The Tieguanyin tea package purchased by customer Zhou Xiang did not match the actual content. After the court heard the case, the business owner was ordered to make double compensation for the violation of the consumer’s right to know.
Zhou Xiang bought 8 boxes of Guanyin King tea at a company and spent a total of 3,840 yuan. However, because the taste is worse than that of the tea that was purchased at the same price, Zhou Xiang took out the box and carefully read it several times.
Only the Tie Guanyin and other logos are on the packaging bag, and the outside of the packaging box contains the words of Guanyin Wang and China Anxi. On the back of the box there is a self-adhesive product logo with a health license and a quality and safety logo, and Xiaoshan Food Production (2003) 0094, "Manufacturer: Hangzhou Tea Co., Ltd." and other content. Zhou Xiang believed that there was a problem with tea. The company found a company selling tea on the second day to discuss it. However, because the issue of compensation did not reach an agreement, Zhou Xiang decided to protect his rights through judicial channels.
Zhou Xiang had doubts about Hangzhou Tea Co., Ltd. on the manufacturer of tea packaging. According to him, Tieguanyin is mostly produced in Fujian and other places. Therefore, Zhou Xiang deliberately investigated in Hangzhou.
The Xiaoshan Branch of the Hangzhou Municipal Bureau of Quality and Technical Supervision issued the “Response to the Report on the Food Production License of a Hangzhou Tea Co., Ltd.,†stating that “after the company’s identification, it is not the company’s production, and the manufacturer does not produce Tieguanyin.†On the 15th of the month, the Health Department of Xiaoshan District of Hangzhou City issued a reply to the letter of “Enquiries on the Permit of Health Permitâ€, which stated that the hygiene licenses marked on the boxes of Tie Guan Yin purchased by Zhou Xiang were forged. So Zhou Xiang will sell the "Tieguanyin" company to court.
For the labeling problem, the company argued that the tea they sold was not a counterfeit product, had a production license, met the safety standards, and was only due to a mistake in the operation of the staff. It mislabeled a tea factory in Anxi County, Fujian, as a tea in Hangzhou. The label of the company. The company believes that they are selling Tieguanyin, and consumers need to buy Tieguanyin, and consumers are not harmed by any real or potential interests.
The first instance of the People's Court of Yunlong District, Xuzhou City, Jiangsu Province, held that the seller’s company stated to the manufacturer that its Hangzhou Tea Co., Ltd. was different from the actual tea producer in Anxi County, Fujian Province, and that it would not actually exist in the production license. No. is printed on the product logo. Zhou Xiang passed the product logo provided by the company and determined that the Tieguanyin tea produced by the company was produced through a specific production process by a certain manufacturer, Hangzhou Tea Co., Ltd. Therefore, the defendant company advocated that there was no need to counterfeit a certain tea factory in Hangzhou, and this false accusation did not reach any suggestion of misleading and improving the quality of the brand and the price. It was not consumable because it was contrary to consumer trust in the contents of the product label. However, Zhou Xiang claimed that the above-mentioned tea does not meet the food safety standards and is a toxic food product. It did not provide proof of evidence. Therefore, it requested that the claim be according to 10 times compensation for toxic food, and should not be supported.
Accordingly, the court ordered a company to compensate Zhou Xiang for a loss of 3,840 yuan and a compensation of 3,840 yuan. After the first instance verdict, the defendant company filed an appeal. Recently, the Xuzhou Intermediate People's Court rejected the appeal on the grounds that the appellant's reasons were not established and upheld the original verdict.
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