From internet-famous milk to being universally condemned, what will Maiquer face?

[4] Compiled from: Red Star News
 
Recently, the topic of two batches of Maichuer pure milk from Xinjiang being unqualified has been causing heated discussions and has surged to the top of major media trending lists. As consumers, if we happen to purchase this milk that does not meet the standards, what should we do?

 
 

 
Case review
On June 28, the Market Supervision Bureau of Qingyuan County, Zhejiang Province, published the results of the 4th batch of food sampling inspections in 2022. This round found two batches of pure milk labeled as produced by Maiquer Group Co., Ltd. to be unqualified, with propylene glycol detected, which is prohibited according to the standards.

 
 

Propylene glycol, as a chemical solvent, is often used as a cosmetic ingredient because it has good miscibility with various fragrances. However, since propylene glycol has low toxicity, its concentration in cosmetics is generally about 5% or less.

Regarding this, many netizens expressed, 'This is the pure milk I think tastes the best, and I drink it every day like water.' 'Got tricked the first time I bought it, how embarrassing.'
 
Some people also said, 'There’s no propylene glycol in the ingredient list, could the ingredient list be falsified? Which two batches? Were there any problems with previous ones? What should we do with the ones we haven’t finished?'
 
 
[1] "Law of the People's Republic of China on the Protection of Consumer Rights and Interests"
Article 39
If a dispute over consumer rights arises between consumers and operators, it can be resolved through the following channels:
(1) Negotiate a settlement with the operator;
(2) Request mediation from the Consumer Association or other legally established mediation organizations;
(3) File a complaint with the relevant administrative department;
(4) Submit to arbitration by an arbitration institution in accordance with the arbitration agreement reached with the operator;
(5) File a lawsuit with the people's court.

[5] Food Safety Law
Article 124
Violations of the provisions of this Law, where one of the following circumstances occurs but does not constitute a crime, shall be dealt with by the food safety supervision and administration department of the people's government at or above the county level, which shall confiscate illegal gains and the illegally produced or operated food and food additives, and may also confiscate tools, equipment, raw materials, and other items used for illegal production or operation; if the value of the illegally produced or operated food or food additives is less than 10,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; if the value is more than 10,000 yuan, a fine ranging from ten times to twenty times the value shall be imposed; in severe cases, the license shall be revoked.
……
(3) Foods that are produced or operated with food additives beyond the prescribed scope or limit; 
……
 
Article 148
If a consumer suffers damage due to food that does not meet food safety standards, they may claim compensation for losses from the operator or the producer. The producer or operator that receives the consumer's compensation claim shall implement the first-responsibility system, pay compensation first, and shall not shirk responsibility. If the producer is liable, the operator has the right to recover from the producer after compensation; if the operator is liable, the producer has the right to recover from the operator after compensation. If food that does not meet food safety standards is produced, or if food that is known not to meet food safety standards is operated, the consumer may, in addition to claiming compensation for losses, also demand from the producer or operator a punitive payment of ten times the price or three times the losses; if the additional compensation is less than one thousand yuan, it shall be one thousand yuan. However, this does not apply if the food's label or instructions contain defects that do not affect food safety and do not mislead consumers.

 
 

 
[1] The author's perspective
Maiquer added propylene glycol, which is not allowed, to milk and widely sold it. This is nothing short of harming consumers' health and also violates national laws. According to the above legal provisions, consumers who purchased Maiquer milk can claim compensation in five ways stipulated in Article 39, and the amount of compensation should be three times the payment price as stated in Article 148. If it is less than 1,000 yuan, compensation should be 1,000 yuan. Maiquer is not an unknown small brand; it is reported that the company had a turnover of 733 million yuan in 2021. It can be seen that this time, Maiquer really damaged its own reputation and will face huge compensation.
 
Milk is an essential food for many people in daily life. We drink milk not only because of its taste but also because we hope it is beneficial to our health. However, domestic milk brands in our country 'collapse' frequently. From the past melamine incidents to today’s propylene glycol issues, they are actually caused by the negligence of producers and operators. Whether or not one wants to take shortcuts, such a lucky mentality that harms life and infringes on legal interests must not arise, otherwise it will harm both others and oneself.