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

📅 2023-09-11 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #fake lamb #criminal law #hotpot restaurant #food safety law #duck meat

Compiled from The Paper
 
Case review
On September 4, blogger "Monkey Big Wrist" posted a series of videos on social platforms, claiming that "Chaodao Self-Service Hotpot" at Beijing Heshenghui store sold "fake lamb." "Monkey Big Wrist" said he spent 98 yuan to purchase 6 boxes of meat products at the store, of which 4 boxes of high-calcium lamb rolls were tested by a testing agency to contain duck ingredients.


[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 public account that, based on the latest test report from the Chao Island team, the lamb rolls were found to contain duck meat. In response, Banu required multiple Chao Island stores to suspend operations for rectification, revoked their independent procurement rights, and initiated compensation for customers who had consumed the product at the He Shenghui store. The compensation involved 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 hotpot restaurants can become "chains" is not only due to good taste but also the greater trust placed in them by the public. However, some businesses prioritize profit over their brand reputation, cutting costs by tampering with ingredients—some by adulteration, others by passing off inferior goods as high-quality, using every possible means. With the rise of self-media, many influencers and bloggers now use identification and legal methods to attract followers. In this case, the blogger "Monkey Big Wrist" not only gained numerous 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.

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