Ten Typical Cases of Market Supervision in Feixi County, Anhui Province in 2022

China Quality News Network News In 2022, the Market Supervision Administration of Feixi County, Anhui Province, focused on the outstanding problems that were strongly reflected by the masses, the concern of public opinion and the high risk of market supervision, concentrated its superior law enforcement forces, struck out with precision and heavy punches, and investigated and dealt with a number of typical illegal cases with bad nature around the masses according to law. In order to give full play to the deterrent effect of warning, realize the warning of investigating a case, effectively curb the momentum of frequent illegal phenomena, focus on resolving and preventing market risks, and strive to create a safe and secure consumption environment, ten typical cases are now selected for public disclosure.

1. The case of Hefei Hanqi Biotechnology Co., Ltd. producing foods that use food additives beyond the scope.

Feixi County Market Supervision Administration received a report that the edible fungus product "grass in vain" produced by Hefei Hanqi Biotechnology Co., Ltd. contained food additive "sorbitol" beyond the scope.

After investigation, the parties concerned purchased raw and auxiliary materials and produced edible fungi products in vain according to the product order and ingredient list provided by the entrusted manufacturer. In the production process of edible fungus product "grass in vain", the food additive "sorbitol" was added beyond the scope.

The production of edible fungus products using food additives beyond the scope violated the provisions of Item 4 of Article 34 of the Food Safety Law of People’s Republic of China (PRC), and Feixi County Market Supervision Administration imposed an administrative penalty of confiscation of illegal income of 57,300 yuan and a fine of 488,453 yuan.

Food additives can be used to change the quality of food and prolong the shelf life of food. However, food additives are not toxic and harmless. In order to reduce production costs and cater to the tastes of the public, a few businesses illegally use food additives beyond the scope and beyond the limit. Food is the first priority for the people, and food safety is the first priority. Food safety is related to the health and life safety of the people and the future of the Chinese nation. In strict accordance with the requirements of "four strictest", Feixi County Market Supervision Administration fully protects people’s health and life safety, strictly adheres to the red line of food safety, and ensures people’s "safety on the tip of the tongue".

Second, the case of using inferior drugs in Zhoumoumou internal medicine clinic in Feixi County

On May 26, 2022, Feixi County Market Supervision Administration found that there were drugs beyond the expiration date on the shelves of Zhoumoumou internal medicine clinic in Feixi County during the special inspection of drugs.

After investigation, the client purchased 20 bottles of sodium aescinate for injection from a pharmaceutical company on September 6, 2020: (the specification of the drug is 10mg*1000, and the expiration date is October 10, 2021), and on April 14-17, 2021, the client used 8 bottles of the drug; On August 26-28, 2021, the client used 6 bottles of the drug for diagnosis and treatment, and the charge price was 10 yuan per bottle. As of the time of the crime, the remaining six bottles of sodium aescinate for injection that have exceeded the expiration date have not been used.

According to Item (5) of Paragraph 3 of Article 98 of the Drug Administration Law of People’s Republic of China (PRC), drugs that have expired shall be classified as inferior drugs. The above-mentioned drugs involved are stored on the shelves of the pharmacy of the party concerned, which violates the provisions of the first paragraph of Article 98 of the Drug Administration Law of People’s Republic of China (PRC) and constitutes an illegal act of using inferior drugs. Feixi County Market Supervision Administration imposed an administrative penalty of confiscating 6 bottles of sodium aescinate for drug injection beyond the validity period and fined 10,000 yuan.

Feixi County Market Supervision Administration adheres to the people first, life first, firm mission, firm risk awareness, strengthen bottom line thinking, maintain the mentality of "losing everything", the attitude of decisive battle, and strictly guard against death, continue to deepen the special drug safety rectification actions, severely crack down on drug safety violations, effectively control drug safety risks, and hold the bottom line of drug safety in Feixi County.

3. Hefei Haoxin Protective Products Co., Ltd. engages in the production of Class II medical devices without permission and produces medical devices that do not meet the mandatory standards.

In April, 2022, Feixi County Market Supervision Administration conducted an on-site inspection of Hefei Haoxin Protective Products Co., Ltd., and found that the company produced medical disposable protective clothing (type II medical devices) without permission.

