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Facts of violation
Shanghai ** Food Co.
, Ltd.
sold the "**** baby soy sauce ****** children's low-salt cold soy sauce seasoning" products sold in the ** online store, on the day of the product on the day of the product launch, the party uploaded "taste: sauce rich (fermented into ester alcohols) low salt and light taste", "children's low salt cold soy sauce seasoning" and other advertising content, but the actual sodium content of the above soy sauce products is 5400 mg/100 ml, according to the national standard GB 28050-2011 "General Rules for Nutrition Labeling of Prepackaged Foods" According to Table C.
1, the above soy sauce products are not low-salt foods (≤ 120 mg/100g or 100mL are low-salt).
, Ltd.
sold the "**** baby soy sauce ****** children's low-salt cold soy sauce seasoning" products sold in the ** online store, on the day of the product on the day of the product launch, the party uploaded "taste: sauce rich (fermented into ester alcohols) low salt and light taste", "children's low salt cold soy sauce seasoning" and other advertising content, but the actual sodium content of the above soy sauce products is 5400 mg/100 ml, according to the national standard GB 28050-2011 "General Rules for Nutrition Labeling of Prepackaged Foods" According to Table C.
1, the above soy sauce products are not low-salt foods (≤ 120 mg/100g or 100mL are low-salt).
The publication of false advertisements by a party violates the provisions of Article 4.
1 and Article 28.
2.
2 of the Advertising Law of the People's Republic of
China.
Advertisements must not contain false or misleading content, and must not deceive or mislead consumers
.
Advertisers shall be responsible for
the authenticity of the advertising content.
1 and Article 28.
2.
2 of the Advertising Law of the People's Republic of
China.
Advertisements must not contain false or misleading content, and must not deceive or mislead consumers
.
Advertisers shall be responsible for
the authenticity of the advertising content.
Penalty results
The fine (RMB) is 10,000 yuan
.
.
Shanghai Qingpu District Administration for Market Regulation
Administrative punishment decision
Shanghai Municipal Supervision and Youth Office [2022] ******** No
Parties: Shanghai ** Food Co.
, Ltd
, Ltd
Unified social credit code: **********
Address: Qingpu District, Shanghai
Legal representative:**
On August 18, 2022, our bureau received 2 reports from 12315 nationwide, both of which reflected that Shanghai ** Food Co.
, Ltd.
** online store "****" in a "**** baby soy sauce ****** children's low-salt cold mixed raw soy sauce seasoning" product, the merchant advertised the product "low salt", but the actual consumer received the product and found that the sodium content in the nutrition facts table did not meet the claim provisions of GB28050 medium and low salt, believing that the merchant was falsely advertised
.
, Ltd.
** online store "****" in a "**** baby soy sauce ****** children's low-salt cold mixed raw soy sauce seasoning" product, the merchant advertised the product "low salt", but the actual consumer received the product and found that the sodium content in the nutrition facts table did not meet the claim provisions of GB28050 medium and low salt, believing that the merchant was falsely advertised
.
After preliminary investigation, the parties advertised "taste: rich sauce (fermented ester alcohols) low salt and light taste" in the above product webpage, and the actual sodium content of the above product is 5400mg/100ml, which is not a low-salt food
.
The parties are suspected of publishing illegal advertisements
.
On August 24, 2022, our bureau opened a case against the party for investigation
.
.
The parties are suspected of publishing illegal advertisements
.
On August 24, 2022, our bureau opened a case against the party for investigation
.
It has been found that the party is an enterprise engaged in the sale of pre-packaged food, and mainly sells
to the outside through the store "****" opened on the ** platform.
to the outside through the store "****" opened on the ** platform.
On January 28, 2022, the party listed a product with the name "**** baby soy sauce ****** children's low-salt cold soy sauce seasoning" in the above-mentioned online store, and on the day of the listing of the above products, the party uploaded advertising content such as "taste: sauce rich (fermented ester alcohols) low salt and light taste", "children's low salt cold soy sauce seasoning" and other advertising content, while the actual sodium content of the above soy sauce products is 5400mg/100ml, according to the national standard GB28050-2011 According to Table C.
