The General Administration of Market Supervision announced the eighth batch of typical cases of "Tiequan" action in 2022.
The website of the General Administration of Market Supervision reported on December 23 that since the beginning of this year, market supervision departments at all levels have focused on outstanding issues in the field of people’s livelihood that have been strongly reflected by the masses and concerned by public opinion, and severely cracked down on illegal food addition, illegal oil quality and metering cheating at gas stations, false and illegal advertisements of "magic doctors" and "magic drugs", false propaganda in the field of medical beauty, renovation of "black gas cylinders" and inferior gas appliance, overdue elevators, and "bottomless marketing" for minors. Some typical cases are now announced as follows:
1. The Market Supervision Bureau of jiande city City, Zhejiang Province investigated and dealt with a series of cases of illegal activities of four business entities, including Weiduo Cake Shop in Xin ‘anjiang Street, jiande city, in the production and operation of food containing gold and silver foil powder.
On November 17, 2022, the Market Supervision Bureau of jiande city, Zhejiang Province imposed an administrative penalty of 202,000 yuan on four business entities, namely Weiduo Cake Shop in Xin ‘anjiang Street, jiande city, two stores of Qihe Food (Hangzhou) Co., Ltd. and Wenlan Hotel in jiande city, for their illegal activities in producing and selling food containing gold and silver foil powder.
In July, 2022, jiande city Municipal Market Supervision Bureau deployed a special action to investigate and deal with illegal activities of food containing gold and silver foil powder online and offline in accordance with the Provisions on Investigating and Dealing with Illegal Activities of Food Containing Gold and Silver Foil Powder. Through the previous clues, the illegal activities of Qihe Food (Hangzhou) Co., Ltd., Lai’s Daren Cake Shop and Jiande Wenlan Hotel in selling or promoting gold (silver) foil cakes and desserts on WeChat applet were verified by blockchain. On August 11th, jiande city Municipal Market Supervision Bureau launched a cluster operation, and seized the physical evidence of adding gold (silver) foil substances to food in one store of Weiduo Cake Shop (Laiaoda), two stores of Qihe Food (Hangzhou) Co., Ltd. and Jiande Wenlan Hotel in Xin ‘anjiang Street, jiande city, and extracted the sales data of relevant orders, involving a total value of 31,000 yuan. The act of adding "gold foil" to the cake violated the provisions of Item (1) of Paragraph 1 of Article 34 of the Food Safety Law, and publicized and displayed the picture of "rose" cake made with "gold foil" on its WeChat applet, which violated the provisions of Paragraph 1 of Article 5 of the Interim Measures for the Administration of Internet Advertising. Jiande city Municipal Market Supervision Bureau imposed administrative penalties on the above four business entities.
Gold foil cake is a flashy "face project", which encourages unhealthy trends such as extravagant enjoyment and money worship, and brings irrational consumption views and food safety hazards. According to the Food Safety Law of People’s Republic of China (PRC), gold and silver foil powder is not listed as a food additive, nor is it a food raw material, so it is illegal to add gold and silver foil powder.
Second, the Market Supervision Bureau of Qixingguan District, Bijie City, Guizhou Province investigated and dealt with the case of prepackaged foods, who operated the Hongsheng Food Business Department in Qixingguan District beyond the shelf life and marked the false production date.
On July 11, 2022, the Market Supervision Bureau of Qixingguan District, Bijie City, Guizhou Province imposed an administrative penalty of confiscating expired food and packaging materials and confiscating 168,300 yuan for prepackaged foods’s illegal behavior of operating Hongsheng Food Business Department in Qixingguan District beyond the shelf life and marking false production date.
