Blue Moon carcinogenic door behind: Whitening agent standards by the production enterprises to enter into

"The community" around the subject of the fluorescent agent, well-known counterfeiters Wang Hai and washing industry big guy "Blue Moon" contest, has been a public concern.　　At present, the dispute between the two sides of the right of reputation is in the second instance. It is worth mentioning that, the relevant lawsuit, Guangzhou Blue Moon Industrial Co., Ltd. is the field win.　　Herald reporter noticed that almost every time the argument, enterprises will move out of the industry standard "qb/t2953-2008 detergent fluorescent Brightener", according to the description of its products are qualified, and these statements are finally recognized by the court, the industry standards have become the success of this series of cases is one of the key. Recently, however, Hangzhou residents have raised objections.　　People who pay more attention to many social problems Zhang Renguang pointed out that including "detergent fluorescent brightener", including many national standards, industry standards, its formulation process, the consumer participation rights, discourse rights have not been effectively realized, this in the formulation of procedures exist defects standards, from the date of birth is "congenitally deficient."　　Wang pointed out that the fluorescent agent industry standards for the formulation and implementation of only a few years from now, it can be confirmed that detergent added "fluorescent Whitening agent" safety problem has not been long-term research and practice.　　Public query, has been a lot of product standards, by a small number of experts, leading enterprises to control, which has become a universal standard-setting problem.　　Consumers said that many of the problems in the final analysis is a standard problem, but many of our standards, in fact, not "standard", unfair, unfair, unscientific, and not advanced. The standard to win key fluorescent agent Storm originated June 20, 2011. That day, Wang Hai continuously through micro-blog said Blue Moon Laundry liquid detected fluorescent brightener is a carcinogenic substance. The above remarks, immediately triggered the industry shock.　　On the same day, China's washing Products Industry association issued a statement, said industry standards for the use of fluorescent whitening agent safe and reliable, will not adversely affect the human body and the environment.　　June 25, the Blue Moon also immediately issued a statement to fight back, one of the core content is the use of fluorescent whitening agent in full compliance with industry standards, is safe and environmental protection, the product by the State authority testing, quality, no irritation. June 23, Guangzhou Tianhe District Court to accept consumer Yemauliang sued the Blue Moon case. When the end of the year, the consumer double compensation request was dismissed. The case, the Blue Moon Company argued that the products involved by the relevant departments of sampling, the product fully qualified, in line with industry standards.　　In the judgment, the Court recognized the justification of the enterprise. July 8, 2011, Guangzhou Huangpu District Court to accept the Blue Moon v. Wang Hai Honorary infringement case.　　Blue Moon Company again, its added fluorescent brightener is safe and harmless, one of the reasons is that industry standards clearly indicate the type of fluorescent brightener that can be used to produce laundry detergent, and its added fluorescent brightener is within this range. The HUANGPU District Court has recognized the above statement and believes that if the defendant (Wang Hai) thinks that the industry standard is wrong, does not meet the protection of human healthKang and personal safety standards and requirements, the defendant can be based on scientific experiments or scientific demonstration of the facts and conclusions, to the relevant State authorities to recommend the revision of industry standards.　　The court finally found that Wang Hai constituted a reputation infringement, and sentenced his apology and compensation for 100,000 yuan.　　In a lawsuit, the Blue Moon Company eventually wins, and its product quality conforms to industry standards has become an important factor in the success of the case. The establishment of a small circle of standards it is understood that September 1, 2008, the implementation of the "qb/t2953-2008 detergent fluorescent Brightener" belongs to the light industry standards, by the Chinese Federation of Light Industry, by the National Standardization Center for surfactant washing supplies.　　The standard drafting unit is: China Daily-use Chemical Industry Research Institute, Shanghai-Li Asia-Japan Chemical Technology Co., Ltd., Shenyang New JI Chemicals Co., Ltd., Shaanxi Petrochemical Research Institute, Shanxi Qingshan Chemical Co., Ltd., Shanghai Yulong Chemical Co., Ltd. "Of the standard 6 drafting units, 4 companies in the production of fluorescent brightener, laundry liquid whitening agent for the main business, and Blue Moon Company and the standard organization of the drafters have a stake." Most crucially, the standard contains no reference to the risk assessment results of fluorescent brightener, safe dosage, risk and warning labeling methods to protect human health and personal and property safety of technical requirements.　　"Wang Hai has pointed out in the relevant litigation, the industry standards for the formulation and implementation of only a few years from now, it can be confirmed that in the detergent added" fluorescent brightener "safety problem has not been long-term research and practice. Wang Hai later in the interview with The Herald reporter also said that the domestic existing fluorescent brightener most of the paper is fluorescent whitening agent industry. In foreign countries, in addition to detergent industry, doctors, consumer organizations generally believe that fluorescent brightener is carcinogenic or potentially carcinogenic substances.　　In addition, smoking carcinogenic research after decades to reach a definitive conclusion, but at home and abroad there is no fluorescent whitening agent for more than 10 years of continuous micro-use of toxicological study, the risk of long-term micro-use is not fully determined. "All along, many of the product standards by a small number of experts, leading enterprises to control, has become a universal standard-setting problem." On the other hand, the consumer's right to participate is inadvertently ignored.　　"Hangzhou Citizens Zhang Renguang told the reporter, the relevant product standards, especially in relation to the public life of a variety of product standards, consumers should enjoy the right to participate and discourse." In fact, China's laws and regulations on the public participation in the formulation of standards, has made clear provisions. "Zhejiang Union law firm Shu Jun lawyer through the leader of the rights of QQ (541845077)," The People's Republic of China regulations on the implementation of standardization law, the establishment of national standards, industry standards and local standards should be organized by the user, production units and other experts to form a standardized technical committee, Be responsible for the technical review of standard drafting and participation in draft standards. "Industry standard-setting and management measures" stipulates that the industry standard drafting Unit shall organize scientific research, production andHouseholds and other personnel set up a working group to jointly draft. When the standards are examined by the Institute of Standardization Technology, they should be reviewed by experts from representative production, user and scientific research.　　