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Do you think it is a reliable " diet pill" thatcan easily lose weight without dieting or exercising ? Can you believe it?
A man bought " Thai Taobao store.
He didn't want to.
After eating, he developed symptoms such as nausea, insomnia, palpitations, dizziness, etc.
After testing , it was found that the product contained " Sibutramine ", which is an illegal drug in China!
He didn't want to.
After eating, he developed symptoms such as nausea, insomnia, palpitations, dizziness, etc.
After testing , it was found that the product contained " Sibutramine ", which is an illegal drug in China!
Case introduction
On March 16, 2021, March 22, 2021, and April 12, 2021, Mao purchased a total of 9 pieces of Xiaojinwan "Thai Beauty Slim Fruits, Vegetables and Herbs 7days" at the Taobao store "A Cosmetics Store".
The total price is 2142 yuan
.
The total price is 2142 yuan
.
After receiving the goods, I found that the outer packaging of this "Thailand Beauty Slim Fruits, Vegetables and Herbs 7days" does not have any labels, signs and instructions, and there is no factory name, factory address, production certificate, production date, ingredient list, implementation standards, storage conditions,
etc.
etc.
With the mentality of trying it out, Mao eats it
.
After the first meal, the effect was very good, and I lost 15 pounds; after the second meal, I experienced symptoms such as vomiting, heart palpitations, insomnia, and dizziness
.
.
After the first meal, the effect was very good, and I lost 15 pounds; after the second meal, I experienced symptoms such as vomiting, heart palpitations, insomnia, and dizziness
.
The product was sent for testing, and it was found that the product contained sibutramine (a western medicine that is prohibited by the Chinese Food and Drug Administration from being added to food)
.
So, Mao bought again and took a video to provide evidence
.
.
So, Mao bought again and took a video to provide evidence
.
the court held that
After hearing, the Beihu Court held that the case was a dispute over an information network sales contract
.
The case has three focuses: first, whether the relationship between the plaintiff and the defendant is a sales contract or an entrustment contract; second, whether the goods involved meet the national food safety standards; third, whether the defendant should be liable for compensation ten times the price
.
.
The case has three focuses: first, whether the relationship between the plaintiff and the defendant is a sales contract or an entrustment contract; second, whether the goods involved meet the national food safety standards; third, whether the defendant should be liable for compensation ten times the price
.
01
for focus one
The court held that online purchasing should be an act in which the purchasing agent places an order with the purchasing agent through the Internet, and the purchasing agent sends or brings back the goods to the purchasing agent according to law after purchasing goods overseas, and the purchasing agent collects remuneration from it
.
.
This case is a spot transaction.
It is not a transaction method in which the defendant accepts the plaintiff's purchasing order and then buys the goods and then sends the goods back.
Secondly, the description of the product involved is only marked as the payment for the goods, not as the agency fee, nor is it marked as the purchase price for the goods.
Costs and agency fees
.
It is not a transaction method in which the defendant accepts the plaintiff's purchasing order and then buys the goods and then sends the goods back.
Secondly, the description of the product involved is only marked as the payment for the goods, not as the agency fee, nor is it marked as the purchase price for the goods.
Costs and agency fees
.
Therefore, the transaction between the plaintiff and the defendant does not conform to the characteristics of the purchasing relationship, but should be identified as a sales contract relationship for spot transactions.
The sales contract represents the true intention of both parties.
safety standard food
.
The sales contract represents the true intention of both parties.
safety standard food
.
02
for focus two
The " Food Safety Law of the People's Republic of China " (hereinafter referred to as the "Food Safety Law") specifically stipulates "food safety standards" in Chapter 3, in which the fourth paragraph of Article 26 stipulates that "food safety standards shall include the following: (four ) requirements for labels, signs and instructions related to food safety requirements such as hygiene and nutrition;” it can be seen that the food safety standards adopted by China’s Food Safety Law are mandatory in many aspects including hygiene standards, nutritional standards, and labeling standards.