On May 7, 2022, the Market Supervision Bureau of Qixingguan District conducted an on-site inspection of Hongsheng Food Business Department in Qixingguan District according to the report of the office under its jurisdiction, and found that there were 2,006 prepackaged foods, code printer, husker and unused food packaging bags with modified production dates stored on the site. After investigation, the party concerned recycled the expired or about to expire prepackaged foods, then changed the packaging and changed the production date and sold it. The illegal value was 12,200 yuan, and the illegal income was 9,900 yuan. The behavior of the party concerned violated the provisions of Article 34 of People’s Republic of China (PRC) Food Safety Law, and the Qixingguan District Market Supervision Bureau imposed administrative punishment on the party concerned according to law.
Operators tamper with the date of food production, seriously infringe on consumers’ rights and interests, and there are hidden dangers of food safety. By severely cracking down on illegal acts, the market order and consumers’ rights and interests are effectively maintained, and the hidden dangers of food safety accidents are eliminated from the source.
3. The Market Supervision Bureau of Zhangzhou City, Fujian Province investigated and dealt with the case of Shen Moumou producing infant formula milk powder by sub-packaging.
On October 14th, 2022, the Market Supervision Bureau of Zhangzhou City, Fujian Province imposed an administrative penalty of confiscating 387 bags of self-packaged infant formula milk powder and 610 milk powder storage bags for self-packaged infant formula milk powder, and 13 unpacked original infant formula milk powder for self-packaged infant formula milk powder, and fined 507,500 yuan.
On August 9, 2022, Zhangzhou Municipal Market Supervision Bureau, in accordance with the Letter of Case Clue Transfer from Linyi Municipal Market Supervision Bureau of Shandong Province, jointly inspected Shen’s business premises with the public security department. Original imported infant formula milk powder, subpackaged infant formula milk powder (about 20g per package), some packaging bags used for subpackage, disposable gloves, a labeling machine, and original infant formula milk powder unpacked empty cans were found on site. Upon investigation, the parties concerned purchased a large number of canned infant formula milk powder of foreign brands, such as Nestle, Aitamei and Mead Johnson, through the cross-border e-commerce online shopping platform of Haipaike on June 1, 2022, unpacked them in milk powder storage bags at their production and business premises, and labeled them respectively, and then sold them through the online stores of KINOMOTO SAKURA Brand Milk Powder Trial Collection Store and KINOMOTO SAKURA Australia Purchasing Life House. As of the time of the incident, the parties have produced 2,557 packages of infant formula milk powder by themselves, with a case value of 36,600 yuan. The act of producing infant formula milk powder by sub-packaging without obtaining a food production license violates the provisions of Paragraph 1 of Article 35 and Paragraph 5 of Article 81 of the Food Safety Law of People’s Republic of China (PRC), and Zhangzhou Municipal Market Supervision Bureau has imposed administrative penalties on the parties according to law.
The production of infant formula milk powder by subpackaging is easy to cause secondary pollution, especially some lawless elements even illegally add and shoddy it in the process of secondary subpackaging, which seriously endangers the health and life safety of infants. The Market Supervision Bureau of Zhangzhou City, Fujian Province severely investigated and dealt with the illegal activities of the parties involved in the production of infant formula milk powder without a license, and spared no effort to keep the safety bottom line of infant "rations", further standardizing and improving the market order and quality and safety level of infant formula milk powder in the jurisdiction.
Four, Huainan City, Anhui Province Market Supervision Bureau investigated the case of Sun Moumou and others producing and selling inferior gasoline.
On November 15, 2022, the Market Supervision Bureau of Huainan City, Anhui Province investigated and dealt with the illegal activities of Sun Moumou and others in producing and selling inferior gasoline according to law, and the case was transferred to the public security organs because the actions of the parties were suspected of constituting a crime. The investigation of the case lasted for 10 months, involving more than 800 million yuan, involving 66 people, 23 of whom were taken criminal compulsory measures, and more than 30 dens involved in gasoline sales and storage were destroyed.
