What are the penalties for selling three-no products?
In recent years, with the rapid development of e-commerce platforms, sales problems of three-no products (no production date, no quality certificate, and no manufacturer) are common. Such products not only harm the rights and interests of consumers, but may also pose a threat to public safety. So, what are the penalties for selling three-no products? This article will give you a detailed analysis based on laws, regulations and actual cases.
1. What are three-no products?
Three-no products refer to products with no production date, no quality certificate (or production license), and no manufacturer information. According to the "Product Quality Law of the People's Republic of China", the product or its packaging must be marked with the factory name, factory address, production date, shelf life and other information, otherwise it will be considered a substandard product.
2. Legal consequences of selling three-no products
Selling three-no products is illegal. Depending on the severity of the case, you may face the following penalties:
| Penalty type | Legal basis | Specific punishment measures |
|---|---|---|
| administrative penalty | Article 49 of the Product Quality Act | Order to stop sales, confiscate illegal products, and impose a fine of not less than 50% but not more than three times the value of the goods |
| criminal liability | Article 140 of the Criminal Code | If the sales amount is large or serious consequences are caused, it may constitute the crime of "producing and selling counterfeit and inferior products" and may be sentenced to up to life imprisonment. |
| civil compensation | Article 55 of the Consumer Rights Protection Law | Consumers can request a refund of one and three indemnity. If personal injury is caused, they must also compensate for medical expenses, mental losses, etc. |
3. Typical case analysis
1.Cases of e-commerce platform merchants being fined: In 2023, an e-commerce merchant was investigated and punished by the market supervision department for selling power banks without factory names and certificates, and was fined 20,000 yuan and removed all products from the shelves.
2.Offline store criminal punishment cases: In 2022, a merchant in a wholesale market caused food poisoning to many consumers due to long-term sales of Sanwu food. He was eventually sentenced to 5 years in prison for "selling counterfeit and inferior products."
4. How to avoid selling three-no products?
1.Strictly review suppliers: Ensure that the partner has production qualifications and product quality certification.
2.Self-check product labels: Check whether the product packaging is labeled with complete information before putting it on the shelves.
3.Pay attention to consumer feedback: Handle complaints in a timely manner to avoid expanding the problem.
5. How do consumers protect their rights?
1. Keep proof of purchase and evidence of the defective product.
2. Complain to the platform or merchant and ask for return, exchange or compensation.
3. Dial 12315 to report to the market supervision department.
Summary: Selling three-no products will not only face high fines, but may also bear criminal liability. Merchants should strictly abide by laws and regulations, and consumers also need to be vigilant and jointly maintain market order.
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