Only foods that meet all mandatory standards are safe foods that meet the provisions of the Food Safety Law
.
Only foods that meet all mandatory standards are safe foods that meet the provisions of the Food Safety Law
.
At the same time, Paragraph 1 of Article 67 of the Food Safety Law stipulates that "the package of prepackaged food shall have a label
.
The label shall indicate the following items: (1) Name, specification, net content, and production date
.
" 90 Article 7 stipulates that "Imported prepackaged food and food additives shall have Chinese labels; if there should be instructions in accordance with the law, there should also be Chinese instructions
.
Standard requirements, and indicate the origin of the food and the name, address, and contact information of the domestic agent
.
Prepackaged food without Chinese labels, Chinese instructions or labels and instructions that do not meet the provisions of this article shall not be imported
.
”
.
The label shall indicate the following items: (1) Name, specification, net content, and production date
.
" 90 Article 7 stipulates that "Imported prepackaged food and food additives shall have Chinese labels; if there should be instructions in accordance with the law, there should also be Chinese instructions
.
Standard requirements, and indicate the origin of the food and the name, address, and contact information of the domestic agent
.
Prepackaged food without Chinese labels, Chinese instructions or labels and instructions that do not meet the provisions of this article shall not be imported
.
”
Combined with this case, the product is an imported prepackaged food, and there is no Chinese label on the outer packaging of the product.
The behavior of not marking the Chinese label will also make it difficult for the purchaser to accurately obtain the origin, name, specification, net content, production date, shelf life and domestic content of the food.
The agent's name, address, contact information and other information closely related to food safety
.
Therefore, the goods involved in the case are goods that do not meet the food safety standards
.
Therefore, the court supported the plaintiff Mao's claim for the defendant to refund the purchase price, because the commodities involved did not meet the food safety requirements and could not achieve the purpose of the contract
.
The behavior of not marking the Chinese label will also make it difficult for the purchaser to accurately obtain the origin, name, specification, net content, production date, shelf life and domestic content of the food.
The agent's name, address, contact information and other information closely related to food safety
.
Therefore, the goods involved in the case are goods that do not meet the food safety standards
.
Therefore, the court supported the plaintiff Mao's claim for the defendant to refund the purchase price, because the commodities involved did not meet the food safety requirements and could not achieve the purpose of the contract
.
03
For focus three
Article 148 of the "Food Safety Law" stipulates that "Consumers who are damaged due to food that does not meet food safety standards may claim compensation from the operator or the producer for damages
.
… In addition to claiming compensation for losses, consumers may also demand from the producers or operators to pay ten times the price or three times the damages for the food that meets the food safety standards or that the business knows clearly does not meet the food safety standards
.
”
.
… In addition to claiming compensation for losses, consumers may also demand from the producers or operators to pay ten times the price or three times the damages for the food that meets the food safety standards or that the business knows clearly does not meet the food safety standards
.
”
At the same time, Article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Food and Drug Dispute Cases stipulates that "In the production of food that does not meet the safety standards or the sale of food that clearly does not meet the safety standards, consumers shall, in addition to claiming compensation for losses, The people's court shall support any claim to the producer or seller to pay ten times the price of compensation or to claim compensation in accordance with other compensation standards stipulated by law
.
" It can be seen that consumers who sell food that they know do not meet the food safety standards will Indemnity of ten times the price demanded is not premised on the occurrence of actual damage
.
At the same time, Article 3 of the regulations stipulates that "Due to a dispute over the quality of food or medicine, the purchaser claims rights against the producer or seller.
The people's court shall not support the defense
.
"
.
" It can be seen that consumers who sell food that they know do not meet the food safety standards will Indemnity of ten times the price demanded is not premised on the occurrence of actual damage
.
At the same time, Article 3 of the regulations stipulates that "Due to a dispute over the quality of food or medicine, the purchaser claims rights against the producer or seller.
