"Selling duck meat under the sign of lamb," well-known hotpot chain fined

Compiled from The Paper
 
Case review
On September 4, the blogger "Hou Dawai" posted a series of videos on social media, claiming that the Beijing Hopson One branch of "Chaodao Self-Service Hot Pot" was selling "fake mutton." "Hou Dawai" stated that they spent 98 yuan to purchase 6 boxes of meat ingredients at the store, and 4 boxes of high-calcium mutton rolls were found by a testing agency to contain duck components.

[1] Image source from the internet; if infringement occurs, please delete!

According to the latest test report released by Banu, samples from the involved store tested positive for duck and ovine components, but no chicken or porcine components were detected. The final result confirmed that the lamb roll samples indeed contained duck meat.
 
On September 7, Banu announced via its WeChat official account that, according to the latest inspection report submitted by the Chaodao team, the results showed that its mutton rolls did indeed contain duck meat. In response, Banu required multiple Chaodao stores to suspend operations for rectification, revoked their independent procurement rights, and compensated customers who had consumed the product at the Hopson One store. The compensation covered a total of 8,354 tables, amounting to approximately 8.354 million yuan, with each table eligible to receive 1,000 yuan.
 
 
"Criminal Law of the People's Republic of China"
Article 140
Producers or sellers who adulterate products, pass off fake products as genuine, inferior products as high-quality, or substandard products as standard, with sales amounts between 50,000 and 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or solely, be fined between 50% and two times the sales amount; for sales amounts between 200,000 and 500,000 yuan, the penalty shall be fixed-term imprisonment of not less than two years but not more than seven years, along with a fine between 50% and two times the sales amount; for sales amounts between 500,000 and 2 million yuan, the penalty shall be fixed-term imprisonment of not less than seven years, along with a fine between 50% and two times the sales amount; for sales amounts exceeding 2 million yuan, the penalty shall be fixed-term imprisonment of 15 years or life imprisonment, along with a fine between 50% and two times the sales amount or confiscation of property.
 
 
[1] Food Safety Law of the People's Republic of China
Article 148
Consumers who suffer damage due to food that does not meet food safety standards may claim compensation from the operator or the producer. The producer or operator that receives a consumer's compensation claim shall implement a first-liability system, pay compensation first, and not shirk responsibility; if the producer is liable, the operator has the right to seek recourse from the producer after compensation; if the operator is liable, the producer has the right to seek recourse from the operator after compensation.
If food is produced that does not meet food safety standards, or if an operator knowingly sells food that does not meet food safety standards, consumers may, in addition to claiming compensation for losses, demand from the producer or operator a payment of ten times the price or three times the loss; if the additional compensation is less than 1,000 yuan, it shall be 1,000 yuan. However, this does not apply to defects in food labels or instructions that do not affect food safety and will not mislead consumers.
 
 
[1] The author's perspective
The reason chain hot pot restaurants can truly become "chains" is not only because of their good taste, but also because of the greater trust the public places in them. However, some businesses put profit above all else, disregarding their own brand reputation. In order to cut costs, they tamper with ingredients—some adulterate them, while others pass off inferior goods as high-quality ones, stopping at nothing. Yet with the rise of self-media today, many influencers and bloggers also know how to use appraisal and legal means to attract followers' attention. In this case, the blogger "Hou Dawen" not only gained countless new followers through this incident, but also once again brought food safety into the public eye.
 
In fact, as independent consumers, it is difficult for us to determine every time whether food meets regulations. Instead, businesses should not take this lightly or harbor any侥幸心理. From the above legal provisions, it is clear that once a business adulterates or sells counterfeit goods, they not only face civil compensation to consumers but may also face administrative penalties, and in severe cases, criminal liability. Therefore, diligently building a brand is the long-term strategy for a company's development.