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SPC Releases Typical Cases of Punitive Damages for Food Safety

Tue, 26 Mar 2024
Categories: China Legal Trends

On 30 Nov. 2023, China’s Supreme People’s Court (SPC) released typical cases of punitive damages for food safety.

The SPC published these cases to help consumers in safeguarding their rights in food safety.

Art. 148, Para. 2 of China’s Food Safety Law stipulates that, in addition to claiming damages, a consumer may require a producer of food failing to meet the food safety standards or a trader knowingly dealing in such food to pay compensation of ten times the price paid or three times the loss.

In this batch of cases published by the SPC, the courts have mostly supported consumers’ claims for tenfold compensation from food operators.

For instance, in Case One, after purchasing a bottle of liquor, the consumer discovered that it was a product with a counterfeit registered trademark. Consequently, the consumer demanded that the liquor seller pay punitive damages equivalent to ten times the purchase price.

The court ultimately ruled in favor of the consumer, ordering the seller to refund the purchase price and additionally pay ten times the amount as punitive damages.

 

 

Photo by 辰曦 on Unsplash

Contributors: CJO Staff Contributors Team

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SPC Releases Typical Cases of Punitive Damages for Food Safety

In November 2023, China's Supreme People's Court (SPC) released typical cases of punitive damages for food safety, emphasizing consumer rights protection and highlighting instances of tenfold compensation awarded to consumers for food safety violations.