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Case Study|Imported Food Product has Medical Composition and Missing the Chinese Label

 Food regulation label compliance

 

Case   

 

Consumer Mr. Dai purchased two bottles of enzymes imported from Japan through E-commerce on the Internet, and paid a total of 1,800 yuan. It was found that the product has no Chinese label, the outer packaging and the bottle body are all in Japanese, and the words "Yangzhi, Tianqi Ginseng, Red Ginseng, etc." with Chinese fonts can be seen in the ingredient list. File a lawsuit against the seller on the basis of an online shopping contract.

 

The illegal fact  

 

Article 38 of Food Safety Law: Foods produced and operated should not be added with drugs or medicine compositions, but substances that are traditionally both food and Chinese medicines can be added.

 

Article 3.8 of GB 7718: Labels for prepackaged foods should use standardized Chinese characters (except trademarks...),

 

Article 4.1.6.3 of GB 7718: For imported prepackaged food shall include the name of the product,  the country or region (such as Hong Kong, Macao and Taiwan) of origin, and the name and address of the agent, importer or distributor registered by law in the People's Republic of China, shall be indicated.

 

Analysis   

 

The Japanese enzymes products involved in the case are imported as pre-packaged foods, without the Chinese logos, and the names, addresses and contact details of domestic agents are not indicated according to law in standard Chinese language. They are not allowed to be sold in China and the products are in violation of the national food safety standard GB7718. Moreover, the ingredient list contains Ganoderma lucidum, and the National Health and Family Planning Commission's “Reply of the General Office of the National Health and Family Planning Commission on Ganoderma lucidum (Ganoderma lucidum) and Zizhi” on May 29, 2014 clearly stipulates that Ganoderma lucidum is a traditional Chinese medicinal material. It should not be used as a general food. In summary, the product is a food that does not meet food safety standards.

 

Penalty result   

The label and the ingredient are notcompliant, The payment (¥1800 is refunded, and 10 times compensation (¥18000 is paid to Mr. Dai by the E-commerce seller.


Please note: Original article of Global Foodmate of Information Service and Business Department, please indicate the source from the Global Foodmate if reprint.

 

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