The people's court shall not support the defense
.
"
In this case, the plaintiff's third purchase of the product was intended to keep samples and use it as evidence.
This behavior is in line with common sense, and was recognized by the court in accordance with the above provisions
.
The defendant's behavior of selling the goods knowing that the goods involved did not have Chinese labels should belong to the sale of food that he knew did not meet the national safety standards.
Therefore, the plaintiff Mao asked the defendant to pay ten times the compensation of 21,420 yuan and related testing costs of 300 yuan.
Court upheld
.
The plaintiff Mao spent more than 1,000 yuan in travel expenses and accommodation expenses due to the litigation in this case.
This court supports the claim for such expenses
.
This behavior is in line with common sense, and was recognized by the court in accordance with the above provisions
.
The defendant's behavior of selling the goods knowing that the goods involved did not have Chinese labels should belong to the sale of food that he knew did not meet the national safety standards.
Therefore, the plaintiff Mao asked the defendant to pay ten times the compensation of 21,420 yuan and related testing costs of 300 yuan.
Court upheld
.
The plaintiff Mao spent more than 1,000 yuan in travel expenses and accommodation expenses due to the litigation in this case.
This court supports the claim for such expenses
.
To sum up, the Beihu Court ruled that a cosmetics store should refund Mao the purchase price of 2,142 yuan within ten days from the date when the judgment came into effect, and pay ten times the compensation of 21,420 yuan, testing costs of 300 yuan, travel expenses, transportation expenses, accommodation and other expenses of 1,000 yuan.
Yuan; Mao returned three bottles of Xiaojinwan "Thailand Beauty Slim Fruits, Vegetables and Herbs 7days" within ten days after the judgment came into effect
.
Yuan; Mao returned three bottles of Xiaojinwan "Thailand Beauty Slim Fruits, Vegetables and Herbs 7days" within ten days after the judgment came into effect
.
Judge reminds
Be careful to buy "poison" when buying diet pills online
There are risks in online shopping, especially when buying weight loss medicines and health products, you must keep your eyes open and check whether the relevant items are marked with the "blue hat" logo and health food approval number.
You can check health food on the website of the State Food and Drug Administration.
related information
.
You can check health food on the website of the State Food and Drug Administration.
related information
.
If you experience dry mouth, frequent urination, fast heartbeat, frequent insomnia, trance and other discomforts while taking it, stop using it immediately and go to the hospital for medical treatment
.
If you find any illegal act of illegally adding pharmaceutical ingredients to health food, you should report it to the local food and drug supervision department in a timely manner
.
.
If you find any illegal act of illegally adding pharmaceutical ingredients to health food, you should report it to the local food and drug supervision department in a timely manner
.
Everyone has a love for beauty, and many criminals take advantage of the psychology of dieters who want to lose weight quickly, illegally add prohibited ingredients, and obtain huge profits from it
.
The judge reminded that weight loss must adhere to scientific principles, and do not blindly believe the "one-sided words" of diet food advertisements, let alone buy "three no products", and the method of losing weight at the expense of health is not advisable
.
.
The judge reminded that weight loss must adhere to scientific principles, and do not blindly believe the "one-sided words" of diet food advertisements, let alone buy "three no products", and the method of losing weight at the expense of health is not advisable
.
Small knowledge of popular science
Sibutramine is an adjunctive treatment for weight loss
.
.
Clinical studies have shown that the use of this drug may increase the serious cardiovascular risk (including non-fatal myocardial infarction, non-fatal stroke, resuscitable cardiac arrest, cardiovascular death, etc.
) in subjects, and the risks of weight loss treatment outweigh the benefits
.
) in subjects, and the risks of weight loss treatment outweigh the benefits
.
The US FDA and the EU had previously stopped using it for weight loss because of the incidence of cardiovascular and cerebrovascular diseases caused by sibutramine
.
