[straight news network Beijing on August 25 news (Kunming daily) on June 30, citizen Mr Li in jianzhijia chain health pharmacy purchased a few bottles of imports into the United States "love our union linseed oil compound soft capsule", the sales clerk, Mr. Li to buy that, the coenzyme Q10 content for every grain of 60mg.

Mr. Lee believes that jianzhijia knowingly sells food does not conform to the national food safety standards still for sale, sued to the court, requesting an order jianzhijia refund the purchase payment of capsule and 10 times the compensation. Yesterday, Panlong District People's court hearing the case.

Reason

Coenzyme Q10 excessive consumer claims 10 times compensation

Because of the need of life, Mr. Li usually like to study some health care food. June 30 this year, he in jianzhijia pharmacies bought several bottles of imports into the United States "love our union linseed oil compound soft capsule", at the time of purchase found the product ingredient is added with coenzyme Q10, jianzhijia sales clerk told Mr. Lee, the content of coenzyme Q10 for every grain of 60mg, on the human body well.

Hear the sales clerk said "good for the human body". The next day, Mr. Li again to jianzhijia pharmacy bought a number of our union linseed oil compound soft capsules, twice to buy a total of 36 bottle.

"However, I have to buy after the query only know that the capsule contains coenzyme Q10 is excessive. According to the document issued by the food and Drug Administration of our country, the daily consumption of coenzyme Q10 should not exceed 50mg." Mr. Li said jianzhijia pharmacy as a professional engaged in pre packaged food wholesale and retail enterprises, familiar with China on food production and sale of relevant laws, regulations and quality standards, but its still selling coenzyme Q10 exceeded the health care products, sales behavior should regarded to knowingly sells the sale of food does not conform to the national food safety standards still for sale, shall bear the liability for compensation.

On July 13, Mr. Lee will Yunnan jianzhijia chain health pharmacy v. court, request ordered compensation for the purchase of involving food to pay the purchase price $10147.2; 10 times the compensation in accordance with the provisions of the "food safety law", that is 101472 yuan.

question the witness

Coenzyme Q10 is natural or artificial add?

Yesterday's trial, the original defendant, the parties did not appear in court, only acting lawyers to appear in court. Lee v. said jianzhijia pharmacy in the sales of the case involved product, did not achieve the national health food approval certificate, that is ordinary food, while the sales of the products involved in artificial illegally added only add in the health food of coenzyme Q10.

"This case involved in the food of coenzyme Q10 and non-human to add, but from raw materials in the natural ingredients, we have a certificate to prove." Jianzhijia pharmacy attorney argued, the presence of coenzyme Q10 performance for naturally occurring in vegetables and chemical refining two, the case involving food v. is not human, only adding chemicals coenzyme Q10, but food raw eggplant powder itself contains a small component of coenzyme Q10, so eggplant powder as its raw materials, inevitably will eggplant naturally contains coenzyme Q10 into involving food v..

The lawyer said, "love our union linseed oil compound soft capsule" is a common food imports, rather than health care products and the food has been made according to the law the health certificate of inspection and quarantine, the inspection in accordance with the requirements of the national food safety standards. Although the coenzyme Q10 is state explicitly prohibit the singly and artificially added to ordinary food, but in China there is no relevant laws and regulations to prohibit containing coenzyme Q10 eggplant powder as common food ingredients.

Therefore, the lawyers believe that Mr. Li jianzhijia groundless accusations sales of food artificially added coenzyme Q10 has no basis in fact.

Analysis

According to the rights or fake occupation?

"Jianzhijia pharmacy is knowing the sale of food does not meet the national food safety standards are still for sale." Mr. Lee's attorney said. At the same time, the law provides a verdict show, at the end of last year, jianzhijia pharmacy had because of coenzyme Q10 food amount exceeds the prescribed limit, was convicted of 10 times the compensation.

In this regard, jianzhijia lawyers believe that the verdict involving products and in this case, the food is not the same type, so with this case has no relevance. "After the plaintiff to buy things immediately filed a lawsuit against the court claims that he was not involved in the purchase of products involved in the life needs, but the use of judicial resources to seek compensation for malicious acts."

  Mr. Lee is not known to buy fake? Is its behavior protected by law?

Mr. Li's lawyer said negative, Mr. Lee does not buy fake, fake people not more occupation.

"Whether the law or judicial practice, there are different understanding of the fake buy fake, some court support, and some courts are not supported." Sun Wenjie, Yunnan Lingyun, deputy director of the law firm, in practice, professional fake people difficult to determine the identity, professional fake itself is a "double-edged sword". On the one hand can of fake and shoddy behavior to control, curb, but may also cause problem of market order. According to China's national judicial explanation: due to the problem of food and drug quality disputes, buyers claim the rights to producers, sellers, producers and sellers who knowingly to purchase food, medicines exist quality problems and still buy on the grounds of defense, the people's court does not support.

Therefore, at present, it is still under the protection of the law to buy fake behavior." Sun Wenjie said.

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