1 of the General Rules for the Nutrition Labelling of Prepackaged Foods, the above soy sauce products are not low-salt foods
.
On August 22, 2022, the parties removed the above goods from the shelves
.
During the period, the parties sold a total of 5 orders for the above-mentioned soy sauce, with a total of 60 bottles, with a sales amount of 489.
51 yuan
.
As of the case, the above-mentioned ** store product pages were designed, produced and uploaded by the parties themselves, with no advertising costs
.
1 of the General Rules for the Nutrition Labelling of Prepackaged Foods, the above soy sauce products are not low-salt foods
.
On August 22, 2022, the parties removed the above goods from the shelves
.
During the period, the parties sold a total of 5 orders for the above-mentioned soy sauce, with a total of 60 bottles, with a sales amount of 489.
51 yuan
.
As of the case, the above-mentioned ** store product pages were designed, produced and uploaded by the parties themselves, with no advertising costs
.
The above facts are confirmed
by evidence materials such as inquiry records, network monitoring and electronic data evidence collection documents, screenshots of product web pages after removal, sales records and screenshots of orders, physical photos, inspection and testing reports, etc.
by evidence materials such as inquiry records, network monitoring and electronic data evidence collection documents, screenshots of product web pages after removal, sales records and screenshots of orders, physical photos, inspection and testing reports, etc.
On September 21, 2022, our Bureau served the Administrative Penalty Notice No.
[2022] ********** to the parties
.
The parties have not submitted statements or defense requests
within the statutory time limit.
[2022] ********** to the parties
.
The parties have not submitted statements or defense requests
within the statutory time limit.
The Bureau believes that the party's act of publishing false advertisements violates the provisions of Article 4.
1 and Article 28.
2.
2 of the Advertising Law of the People's Republic of China.
The first paragraph of Article 55 provides that the decision orders the parties to stop publishing illegal advertisements, eliminate the impact within the corresponding scope, and reduce the punishment as follows:
1 and Article 28.
2.
2 of the Advertising Law of the People's Republic of China.
The first paragraph of Article 55 provides that the decision orders the parties to stop publishing illegal advertisements, eliminate the impact within the corresponding scope, and reduce the punishment as follows:
The fine (RMB) is <>,<> yuan
.
.
Methods and duration of administrative punishments:
Within 15 days from the date of receipt of this decision, carry this decision and hand over the fine of RMB 10,000 (capitalized) to the specific collection agency
of the Industrial and Commercial Bank of China or the Construction Bank of this city.
If the fine is not paid when due, in accordance with the provisions of Article 72, Paragraph 1, Item 1 of the Administrative Punishment Law of the People's Republic of China, our bureau may impose an additional fine of 3% of the amount of the fine
every day.
Bank input code: **********.
of the Industrial and Commercial Bank of China or the Construction Bank of this city.
If the fine is not paid when due, in accordance with the provisions of Article 72, Paragraph 1, Item 1 of the Administrative Punishment Law of the People's Republic of China, our bureau may impose an additional fine of 3% of the amount of the fine
every day.
Bank input code: **********.
If a party is dissatisfied with this penalty decision, it may apply to the Qingpu District People's Government for administrative reconsideration within 60 days of receiving this decision, or may directly file an administrative lawsuit
with the Minhang District People's Court within six months.
During the period of applying for administrative reconsideration or initiating administrative litigation, enforcement
of administrative punishments is not suspended.
Where an administrative reconsideration is not applied for within the time limit or a lawsuit is not filed with the people's court and the administrative punishment decision is not performed, the Bureau may apply to the people's court for compulsory enforcement
in accordance with law.
with the Minhang District People's Court within six months.
During the period of applying for administrative reconsideration or initiating administrative litigation, enforcement
of administrative punishments is not suspended.
Where an administrative reconsideration is not applied for within the time limit or a lawsuit is not filed with the people's court and the administrative punishment decision is not performed, the Bureau may apply to the people's court for compulsory enforcement
in accordance with law.
Shanghai Qingpu District Administration for Market Regulation
(Seal)
Year, month and day