After investigation, the medical disposable protective clothing and semi-finished protective clothing involved in the case did not meet the national mandatory standards. The number of medical disposable protective clothing involved was 3,250, with a total value of 9,750 yuan.

The above-mentioned illegal acts of the company violate the provisions of Article 32, paragraph 1, and Article 35, paragraph 1 of the Regulations on the Supervision and Administration of Medical Devices, and constitute illegal acts of engaging in the production of Class II medical devices and producing medical devices that do not meet the mandatory standards without permission. Feixi County Market Supervision Administration imposed an administrative penalty of confiscating the articles involved and fined 120,000 yuan.

The products involved in this case are medical epidemic protection products. Once the disposable medical protective clothing that is illegally produced without a license and does not meet the mandatory standards enters the market, it will seriously affect the health of epidemic prevention personnel and damage the national epidemic prevention achievements. The investigation and handling of such cases has effectively cracked down on and deterred similar illegal acts and maintained the market order during the epidemic prevention and control period.

4. Hefei Sincere Machinery Manufacturing Co., Ltd. continued to use the case that the special equipment (hoisting machinery) failed or abnormal, and it was not fully inspected to eliminate the hidden dangers of accidents.

On March 30, 2022, Feixi County Market Supervision Administration entrusted experts from Anhui Special Equipment Testing Institute to Hefei Zhencheng Machinery Manufacturing Co., Ltd. to investigate the hidden dangers of special equipment, and found that the parties involved in the daily production used lifting machinery had faults or abnormal conditions. Feixi County Market Supervision Administration issued the Special Equipment Safety Supervision Instruction to the parties in accordance with the law, and ordered the parties to immediately stop using the faulty special equipment, conduct a comprehensive inspection and eliminate the hidden dangers of accidents before continuing to use it.

On May 6, 2022, Feixi County Market Supervision Administration and experts from Anhui Special Equipment Testing Institute conducted a review, and found that the crane involved in the case still had the fault of invalid travel limit, and the machine was still in use.

The behavior of the parties who continue to use the special equipment without eliminating the hidden danger of the accident violates the provisions of Article 42 of the Law of the People’s Republic of China on the Safety of Special Equipment. Feixi County Market Supervision Administration imposed an administrative penalty of 50,000 yuan on the parties according to law.

In recent years, the safety problems of special equipment have occurred frequently, and the safety problems of lifting machinery are prone to personal injury accidents. Feixi County Market Supervision and Administration Bureau strictly implements procedures in supervision and inspection, nip in the bud, solve hidden dangers before safety problems occur, and effectively safeguard the safety of people’s lives and property.

V. The case of Huidu Construction Co., Ltd., Anhui Suhuai Construction Engineering Co., Ltd. and Anhui Huaren Building Materials Co., Ltd. selling goods infringing intellectual property rights.

In July, 2022, Feixi County Market Supervision Administration received a report that the fake and inferior "Shendeou" brand exterior wall coating was used in the whole village resettlement site of a community in Feixi County.

After investigation, the "Shendeou" brand exterior wall coating used in the resettlement site of a community in Feixi County was sold by Anhui Suihuai Construction Engineering Co., Ltd. and Huidu Construction Co., Ltd. respectively, of which Anhui Suihuai Construction Engineering Co., Ltd. sold 314 barrels, and the value involved was 72,848 yuan. The sales volume of Huidu Construction Co., Ltd. is 234 barrels, and the value of the goods involved is 58,032 yuan. The Shendeo brand real stone paints allegedly infringing sold by Anhui Suhuai Construction Engineering Co., Ltd. and Huidu Construction Co., Ltd. were all purchased from Anhui Huaren Building Materials Co., Ltd., and the sales volume of Anhui Huaren Building Materials Co., Ltd. totaled 548 barrels, involving a value of 130,880 yuan.

Anhui Suhuai Construction Engineering Co., Ltd., Huidu Construction Co., Ltd. and Anhui Huaren Building Materials Co., Ltd. deal in goods that infringe on the exclusive right to use registered trademarks. Due to the large amount involved, they are suspected of constituting a crime. Feixi County Market Supervision Administration transferred the case to the public security organ according to law.