On January 18, 2022, law enforcement officers of Huainan Municipal Market Supervision Bureau inspected a refueling station in Tulou Village, Sanhe Town, Shannan New District, Huainan City according to reports from the masses, and found that the refueling station was operating without a license. Law enforcement officers bought samples for inspection on site, and the test results were unqualified. After investigation, the operators of the refueling station, such as Tang Mou and Chen Mou, illegally sold unqualified gasoline to others by using simple tankers and privately modified tankers from July 2021 to the crime. In view of the huge amount involved, Huainan Municipal Market Supervision Bureau and the public security department quickly set up a joint task force to jointly investigate the case. After investigation and evidence collection by the task force, it was further discovered that the mega-manufacturing and selling inferior gasoline gangs across Shandong and Anhui provinces. Under the guise of operating a chemical company, the gang was produced by Sun Moumou, Ba Moumou and others, and purchased a large number of alcohol-free gasoline and methanol fuel oil from refineries and chemical plants in Dongying City, Shandong Province, and mixed the two oils in a certain proportion to produce motor gasoline that seriously failed to meet national standards, and then Liu Moumou and Yang Moumou were responsible for contact and wholesale sales. The gang began to produce and sell inferior gasoline at the end of 2020, and sold it in the name of 92# and 95# alcoholic gasoline. As of the time of the incident, the sales volume reached more than 200,000 tons. Because the behavior of Sun Moumou and others violated the provisions of Article 50 of the Product Quality Law of People’s Republic of China (PRC), which was suspected to constitute a crime, Huainan Market Supervision Bureau transferred the case to the public security organ for handling according to law.
Adding unqualified refined oil to motor vehicles will cause different degrees of damage to vehicles, which may bring hidden dangers to vehicles and personal safety. At the same time, the tail gas produced by the combustion of unqualified gasoline and diesel oil contains nitrogen oxides and other waste gases, causing air pollution. The successful investigation of this case severely cracked down on the arrogance of criminals in making and selling fake products, and effectively deterred the illegal and criminal activities of manufacturing and selling inferior refined oil products. The market supervision department will continue to strengthen law enforcement on product quality and safety, and make every effort to protect people’s lives and property.
Five, Yiyang City, Hunan Province Market Supervision Bureau investigated and dealt with the case of Xiangzhong Petrochemical Sales Co., Ltd. selling motor gasoline that did not meet the mandatory standards.
On September 1st, 2022, the Market Supervision Bureau of Yiyang City, Hunan Province imposed an administrative penalty of confiscating 47,000 liters of No.95 motor gasoline and fined 590,200 yuan on the illegal behavior of Xiangzhong Petrochemical Sales Co., Ltd. in selling motor gasoline that did not meet the mandatory standards.
On March 26th, 2022, in the 2022 product quality supervision and spot check organized by Yiyang Municipal Market Supervision Bureau, the No.95 motor gasoline (tank number V103) sold by Xiangzhong Petrochemical Sales Co., Ltd. was sampled by Hunan Institute of Commodity Quality Supervision and Inspection, and the aromatic hydrocarbon content (volume fraction) and oxygen content (mass fraction) in the tested items did not meet the requirements of GB17930-2016 Motor Gasoline. After investigation, the inventory of No.95 gasoline in the party’s gasoline tank was 47,000 liters, and the value of the products involved was 327,900 yuan. On May 11th, 2022, Yiyang Municipal Market Supervision Bureau transferred the case to Yiyang Municipal Public Security Bureau. After examination, Heshan Branch of Yiyang Municipal Public Security Bureau considered that it did not meet the criminal filing standards and handed it over to Yiyang Municipal Market Supervision Bureau for handling. The behavior of the party concerned violated the provisions of Article 49 of the Product Quality Law of People’s Republic of China (PRC), and Yiyang Municipal Market Supervision Bureau imposed administrative punishment on the party concerned according to law.
This case implements the two-way connection between market supervision, administrative law enforcement and criminal justice. The investigation and handling of the case has effectively standardized the operation order of Yiyang refined oil market and safeguarded the safety of people’s lives and property.
