Complainant: Ms. Wang

Complaints time: April 1st

Direct reporting network in Beijing in April 21st (rule of law), I participated in a health care products Co., Ltd. held a product promotion, the meeting was mostly in the area where some of the body more obese middle-aged people. At the meeting, the sales staff will be the effect of their company a TR90 slimming products say miraculous claims that obese people as long as adhere to the use of a period of time, there will be a very good effect reducing weight.

At that time I trusted each other verbal propaganda, there is no aware of their existence of exaggerated propaganda, under staff's repeated lobbying, I in the company store in Hongkou for family and relatives purchased three sets the company TR90 slimming products, for a total amount of 2.5 million yuan. Sales staff also for us, they belong to the direct selling enterprises, who buy their products, company commitment in unopened, consumers can apply for return within 90 days.

However, I took the product more than a month later found that the effect of weight loss is not as good as the sales staff said, did not achieve the company's publicity when the claimed weight loss effect. So I went to the store, in a timely manner to the relevant responsible person reflects the situation, and asked the unopened edible products for return processing. Store related staff has recommended me, and then take a period of time to see how the effect.

Taking into account the price of the product is not cheap, I accept the proposal of the staff. I took more than a month, or no weight loss effect. When I put forward the return request, but was told to buy the product has exceeded the 90 day return period, so I can not meet the demand for return.

I repeatedly negotiated with the company, the other party has not agreed to return. So I and the media complaints to the Consumer Protection Committee of Hongkou District.

Reporter connection

Ms. Wang received the complaint, the Hongkou District Consumer Protection Committee immediately involved in the investigation and coordination.

Ms. Wang complaints focus into two: reflect operators through meetings and other sales of health food, exaggerated propaganda of the problems existed in the sales process; the second is operator promises to return is not fulfilled, and return the request was turned down.

According to the provisions of Article 20 of the law on the protection of rights and interests of consumers: operator to consumers provide information about the goods or services of quality, performance, use and effective period, it should be real, comprehensive, and shall not make false or misleading propaganda. " Consumer Protection Committee believes that, although Ms. Wang reflect operators have exaggerated, false propaganda behavior, but not through the provide relevant evidence, including promotional materials or audio and video recording of the propaganda to justify and lead to mouth said rumor. In this regard, the administrative department of publicity in the supervision of such difficulties.

At the same time, according to the provisions of Article 25 of the "direct management Ordinance": "direct selling enterprises should establish and implement a complete replacement and return system. Consumers from the purchase of products direct within 30 days from the date of the product is not Kaifeng can rely on direct selling companies issuing the invoice or sales voucher to the direct selling enterprises and their branches, the location of service outlets or sell products sales agents for replacement and return. " But the manager said, the company promised to return period for 90 days, has exceeded the valid return period.

The Consumer Protection Commission told reporters that although Ms. Wang in taking the product for more than a month when he proposed to the company return requirements, but can not provide relevant evidence. The operator said, never before received Ms. Wang proposed to return the application, now has more than 90 daily return time, so don't Miss Wang for return procedures.

Lawyers say

Ms. Wang's return requirements should be supported? Consumer rights through direct way to buy health food? The reporter asked the Beijing Guan Dao (Shanghai) Ge Zhihao law firm lawyers for the reader support weapon.

Gregory lawyer analysts believe that in this case, the behavior of businesses there are two points worth of consumer concern. The first is whether the business with the state of direct selling enterprise qualification, the second is whether the business of the salesman in the marketing of products suspected of false propaganda during the.

According to Ms. Wang said, in the product promotion meeting, business employees sell slimming products directly to them and then form similar to the direct." Gregory lawyer said, according to the state regulations for direct selling enterprises, employees are qualified, whether through the direct selling business department of industry and commerce registration and filing in the relevant departments, these factors are the key. Because without the direct qualification, sell goods to consumers by the method of behavior in violation of mandatory provisions of laws and regulations too, sales contract, businesses should refund.

Gregory lawyer said that if the business has the qualification of direct selling enterprises, then from the point of view expressed in Ms. Wang, sales personnel also suspected of false propaganda, especially for weight loss this so-called "result" is absolute propaganda. This behavior if it is identified as false or intentionally exaggerated product function, belongs to the fraud in the consumer protection law, under such circumstances, businesses should not only refund, it should also be given to the highest equivalent to three times the payment of compensation.

This reporter has learned that at present a similar situation occur from time to time, is undesirable businessman makes full use of the people of healthy psychological urgent demand, the second is the standard form of people of direct selling enterprises and not enough understanding, it is necessary to make a popular.

According to the "direct selling regulations", direct selling enterprises should normally have the following characteristics: first