The new Consumer Rights Protection Act will be implemented

The new Consumer Rights Protection Act will be implemented from March 15 this year. Recently, Yuexiu court judges to the new law of the seven highlights of the interpretation, and the combination of typical cases to consumers put forward targeted recommendations.

Case: Food Safety "refund Ten"

Xiaozheng (alias) in a large chain pharmacy bought 7 boxes of health care products totaling 1736 yuan, the package shows ingredients including "food additive (D-mannitol)", Xiao Zheng did not take the purchase of health care products, but he believed that the additive violated the state-related food safety standards, so sued the product manufacturers and distributors involved , and asked for "a refund of ten."

The court heard that the controversy in the case focused on whether the D-Mannitol added to the product was in compliance with the food safety standards, that the products involved were fixed beverages, not fructose, and that the permitted use of D-mannitol was limited to fructose, and therefore, according to the use of food additives, The manufacturer's addition of D-Mannitol to the product involved does not conform to food safety standards. Therefore, the plaintiff's demand for support, the judgment of the manufacturer compensation 10 times times that is 17360 yuan compensation to the plaintiff.

Judge comments: The production or sale of food that does not meet food safety standards, consumers in addition to claims for damages, but also can require producers or sellers to pay 10 times times the price of compensation, the request does not take place in the consumer actual personal injury consequences as a prerequisite.

Seven Highlights

1) "Fake buying false" does not affect the right to claim compensation

The old law stipulates that if consumers are aware of defective products, they may not claim punitive damages, but the new elimination method is amended as follows: "Because of the food, the quality of drugs disputes, the buyer to the producers, sellers assert rights, producers, sellers in the buyer know that food, drugs exist quality problems and still buy as a defense, The people's Court does not support. The behavior of "knowing and buying fake" does not affect consumers ' rights and interests.

2 online purchase of goods, the right to have no reason to return within 7th

The new law stipulates that if the operator uses the network, television, telephone, mail order and other means of selling goods, consumers have the right to return from the date of receipt of goods within 7th, and do not need to explain the reasons. That is, the new extinction law gives consumers the right to return without reason.

3 unfair unreasonable "form clause" all invalid

The contents of any exclusion or restriction of consumer rights, mitigation or exemption of liability of the operator, and aggravation of consumer liability are not fair and unreasonable in terms of form, notice, declaration, shop notice, etc. In other words, in the real life of many businesses in its shop Express "open bottle fee", declined to bring drinks, "goods one out of the door is not refundable" and other unreasonable overlord clause is not legal.

4) pay more attention to protect consumer's personal information

The new law stipulates that the operator and his/her staff must keep confidential the personal information collected by the consumer, and shall not disclose, sell or illegally provide it to others. The operator shall take technical measures and other necessary measures to ensure the safety of information and prevent the disclosure and loss of personal information of consumers.

5 can claim to network trading platform provider

Network trading platform Provider is what we usually understand the "electric quotient", that is, the cat, Taobao and other online shopping platform, the new law stipulates that if the network trading platform providers can not provide infringement of the seller or the real name of the service, the address and effective contact, consumers can be to the network trading platform providers to seek compensation.

6 The amount of punitive damages is 500 yuan

When the operator has fraud, the old law stipulates to bear the responsibility of "return one loss one", but the new laws will further increase the punishment to "refund three", and the minimum is not less than 500 yuan.

7) associations have the right to bring public interest litigation

The new law stipulates that for the infringement of the legitimate rights and interests of many consumers, the consumer association has the right to sue the people's Court for the infringement of rights and interests, which is the first time that the consumer association can be the subject of public interest litigation in the existing entity legal system.