Beijings first prosecutor filed an apology for filing a consumer public interest lawsuit

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 Beijings first prosecutor filed an apology for filing a consumer public interest lawsuit


Since April 2015, Luomou and Lumou couples have sold balsam pear clear fat series, classic body-loss health products and Shennong Fenggucao health products through Taobao stores. Some consumers began eating stomach and anorexia after eating health care products. In June 2017, the court heard that Luomou was convicted of the crime of selling toxic and harmful food and sentenced to three yearsimprisonment and a fine of 300,000 yuan; Lu was convicted of the crime of selling toxic and harmful food and sentenced to two years imprisonment and two yearsprobation with a fine of 10,000 yuan, forbidding him to engage in food production and sale during the probation period. And related activities.

But the criminal decision does not mean the end of the penalty for the sale of two people by Luo and Lu. The Beijing Quarter Inspection issued procuratorial suggestions to the Beijing Consumer Association, suggesting that the association should institute civil public interest litigation against Luomou and Lumou for selling toxic and harmful food to harm the public interest. The Beijing Consumer Association did not bring a lawsuit within the legal time limit. After that, the Beijing Quarter Inspection instituted a consumer public interest lawsuit in the Fourth Intermediate Court.

According to the quarterly inspection, Luo Mou and Lu Mous balsam pear fat-clearing series, classical body-slimming health products and Shennong Fenggucao health products sold on Taobao website contain toxic and harmful substances such as phenolphthalein and diclofenac sodium, which are prohibited by the state from being added to food. Long-term or excessive use will cause harm to human health and violate Food. The relevant provisions of the Safety Law infringe upon the legitimate rights and interests of many consumers and the public interests of society. The Peoples Court is requested to order the defendant to stop selling poisonous and harmful food involved in the case according to law, apologize publicly in the nationwide publicly issued media, and publish the name, time of sale and purchases of health products including those sold. In order to eliminate the danger, Baos shop name and the facts such as poisonous, harmful ingredients and harmfulness contained in the products remind consumers of the hazards existing in the products. After trial, the court held that Luomous and Lumous acts were illegal, and there were damages to the rights and interests of non-specific consumers, and there was a causal relationship between the violations and damages. Luomous and Lumous acts conformed to the constitutive requirements of product liability infringement and should bear tort liability. In light of the trial of the case, the Beijing Fourth Intermediate Court decided that the second defendant stopped selling toxic and harmful food involved in the case and apologized publicly to the society in a nationwide publicly released media; the contents, media, layout and font of the apology should be published within 60 days after the courts approval; and the publication fee should be borne by the defendant. After the sentencing, both the prosecutor and the defendant in the public interest litigation expressed obedience to the courts decision and did not appeal. Source: Beiqing net Beijing Youth Daily Author: Li Tiezhu editor in charge: Ji Ke _b6492

According to the quarterly inspection, Luo Mou and Lu Mous balsam pear fat-clearing series, classical body-slimming health products and Shennong Fenggucao health products sold on Taobao website contain toxic and harmful substances such as phenolphthalein and diclofenac sodium, which are prohibited by the state from being added to food. Long-term or excessive use will cause harm to human health and violate Food. The relevant provisions of the Safety Law infringe upon the legitimate rights and interests of many consumers and the public interests of society. The Peoples Court is requested to order the defendant to stop selling poisonous and harmful food involved in the case according to law, apologize publicly in the nationwide publicly issued media, and publish the name, time of sale and purchases of health products including those sold. In order to eliminate the danger, Baos shop name and the facts such as poisonous, harmful ingredients and harmfulness contained in the products remind consumers of the hazards existing in the products.

After trial, the court held that Luomous and Lumous acts were illegal, and there were damages to the rights and interests of non-specific consumers, and there was a causal relationship between the violations and damages. Luomous and Lumous acts conformed to the constitutive requirements of product liability infringement and should bear tort liability.

In light of the trial of the case, the Beijing Fourth Intermediate Court decided that the second defendant stopped selling toxic and harmful food involved in the case and apologized publicly to the society in a nationwide publicly released media; the contents, media, layout and font of the apology should be published within 60 days after the courts approval; and the publication fee should be borne by the defendant. After the sentencing, both the prosecutor and the defendant in the public interest litigation expressed obedience to the courts decision and did not appeal.