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.
Contributors: CJO Staff Contributors Team