"National Professional Standardization Technical Committee management Regulations" pointed out that the Technical committee members should have a broad representation, can come from enterprises, scientific research institutions, trade associations and consumers. Herald reporter learned that, in reality, the relevant standards in the process of making, there is little consumer figure. And the actual participants, there are countless "associations." With "Fluorescent brightener for detergent" as an example, the standard by the National Technical Committee for the Standardization of Surfactant and detergent (hereinafter referred to as the Standard Committee) drafted, formulated, and the standard Committee and endorsement of Industry interests of the trade associations are closely related.　　Public information shows that the first chairman of the Committee was chaired by the Honorary chairman of China Washing Products Industry association, and the second chairman was chaired by China Washing Supplies industry association. The drafting unit of the fluorescent whitening agent for detergent, in addition to 4 enterprises in the industry, another unit, "China Daily Chemical Industry Research Institute" and the relationship between the standard committee is unusual. The secretariat of the standard Committee is established in the China Institute of Daily Chemical Industry.　　The relevant professional committee of China Washing Products Industry association also relies on the institute.　　The lack of consumer's right of speech through the contact with the secretariat of the standard Committee, the reporter was informed that, although the Committee agreed that consumers should be involved, but by such conditions, "detergent fluorescent brightener" in the formulation process, in fact, there is no user, consumer participation. In communication with the Herald reporter, a member of the secretariat first questioned the definition of a consumer representative.　　In his view, everyone is a consumer, the standard committee not only from the production enterprises, but also from the Institute, tertiary institutions and representatives, as well as the competent departments, government agencies, they are consumers, and therefore the development of standards to meet the requirements. At the same time, the person also admits that the formulation of fluorescent agent standards, the actual lack of direct consumer participation. "The consumer even if participates in, also does not understand, does not engage in this profession, he can understand?" Give you a voice, you can not say 12345 ah. In addition to participate in standard-setting, but also related to the cost of expenses, the standard Committee does not have the money, it is impossible to provide funds, the participants are themselves to solve the funds, and consumers may not be able to afford, also can not bear!　　The person said. It is also reported that in order to ensure the participation of consumers, the process of making the standard is open. The relevant information is published on the website of the China Daily Chemical Industry Research Institute, and even if the consumers do not participate in the meeting, they can still make comments. "However, we have not received submissions in a personal form."　　The person said that they seek public opinion through the website, but there is no consumer participation, that is the other thing, they can not be the street to pick people to participate. How much attention can you make through the openness of your website? How much information is available to the public? Herald reporter in this question. The other person replied that ifIt is also impossible to solve the costs involved in the announcement. The main drafters of the fluorescent brightener for detergents are from two research institutes and 4 companies. Is this pattern widespread? In this connection, the Chairman of the Committee's secretariat pointed out that 6 units had already been counted, and that the drafting of other national standards was generally only three or four.　　So the participation of 6 units is wide enough. The pattern of interest needs to be reshaped in response to the reporter's interview, Hangzhou Public Zhang Renguang that the enterprises, scientific research institutions, the government departments of the people confused ordinary consumers, and "Everyone is consumers" is clearly in the "swap concept." From normal thinking to understand, the relevant provisions of the "user", "consumer" should be independent of the above-mentioned personnel, and the parties have no interest, regulatory relations, and represent the interests of consumers of independent third parties.　　Moreover, the relevant legal provisions have been set up by the group separately to distinguish it from the personnel of other units and agencies. "In addition, the financial difficulties raised by the Committee also exposed a difficult problem to be solved in standard setting." The existence of this situation will only further aggravate the control rights of a few oligarch enterprises and a few experts and scholars who endorse the standard. "Zhang Renguang that through institutional design to solve the shortage of funds is not insurmountable problem, the key is whether there is a willingness to do so."　　Perhaps they do not intend to break the status quo, but more happy in this situation of long-term sustainability. "Ordinary consumers do not understand the professional knowledge, difficult to participate in it, this is not the reason for the exclusion of consumers, China's large population, connoisseur-type consumers still have." And with the growing strength of the relevant consumer groups, they are fully capable of getting involved in such matters.　　"Hangzhou Citizen Zhang Renguang said he himself is an ordinary consumer, but the product standard research is one of his hobbies, if have the opportunity to participate in the development of relevant standards, he will be very interested."　　Zhang Renguang pointed out that no matter what objective conditions are based, including "detergent fluorescent brightener", including a number of national standards, industry standard, its formulation process, the consumer participation right, the right to speak in fact did not achieve effectively, this in the process of defects in the standard, from the date of birth is "congenitally deficient." "At present, a lot of consumer safety topics, in the final analysis is the standard problem, but our country's many product standards, in fact, not ' standard ', unfair, unfair, nor scientific, but not advanced." Through the control of the standard-setting right, the Prince of the Emperor to make the situation of the princes abound. "Zhejiang Province Consumer Security Committee social supervisor Shen Tian told the Herald reporter, standard formulation, has the right to vote is often some do not understand the official, the actual operation, drafting, revising, discussion of the personnel is the representative of the enterprise, industry representatives, and the real stakeholders are excluded, such an abnormal situation needs to be improved.