the new consumer law implemented 15 days
Xiangjie 7 highlights
reporter recently learned from the Yuexiu court, the court received a total of 2012 product liability disputes of consumers sued the producers or distributors of a total of 53, accounting for 1.33% of all cases, 121 cases were received in 2013, accounting for 2.67%.
it is worth noting that this type of case, the plaintiff as "occupation fake people, more than 90% of cases, consumers sued the major manufacturers and distributors of the product liability disputes is scanty.
text / reporter Xu Yifei correspondent Yang Ting,
new consumer protection law will come into effect on March 15th this year. Recently, the Yuexiu court judge on the interpretation of the new consumer law seven highlights, combined with a typical case of consumer targeted recommendations.
case: food safety retreat one lose ten
Xiao Zheng (a pseudonym) in a large chain pharmacies to buy 7 boxes of health care products total 1736 yuan, the ingredients on the packaging displays include food additives (D- mannitol), Xiao Zheng did not take to buy health care products, but that the additive violated the national food safety standards, and then sued the product of the producers and distributors, and asked to retreat one lose ten".
court that the focus of controversy in this case is that the provisions of the added D- mannitol whether meet the food safety standards of the products involved, the products involved are not fixed beverage, fructose, mannitol and D- allow only limited scope for use of fructose, so according to the provisions of the use of food additives, producers added mannitol in the D- the product does not meet the food safety standards. Therefore, the plaintiff’s appeal to support the decision maker compensation ten times the compensation of $17360 to the plaintiff.
comments: production or sales do not meet the food safety standards of food, consumers in addition to a claim for damages, but also requires ten times the price of compensation for the producer or seller to pay, the request is not in actual bodily harm consumers consequences premise.
know fake buy does not affect the right to claim compensation
provisions of the old law, if consumers knowingly defective product can not claim punitive damages, but the new consumer law is amended as: "the dispute because of the quality of food and medicines, buyers claim the rights to the producers and sellers, producers and sellers to buyers that food and drug quality problems while still buy the grounds of defense, the people’s court not supported." That is, to buy fake fake behavior does not affect the protection of their own rights and interests of consumers.
online shopping products, the right to return within seven days without reason
The new consumer law provisions of
, if the operators sell commodities on the Internet, television, telephone, mail order, consumers have the right to self.