A certain brand of organic probiotic milk powder" sold by Zhejiang Supply Chain Management Co., LTD purchased by Sun had air leakage problem. The court confirmed after verification that 9 of the 14 boxes of milk powder purchased by the plaintiff had air leakage problem to different degrees. Since most of the milk powder purchased by the plaintiff had leakage problems, which caused the plaintiff to be unable to eat, the defendant should refund the payment of RMB 1,135.25 to the plaintiff. Since the evidence provided by the plaintiff can only prove that the milk powder has defects on the outer packaging and cannot prove that the milk powder does not meet the food safety standards, the provisions of Article 148 of the Food Safety Law that the operator pays 10 times the price is not applicable.

        孙某购买的浙江某供应链管理有限公司销售的“某品牌有机益生菌奶粉 2+段”，存在漏气问题，法院核实后确认原告所购买的14盒奶粉中有9盒存在不同程度的漏气问题。因原告购买的奶粉大部分均存在漏气问题，造成原告无法食用，故被告应退原告货款1135.25元。因原告提供的证据仅能证明奶粉在外包装上存在瑕疵，不能证明奶粉不符合食品安全标准，故不适用《食品安全法》第一百四十八条经营者支付价款十倍的规定。

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