to be 94,646.15 yuan by the Price Certification Center.
On June 22, 2021, the Yancheng Bureau ordered the infringement to cease in accordance with the provisions of Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China and Article 27, Paragraph 1 of the Administrative Punishment Law of the People's Republic of China, and An administrative penalty of confiscating the country braised eggs labeled "Xu Xiansen" and spiced eggs labeled "Jingye" was imposed, and a fine of RMB 150,000 was imposed.
Typical meaning
In this case, the party marked his registered trademarks "Xu Xiansen" and "Jingye" on the goods, and argued that "hillbilly" is the local code for braised cooked food in Cangnan, Zhejiang. However, the investigators believed that the party was not braised eggs. The packaging is bulging Using the words "country bumpkin" or "country bar guy" that are the same as or similar to others' registered trademarks and the same pronunciation of "xiangbalao" in pinyin, whether intentionally or negligently, will cause consumers to misunderstand the source of the goods or the relationship with the registered trademark owner. recognition, thereby damaging the legitimate rights and interests of the trademark registrant and constituting trademark infringement. During the case investigation process, law enforcement officers investigated both trademark infringement and food quality to ensure that the case investigation was comprehensive and qualitative, effectively safeguarding the legitimate rights and interests of registered trademark holders.
Case 11
A Xuzhou Traditional Chinese Medicine Hospital Co., Ltd. issued illegal advertisements
Case Brief
On January 18, 2021, Xuzhou City Yunlong District Market Supervision Bureau received reports from the public, reflecting that a Xuzhou Traditional Chinese Medicine Hospital Co., Ltd. was suspected of false propaganda.
After investigation, the party concerned printed a promotional brochure called "Hemorrhoid Treatment" and placed it on a promotional display stand in the hospital lobby to promote the Antai's unique treatment technology. The client claimed in the brochure that the "PPH minimally invasive surgery" used by his hospital is "currently the most advanced and ideal hemorrhoid surgical treatment method in the world" and that the "American COOK hemorrhoid gun technology" is "currently the most efficient ligation method in the world." technology" and cannot provide factual basis. The behavior of the parties involved in
violated the provisions of Article 9, Item (3) of the Advertising Law of the People's Republic of China on "the use of terms such as "national level", "superior" and "best", and constituted the publication of illegal advertisements using absolute terms. In accordance with the provisions of Article 57 of the Advertising Law of the People's Republic of China, the Yunlong District Market Supervision Bureau ordered the party concerned to stop publishing illegal advertisements and imposed an administrative penalty of 40,000 yuan.
Typical meaning
Due to the professionalism and particularity of medical technology and medical terminology, as well as patients' eager desire for better treatment, false medical technology advertisements are more deceptive and misleading. The case-handling agency conscientiously implements the relevant deployment requirements of the State Administration for Market Regulation’s “Operation Iron Fist” for investigating and handling cases in the field of people’s livelihood and the Provincial Administration for Market Regulation’s “two anti-virus and two guarantees” arrangements, and strengthens law enforcement and supervision over illegal advertising in the food and medical fields.The investigation and handling of this case will play a positive role in standardizing the content of medical technology advertising, promoting standardized and orderly competition in the medical industry, and effectively safeguarding the health rights and interests of the people.
Case 12
Wuxi The case of a motorcycle company producing unqualified electric vehicles
Brief description of the case
During the law enforcement inspection, the Wuxi Market Supervision Bureau found that a motorcycle in Wuxi had Co., Ltd.'s two "electric bicycles" marked with its own factory name have no pedal riding function and are obviously oversized; one is marked with the factory name of a certified enterprise in Guangdong, and seven are marked with the factory name of a certified enterprise in Tibet. mopeds and are suspected of not producing electric bicycles in accordance with national standards, are not qualified to produce electric mopeds, and are suspected of illegally purchasing (or borrowing) licenses. Law enforcement officers seized the above-mentioned products and after testing, they were determined to be incompatible with national mandatory standards.
During the law enforcement investigation, law enforcement officers discovered that the above-mentioned seized vehicles had been partially transferred. After counting, 144 electric bicycles and 788 electric mopeds were transferred. Law enforcement officers immediately conducted off-site seizures. After price appraisal, the total value of all 1,278 electric vehicles involved in the case was 1.3389 million yuan, and the value of the 932 transferred electric vehicles was 894,600 yuan.
The party's behavior of producing substandard products and passing them off as qualified products violated the provisions of Article 32 of the "Product Quality Law of the People's Republic of China". The Wuxi Municipal Bureau made a decision in accordance with the provisions of Article 50 of the "Product Quality Law of the People's Republic of China". Confiscated 14 illegally produced electric bicycles and 432 electric two-wheeled motorcycles, and fined 2.6779 million yuan An administrative penalty of RMB 10,000 was imposed; the parties involved transferred the seized electric bicycles and electric two-wheeled motorcycles without authorization, which constituted the illegal fact of transferring the items seized by the market supervision department and violated the provisions of Article 63 of the "Product Quality Law of the People's Republic of China". Wuxi City In accordance with the provisions of Article 63 of the Product Quality Law of the People's Republic of China, the Bureau imposed an administrative penalty of RMB 1.7891 million. The total fines above are 4.467 million yuan.
Typical meaning
Our country is a big country of electric bicycles, and our province is a major producer of electric bicycles. The quality and safety of electric bicycles is related to the travel safety of millions of people. Since the country promulgated the new national standard for electric bicycles, some manufacturers and sellers are still taking chances and have engaged in illegal activities such as producing and selling overweight and oversized electric bicycles, tampering with the motor control system without authorization, and installing additional batteries. As an area where electric bicycles are produced, Wuxi Market Supervision Bureau took the initiative to investigate the status of enterprises and industries in the area, carried out law enforcement inspections, and investigated a total of 9 major illegal cases of electric bicycles, which reflects that the market supervision department always puts the safety of the people first and actively acts. Firm determination to maintain market operating order.
Xinhua Daily·Junction Point Reporter Xu Haiyan Hong Ye
Photo source: Visual China
Produced by Xinhua Daily Omnimedia Economic News Department
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