China Justice Observer


EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

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

Save as PDF

You might also like

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.

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.