Dealing in goods that infringe on the exclusive right to use a registered trademark has seriously damaged the legitimate rights and interests of the owner of the exclusive right to use a registered trademark and undermined the order of the socialist market economy. Feixi County Market Supervision Administration focuses on serving the overall situation of economic and social development, cracking down on trademark infringement, patent counterfeiting and other illegal acts in view of key commodities related to people’s health and safety and outstanding problems affecting innovation and development, strengthening the protection of intellectual property rights, helping to build a county with strong intellectual property rights and optimize the business environment, and contributing to market supervision for the construction and development of Feixi.

6. Hefei Ruiyue Property Management Co., Ltd. failed to implement the government-guided price case.

In February 2022, Feixi County Market Supervision Administration received a complaint that Hefei Ruiyue Property Management Co., Ltd. did not meet the requirements for parking fees for new energy vehicles during the operation and management of the parking lot in Sishibu Community.

Upon investigation, during the period from December 13th, 2020 to February 18th, 2022, the parties concerned failed to comply with the provisions of Paragraph 2 of Article 12 of the Measures for the Administration of Parking Charges for Motor Vehicles in Hefei, and failed to implement the guiding price of the Implementation Opinions of Hefei Municipal People’s Government on Accelerating the Development of New Energy Automobile Industry (Hezheng Secret [2020] No.64).

The charging of new energy vehicles by the parties concerned violates Article 12 of the Price Law of People’s Republic of China (PRC), which constitutes an illegal act of not implementing the government-guided price. Feixi County Market Supervision Administration imposed an administrative penalty of 50,000 yuan on the parties according to law.

New energy vehicles are parked in public parking lots (spots) invested by the government for 2 times a day for no more than 5 hours each time; Parking in temporary parking spaces on urban roads is free for 2 hours, and the charge is halved for more than 2 hours. The handling of this case has created a good social atmosphere for promoting the development of the new energy automobile industry, fully protected the legitimate rights and interests of consumers from infringement, and caused good social repercussions.

7. Anhui Fengmin Real Estate Co., Ltd. infringed on consumers’ right to fair trade.

Feixi County Market Supervision Administration received a complaint and reported that the relevant contents of the Parking Space Use Agreement signed between Anhui Fengmin Real Estate Co., Ltd. and consumers infringed consumers’ fair trade rights.

After investigation, in June 2018, the parties used the Parking Space Use Agreement for the transfer of the right to use the civil air defense parking space of the Lifeng Platinum Mansion project developed by them. The Parking Space Use Agreement only sets the consumer’s liability for breach of contract, but does not set the party’s liability for breach of contract.

Setting the consumer’s liability for breach of contract without setting the party’s liability for breach of contract violates the provisions of Article 18 of the Regulations on the Protection of Consumers’ Rights and Interests in Anhui Province and constitutes an illegal act that infringes on consumers’ fair trading rights. Feixi County Market Supervision Administration ordered the parties to make corrections and imposed an administrative penalty of 70,000 yuan.

In real estate transactions and other fields, developers often have a more advantageous position than consumers, and developers use their dominant position to infringe on the legitimate rights and interests of consumers. Feixi County Market Supervision Administration strictly performs the territorial supervision responsibility of the real estate market in its jurisdiction, strengthens the guidance management, strictly supervises and enforces the law, promptly investigates and handles cases of violation of laws and regulations in the real estate market, regulates the operation order of the real estate market, prevents and resolves risks in the real estate market, safeguards the legitimate rights and interests of consumers, and promotes the healthy and orderly development of the real estate market and social harmony and stability.

Eight, feixi Jiayuan gourmet farmhouse false propaganda constitutes an unfair competition case.

In January, 2022, Feixi County Market Supervision Administration carried out a special inspection on "No catching and no breaking of the Yangtze River", and found that the signboard, dish name and aquatic pond label of Feixi Jiayuan gourmet farm house in Huagang Town, Feixi County all had the words "braised wild turtle", "wild river shrimp" and "wild miscellaneous fish pot".

After investigation, in order to attract customers and increase the sales of dishes, the parties concerned publicized the purchased artificially cultured aquatic products as "wild aquatic products" and made them into dishes for consumers to eat.

The behavior of the parties concerned violates the provisions of the first paragraph of Article 8 of the Anti-Unfair Competition Law of People’s Republic of China (PRC), which constitutes an illegal act of false propaganda. Feixi County Market Supervision Administration imposed an administrative penalty of 3,000 yuan on the parties according to law.

