Supreme People's Court Interpretation on Punitive Damages in Food and Drug Cases
China
Aug 20, 2024
The top court issued an interpretational document on the application of law in trials involving punitive damages disputes related to food and drug cases. It specifies that failure to label, deliberate mislabeling and significant mislabeling do not qualify as mere flaws in labeling or instructions.
The deputy chief judge of the First Civil Division of the Supreme People's Court, said that the regulations on deliberate mislabeling are primarily aimed at curbing the production and sale of counterfeit and substandard food products.
The interpretation stipulates that for flaws in labels or instructions to be considered as such, they must meet two conditions simultaneously: they must not affect food safety and must not mislead consumers.
The document also addresses how to handle claims involving consecutive purchases of food products that do not meet safety standards, purchases by professional agents engaged in procuring food and drugs that fail to meet safety standards, as well as cases where buyers intentionally create false impressions of producers or operators engaging in illegal production and operations to make fraudulent claims.
For further information (in Chinese), click on the Link / Link
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