Six, the Inner Mongolia Autonomous Region Urad Qianqi Market Supervision Bureau investigated and dealt with the case of using unqualified measuring instruments and destroying the accuracy of measuring instruments at the gas station of Urad Qianqi Bus Station.
On April 7, 2022, the Market Supervision Bureau of Urad Qianqi, Inner Mongolia Autonomous Region imposed an administrative penalty of confiscating 4 metering and control motherboards, 1 computer host and 1 communication controller of the tanker and confiscating 510,500 yuan for the illegal acts of using unqualified measuring instruments and destroying the accuracy of measuring instruments at the gas station of Urad Qianqi Bus Station.
On September 2, 2021, Urad Qianqi Market Supervision Bureau carried out law enforcement inspection on the tankers in use at the gas station of Urad Qianqi Bus Station, and found that the lead seals of four tankers’ mainboards of No.1 and No.3 tankers in use at the gas station were damaged, and law enforcement officers took measures to register and save the tankers’ mainboards, computer mainframes and communication controllers in advance. After verification by the product quality measurement and testing institute of Wulate Qianqi, it was concluded that the measuring instruments were unqualified and a notice of verification results was issued, which was an illegal act of using unqualified measuring instruments and destroying the accuracy of measuring instruments. The behavior of the parties violated the provisions of Articles 9 and 16 of the Metrology Law of People’s Republic of China (PRC), and the Urad Qianqi Market Supervision Bureau imposed administrative penalties on the parties according to law.
In order to seek illegal interests, some gas station operators deliberately undermine the accuracy of measuring instruments, and the refined oil sold is short and short, which damages the legitimate rights and interests of consumers. Urad Qianqi Market Supervision Bureau investigated and dealt with cheating cases of tankers in accordance with the law, constantly intensified the crackdown on metering cheating at gas stations, purified the market order of gas stations, and earnestly safeguarded the legitimate rights and interests of consumers.
7. The Market Supervision Bureau of Xishui County, Hubei Province investigated and dealt with the case of destroying measuring instruments and practicing fraud by Fude Gas Station Co., Ltd. of Xishui County.
On August 30, 2022, the Market Supervision Bureau of Xishui County, Hubei Province imposed an administrative penalty of confiscating one main board of metering and control of cheating tankers and confiscating 251,000 yuan for the illegal act of destroying measuring instruments and falsifying by Fude Gas Station Co., Ltd. of Xishui County.
On November 12, 2021, the Law Enforcement Inspection Bureau of Hubei Provincial Market Supervision Bureau and Xishui County Market Supervision Bureau jointly conducted law enforcement inspection on Xishui County Fude Gas Station Co., Ltd. On-site inspection found that a tanker control motherboard was suspected of being changed without authorization. Law enforcement officers immediately removed the control motherboard involved and sent it to a tanker control motherboard manufacturer (a software technology company in Beijing) for identification. After identification, the meter control motherboard used by Xishui Fude Gas Station Co., Ltd. is not a product produced by the company. After investigation, in November, 2020, the party concerned replaced the refueling machine control mainboards of No.6 and No.7 refueling guns operated by it, and installed the refueling machine metering cheating system. As of the time of the incident, the parties used the measurement cheating system to make a total profit of 250,000 yuan. The behavior of the parties violated the provisions of Item 7 of Article 5 of the Measures for the Supervision and Administration of Gas Station Metrology, and the Xishui County Market Supervision Bureau imposed administrative penalties on the parties according to law.
In recent years, some gas station operators are mercenary, and they commit illegal metering by changing the main board of the metering control of the tanker and cheating with the background computer, resulting in the inconsistency between the displayed quantity of the tanker and the actual refueling quantity, which seriously infringes on the legitimate rights and interests of consumers and is deeply hated by the people. The successful investigation and handling of this case by Xishui County Market Supervision Bureau in Hubei Province has a typical demonstration significance, which has effectively maintained the operation order of the finished oil market and effectively protected the interests of the people.