Feixi County Market Supervision Administration thoroughly implemented the decision-making arrangements of the CPC Central Committee and the State Council, focused on cracking down on the acquisition and sale of illegal catches in the Yangtze River basin, and made false propaganda and advertisements with "wild fish in the Yangtze River" and "fresh in the Yangtze River" as gimmicks, which effectively curbed the momentum of propaganda and sales of illegal catches in the Yangtze River, promoted social co-governance and achieved remarkable results.

Nine, Feixi Bainuo Kitchenware Firm sells national standard products that do not meet the standards and requirements for protecting human health and personal and property safety.

In May, 2022, Feixi County Market Supervision Administration received complaints from the masses that Bainuo Kitchenware Firm in Feixi County organized a number of elderly people to conduct product promotion and sales in the form of class training. Feixi County Market Supervision Administration immediately organized a random inspection of the goods sold by the firm after receiving the complaint.

After investigation, the electric kettle sold by this firm is an industrial product that does not meet the standards and requirements for protecting human health and personal and property safety.

The behavior of the party concerned violated the provisions of Article 13 of the Product Quality Law of People’s Republic of China (PRC), and constituted an illegal act of selling industrial products that did not meet the standards and requirements for safeguarding human health and personal and property safety. Feixi County Market Supervision Administration imposed an administrative penalty on the party concerned according to law, including confiscation of 47 unqualified electric kettles, confiscation of illegal income of 1,386 yuan and a fine of 13,440 yuan.

Feixi County Market Supervision Administration takes product quality and safety as a breakthrough to inspect the business premises of the parties concerned and organize random inspection, severely crack down on the behavior of the parties selling unqualified products, protect the legitimate rights and interests of elderly consumers, extend the treatment of fraud-related chaos that infringes on the legitimate rights and interests of the elderly, and create a good social environment for the majority of elderly people to enjoy a happy old age.

X. False propaganda case of Hefei Xuanan Sports Technology Co., Ltd.

In February, 2022, Feixi County Market Supervision Administration found that the plaque style of "Feixi County Assured Consumption Demonstration Unit" displayed by Hefei Xuanan Sports Technology Co., Ltd. was different.

After investigation, the plaque of "Feixi County Assured Consumption Demonstration Unit" displayed in the cashier on the second floor of his residence was made by himself on January 7, 2022, and the party was not awarded the honorary title of "Feixi County Assured Consumption Demonstration Unit". The coach profile produced by the parties in June 2021 publicized that Ma, the head of the coach department, graduated from "Shandong University of Finance and Economics (Engineering Department)". Zhang Moumou, a senior personal trainer, graduated from "Nanjing University of Science and Technology (Department of Management)" and won the "52kg Sanda Champion in Henan Province in 1916". The propaganda content is not true. Ma’s actual graduation school is a junior college affiliated to Shandong University of Finance and Economics, and Zhang Moumou’s actual graduation school is Songshan Shaolin Tagou Martial Arts Vocational College, and he has never won the title of "52kg Sanda Champion in 1916". It is an illegal act of false propaganda that the parties make up and exaggerate the honors won by the gym, the qualifications of fitness instructors and the honors won, and deceive and mislead consumers.

The party concerned did not win the honorary title of "Feixi County Assured Consumption Demonstration Unit", made a plaque of "Feixi County Assured Consumption Demonstration Unit" for publicity in his residence without authorization, and made up and exaggerated the honorary titles won by coach Ma, Zhang Moumou graduate school and coach Zhang Moumou for publicity, deceiving and misleading consumers, which violated the provisions of the first paragraph of Article 8 of People’s Republic of China (PRC) Anti-Unfair Competition Law and constituted an illegal act of false propaganda. Feixi County Market Supervision Administration ordered the parties concerned to stop the illegal act and imposed an administrative penalty of 10,000 yuan.

With the people’s growing demand for a better life, the increase of disposable income and the change of healthy lifestyle, the development of consumer industry is in full swing. Feixi County Market Supervision Administration severely cracked down on the illegal acts of operators deceiving and misleading consumers, created a safe and secure consumption environment, effectively protected the legitimate rights and interests of consumers, and further improved the people’s sense of acquisition and satisfaction.

(Source: Feixi Market Supervision)