Case Study | the court ordered the seller to return the money after it sold Pecans that was not labeled aspartame (containing phenylalanine)
Cheng bought 260 pieces of "125g creamy-flavored Pecans" from a Tmall store operated by an e-commerce company. The list of ingredients contained aspartame, but did not note that it contained "phenylalanine", which violated the provisions of the "National Food Safety Standard, Standards for Uses of Food Additives" (GB 2760) and constituted a label defect. The court ordered the merchant to return the money. However, Cheng repeatedly large purchase behavior does not belong to the general consumption behavior, his requirement of punitive damages was rejected.
程某自某电商公司经营的天猫店铺处购得“奶油味碧根果125g”260件,产品配料表中含有阿斯巴甜,但未备注含“苯丙氨酸”,违反《食品安全国家标准食品添加剂使用标准》的规定,构成标签瑕疵。法院判处商家退货退款。但程某多次大量购买行为不属于一般消费行为,其提出的承担惩罚性赔偿被驳回。
Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry.
Please feel free to contact us: +86 10 68869850, E-mail: global_info@foodmate.net