8. The Market Supervision Bureau of Xinjin District, Chengdu, Sichuan Province investigated and dealt with the case that Chengdu Wujin Changda Hydropower Equipment Sales Co., Ltd. sold water heaters without 3C certification.
On March 31, 2022, the Market Supervision Bureau of Xinjin District, Chengdu, Sichuan Province imposed an administrative penalty of 125,200 yuan on the illegal behavior of Chengdu Wujin Changda Hydropower Equipment Sales Co., Ltd. in selling water heaters without 3C certification.
On February 16th, 2022, Xinjin District Market Supervision Bureau conducted an on-site inspection on Chengdu Wujin Changda Hydropower Equipment Sales Co., Ltd. according to the clues reported, and found that there was an unopened domestic gas water heater (without 3C mark) and three unopened electric water heaters (printed with 3C mark) in the company library, which was labeled as "Jiangsu Nantong Sakura Electric Appliance Manufacturing Co., Ltd.". After investigation, law enforcement officers did not find "Jiangsu Nantong Sakura Electric Appliance Manufacturing Co., Ltd." in the national enterprise credit information publicity system. The system showed that "Nantong Sakura Electric Appliance Manufacturing Co., Ltd." existed, but the company was cancelled on November 15, 2021. At the same time, law enforcement officers found on the website of the National Certification and Accreditation Administration that the compulsory product certification scope of Nantong Sakura Electric Appliance Manufacturing Co., Ltd. was only "indoor heater (Yuba)", but there was no electric water heater and domestic gas water heater. According to the product categories listed in the Catalogue of Compulsory Product Certification, the four water heaters stored by the parties are compulsory certification products, and they can only be sold after obtaining 3C certification. The behavior of the parties violated the relevant provisions of Article 27 of the Regulations on Certification and Accreditation of People’s Republic of China (PRC), and Xinjin District Market Supervision and Administration Bureau imposed administrative punishment on the parties.
Gas appliance’s transformation from production license to 3C certification is one of the measures taken by the state to deepen the reform of "streamline administration, delegate power, strengthen regulation and improve services". Producers and operators should strictly implement the main responsibility to produce and sell gas appliance with complete qualifications and qualified inspection to prevent safety accidents. Through the investigation and handling of this case, the behavior of sales units in gas appliance was further standardized, the "sales pass" of gas safety was held, and the safety of people’s lives and property was effectively guaranteed.
Nine, Jiangsu Suzhou Industrial Park Market Supervision Bureau investigated and dealt with the case of dad Youxuan Health Technology (Suzhou) Co., Ltd. publishing false and illegal advertisements.
On October 24, 2022, the Market Supervision Bureau of Suzhou Industrial Park in Jiangsu Province imposed an administrative penalty of 300,000 yuan on Dad Youxuan Health Technology (Suzhou) Co., Ltd. for publishing false and illegal advertisements.
On October 26, 2021, the Market Supervision Bureau of Suzhou Industrial Park received a report from the masses, reflecting that Dad Youxuan Health Technology (Suzhou) Co., Ltd. claimed that ordinary food had health care and treatment effects when selling ordinary food. Suzhou Industrial Park Market Supervision Bureau immediately inspected the company’s physical store and online live account. After investigation, the parties registered a platform account "Li Bo Tan Chang Gao" in the name of their shareholders, and opened a store, and the store certification subject was the parties. Another registered "Dr. Tadpole" applet. Through short video sharing on the platform, live answering questions on small programs, etc., on the grounds that intervention in spleen and stomach health, anti-allergic treatment and so on can help people grow taller, the parties drained them to a platform shop and small program mall to sell two "growing products" of "comprehensive fruit and vegetable baking powder" and "probiotic powder". In addition, in a platform store and multiple product pages of small programs, the parties made false advertisements on the academic qualifications and qualifications of team members with slogans such as "doctor team" and "senior nutritionist", and fabricated data to publicize the product effect and mislead consumers. The above actions of the parties violated the provisions of Articles 17 and 28 of the Advertising Law of People’s Republic of China (PRC), and the Market Supervision Bureau of Suzhou Industrial Park imposed administrative penalties on the parties according to law.
