Selling dyed tea should pay back ten! The Sichuan Provincial High Court rejected the tea merchant's application for retrial

New tea is about to go on the market, important things to say three times: tea is strictly prohibited to add pigment! Tea is strictly prohibited to add pigment! Tea is strictly prohibited to add pigment! Someone brought the case to the Sichuan Provincial High Court for this matter.
01 Court of First Instance found that the gold Junmei super-range added pigment lemon yellow sold by Ben Yun Tea Company did not meet food safety standards, but that the small daily consumption of tea added content is not enough to affect food safety matters from 2017.
April 2017, Fan bought a batch of Jin Junmei tea for 11,358 yuan at the "Ben Yun Tea Flagship Store".
July 2017, Fan sent tea samples to the Ministry of Agriculture Tea Quality Supervision and Inspection Testing Center for testing, the conclusion is: lemon yellow content of 0.034 g/kg.
Subsequently, Fan filed a lawsuit with the Chengdu High-tech Industrial Development Zone People's Court in Chengdu, Sichuan Province, on the grounds that the tea he bought did not meet food safety standards, requesting the court to order the operator Wuyi Yamamoto Yun Tea Co., Ltd. (hereinafter referred to as Ben Yun Tea Company) to "refund one loss and ten", in accordance with the relevant provisions of the Food Safety Law.
, the court of first instance commissioned the State Tea Quality Supervision and Inspection Center to identify the tea samples involved, and the test results showed that the lemon yellow content was 120 mg/kg.
court of first instance held that, according to the National Standard for Food Safety Food Additives, the permitted varieties of lemon yellow do not contain tea, and according to the inspection report, it can be determined that the tea in question does not meet the national standards for food safety.
the court of first instance also held that the addition of lemon yellow to the products involved did not mean that the products involved were not in line with food safety.
the reason is that the content of lemon yellow tea in the case is less than a quarter of the maximum use of lemon yellow in some foods 500mg/kg, and the product involved in the case is tea, its daily consumption is small, the amount of lemon yellow ingested by the human body through tea is limited, so the amount of lemon yellow added by the tea involved does not affect food safety, and Fan did not prove that the tea involved in the addition of lemon yellow may cause real harm to human health.
court of first instance finally issued a judgment rejecting Fan's claim.
02 Second instance court heard that the tea involved in the over-range addition of lemon yellow food safety risks belong to the food reform that does not meet the food safety standards of this Yun tea industry to withdraw a loss of one loss 14 Sichuan Provincial High Court rejected the retrial application Fan a certain appeal, to the Chengdu Intermediate People's Court to withdraw the first instance judgment, the company to refund a loss of ten.
Court of Second Instance held that food additives have strict principles of use, scope of use, maximum use, such as the use of food additives, should be technically necessary and after a risk assessment proved safe and reliable, before use.
Ben Yun tea company as a tea production operator, beyond the scope of the addition of lemon yellow, should be involved in the case of tea to add lemon yellow behavior in line with food safety bear the burden of proof, but the company did not provide the corresponding safety assessment basis, only in other foods can add a certain amount of lemon yellow as the reason, presumed that the tea can add a certain content of lemon yellow, insufficient evidence.
, the tea involved in the food safety risks, is not in line with food safety standards of food.
April 2019, the court of second instance issued a final judgment, quashing the first-instance judgment in support of Fan's claim of "one loss and ten losses".
ordered Ben Yun Tea Company to compensate Fan for the loss of 11385 yuan, and pay compensation of 113,850 yuan, Fan returned the purchase of tea.
the second-instance judgment against The People's Court of Sichuan Province.
November 6, 2019, the Sichuan Provincial High Court ruled that the judgment of the court of second instance was not improper and rejected the retrial request of Ben Yun Tea Company.
March 18, 2020, China Consumer Daily learned from Fan that Ben Yun Tea Company had executed the final judgment.
03 tea experts remind consumers that one-sided attention to tea color unscientific tea itself has pigments and artificially added colorants are well known, different varieties of tea have their own unique color, green tea, black tea from this name.
a small number of illegal tea merchants by adding pigment to make low-cost tea "make a make-up", posing as blue screw spring, Jin Junmei and other high-end tea, profiteering.
this pigmented tea is known in the industry as "stained tea".
China Tea Circulation Association industry officials remind consumers that tea itself has pigments and artificially added colorants are different, tea itself has pigments, tea trees are brought in or formed in the process.
to green tea as an example, the color of tea soup after brewing is generally not dark green, but yellow-green.
" tea, if the first bubble is particularly sweet or the soup is particularly green, and the second bubble taste and color are much lighter, such tea is likely to have a problem.
Huiqing, a professor in the Department of Tea Studies at Southwest University and president of the Chongqing Tea Chamber of Commerce, told China Consumer Daily that there are certain misunderstandings and prejudices about the color of tea.
, say green tea must be green, a green cover ugly.
fact, normal, good green tea, color should be yellow green or green, soup color should also be green or yellow, one-sided pursuit of green is not scientific.
Three tricks to see through the "stained tea" (1) take a small amount of tea to wet the white paper towel, if the white paper towel can see the obvious color block, then the tea may be mixed with pigment;
tea stains are light yellow, dark yellow, orange and other yellowish-brown, if it is light green, ink green, grass green and other strange colors, it may be dyed tea.