Case | Selling falsely publicized energy drinks, the court sentenced the merchant to refund the purchase price
The consumer purchased "a certain malted milk energy drink" sold by a product Sales Co., LTD. in Inner Mongolia, the product description has the effect of anti-fatigue and relieving body fatigue. It is also found out that the product is an ordinary food, not a health food. The court held that the above products were claimed to be health food, and the publicity of a certain malted milk energy drink sold by the defendant violated the provisions of Article 73 of the Food Safety Law of the People's Republic of China, which was a food that did not meet safety standards. Therefore, the court ordered the defendant to refund the payment for goods of the plaintiff.
消费者购买的内蒙古某产品销售有限公司销售的“某酸马奶能量饮料”,商品描述具有抗疲劳、缓解身体疲劳的功效,另查明,该产品属普通食品不是保健食品。法院认为上述产品对外宣称属于保健食品的功效,被告销售的某酸马奶能量饮料的对外宣传行为违反了《中华人民共和国食品安全法》第七十三条规定,属不符合安全标准的食品,故法院判决被告退还原告货款。
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