Taking advantage of parents’ eagerness for their children to grow taller, the parties concerned packaged ordinary food into "growing taller products", seeking improper benefits and causing hidden dangers to teenagers’ physical and mental health. Instead of using the traffic advantage of its "million bloggers" to play an exemplary role, the parties concerned use it as a tool to "blog people’s eyes" and "gain credit", which seriously damages the order of the Internet advertising market. The market supervision department will severely crack down on the use of live broadcasts and other forms to publish false and illegal advertisements of "magic medicine", protect consumers’ rights and interests, and create a clear space for online marketing and publicity.
X. Market Supervision Bureau of Ruichang City, Jiangxi Province investigated and dealt with the case that Ruichang Changsheng LPG Joint Venture Company filled cylinders that did not meet the requirements of safety technical specifications.
On October 9, 2022, the Market Supervision Bureau of Ruichang City, Jiangxi Province imposed an administrative penalty of 100,000 yuan on the illegal act of filling cylinders that did not meet the requirements of safety technical specifications by Ruichang Changsheng LPG Joint Venture Company.
On July 9, 2022, Ruichang Municipal Market Supervision Bureau conducted supervision and inspection on Ruichang Changsheng LPG Joint Venture Company according to the report, and found that the company had the behavior of filling gas cylinders that did not meet the requirements of safety technical specifications. Upon investigation, among the 102 liquefied petroleum gas cylinders that have been filled by the parties concerned, 9 cylinders are overdue without regular inspection, 1 cylinder exceeds the design service life stipulated in Technical Regulations for Gas Cylinder Safety (TSG23-2021), and 13 cylinders exceed the actual service life stipulated by the safety assessment gas cylinders. The behavior of the party concerned violated the second paragraph of Article 49 of the Law of the People’s Republic of China on Safety of Special Equipment, and Ruichang Municipal Market Supervision Bureau imposed administrative punishment on the party concerned.
The safety and quality of gas cylinders are directly related to the life safety of ordinary people. Through the investigation of this case, the illegal filling chaos in the local liquefied gas filling field has been greatly purified, and the legal awareness and responsibility awareness of gas cylinder filling units have been effectively improved, which has played a very good deterrent role.
Xi. Beijing Daxing District Market Supervision Bureau investigated and dealt with the case of Fuzhou Taihe Property Management Co., Ltd. Beijing Branch using unqualified elevators.
On October 26, 2022, Beijing Daxing District Market Supervision Bureau imposed an administrative penalty of 140,000 yuan on the illegal use of unqualified elevators by Fuzhou Taihe Property Management Co., Ltd. Beijing Branch.
In July 2022, Daxing District Market Supervision Bureau received a case clue about the use of unqualified elevators by Fuzhou Taihe Property Management Co., Ltd. Beijing Branch, and then conducted an on-site inspection of Fuzhou Taihe Property Management Co., Ltd. Beijing Branch, and found that the six elevators being used by the company were unqualified by the Special Equipment Testing Institute of Daxing District Market Supervision Bureau in Beijing on July 11, 2022. On July 25, 2022, law enforcement officers issued a special equipment safety supervision instruction to the parties, requiring them to immediately stop using the above equipment. After investigation, the parties concerned continued to use the above elevators until September 2, 2022, which constituted an illegal act of using elevators that failed the inspection. The behavior of the party concerned violated the relevant provisions of the third paragraph of Article 40 of the Law of the People’s Republic of China on the Safety of Special Equipment, and the Daxing District Market Supervision Bureau imposed administrative penalties on the party concerned.
Elevator has become an important infrastructure in people’s daily life, which is directly related to people’s life safety and quality of life. The market supervision department will further serve and protect people’s livelihood by strictly investigating illegal activities such as the use of elevators that fail to pass the inspection, and ensure the public to take the elevator safely and safely.