Beijing, March 1 (Reporter Wang Ning) Five months ago, Mr. Lu’s wife, Chen Mou, bought four boxes of "self-hi-pot garlic-scented clam powder" online. After eating three boxes with her daughter and mother, they all developed symptoms such as vomiting, fever and diarrhea. Among them, Chen Mou died after being rescued. The appraisal books made by the Judicial Appraisal Center and the Public Security Bureau all said that the possibility of acute poisoning death due to eating "self-cooked garlic fragrant clam powder" could not be ruled out. After the negotiation failed, Mr. Lu proposed to the merchants to compensate the deceased and the injured for various losses of more than 1.76 million yuan.
However, on an e-commerce platform, a flagship store selling "Clam Powder with Garlic Fragrant Flower" marked the promotional picture of the same product in the store as "Clam Powder with a price of 1.76 million yuan", and the picture of "Description of Clam Powder with Garlic Fragrant Flower" was also displayed at the bottom of the page, with the content of "The woman died after eating hot pot". In this regard, the customer service staff of the self-proclaimed pot responded that "this is not a propaganda map" and said that the description and pictures are "teasing" about related events, in order to let customers know the real situation of the event more intuitively.
Experts said that enterprises launched such pictures in the flagship store of e-commerce platform, insinuating consumers’ claims with ridicule and innuendo, or expressing dissatisfaction with consumers’ claims, lacking sympathy and empathy, which seriously hurt the feelings of consumers and violated public order and good customs.
The price of clam powder is 1.76 million? Merchant response: it is ridiculous.
An e-commerce platform from the flagship store of the pot "the price is 1.76 million rich clam powder" (the picture sent by Yangguang. com comes from the screenshot of the flagship store of the pot).
On February 27th, the reporter saw in this flagship store that the product drawing on the product details page was marked with "rich clam powder with a price of 1.76 million yuan". The product is described as "self-cooking pot for getting rich" and self-heating pot for supper is convenient for lazy people in online celebrity to eat fast food ",and the origin is shown as" Henan ",with two flavors. In addition to the product introduction diagram, the picture of "Description of Garlic-scented Clam Powder Incident" is also displayed at the bottom of the page, including the related report picture of "Woman died after eating hot pot", and the inspection report (No.1638, WS Class 2022 SP) and other pictures.
Among them, the "Description of Garlic-scented Clam Powder Incident" mentioned that "20 batches of garlic-scented Clam Powder products commissioned by our company (Chongqing Golden Antelope E-Commerce Co., Ltd.) have recently experienced online public opinion incidents, and in view of this situation, our company hereby makes the following explanation to your platform" and other contents.
In addition, the reporter also saw related pages and pictures in the flagship store of another e-commerce platform. On the 27th, when the reporter consulted the customer service as a consumer, the customer service staff said, "This is the product name, and the page has a detailed explanation."
The store customer service responded that "the price of 1.76 million rich clam powder" was ridiculous.
"This is not a propaganda map. The product is not priced at 176W, which is not the normal product price. The picture is to answer the incident." At the same time, the customer service also sent a test report, saying that this is a "teasing". "After all, this matter has a great impact on us, just to let customers intuitively understand the real situation of this matter."
For the above situation, on March 1, the reporter called Lei Yingjun, the person in charge of food safety related to the self-pot brand, to find out. The person in charge said, "I don’t know, I don’t understand, please ask someone else." Then hung up the phone.
Fu Jian, director of Henan Zejin Law Firm, believes that according to the relevant provisions of the advertising law, the product details page directly or indirectly promotes goods and services through words, pictures and other forms, which belongs to the advertising category and is regulated by the advertising law. No matter what the final result of this rights protection event is, a product of Zihiguo takes the picture marked "Get Rich Clam Powder, with a price of 1.76 million" as the main picture of the product promotion, and shows the picture of the news related to the victim’s rights protection event on the product details page, which obviously means ridicule and insult, seriously hurts public feelings, violates public order and good customs, and violates the situation that advertisements stipulated in Article 9, paragraph 6, of the Advertising Law cannot have, and should be punished accordingly. As a platform for advertising, e-commerce platform has the responsibility of audit and supervision.
The woman died after eating hot pot? Family response: still defending rights
It is understood that "self-cooking garlic fragrant flower clam powder" is not a new product, and it is suspected to be related to an incident reported by the media before.
On August 30th, 2022, Mr. Lu’s wife, Chen Mou, bought four boxes of "self-hi pot garlic fragrant clam powder" on the online shopping platform. On the evening of September 7th, 2022, his wife, Chen Mou, his daughter and mother-in-law ate three boxes of self-help pots together. After that, symptoms such as vomiting, fever and diarrhea appeared, and the hospital initially diagnosed food poisoning. At 1 o’clock in the morning on September 14th, Chen Mou’s condition continued to deteriorate, and he died after being rescued. The other two people gradually recovered. The appraisal books made by the judicial appraisal center and the public security department all state that the possibility of acute poisoning death caused by eating "self-cooking garlic fragrant clam powder" is not ruled out. After the negotiation failed, Mr. Lu proposed to the merchants to compensate the deceased and the injured for various losses of more than 1.76 million yuan.
According to the report released by Red Star News on February 10th, "The woman died after eating hot pot? Police identification: it is not excluded that the family members may claim 1.76 million yuan for the death caused by acute poisoning due to eating. It is said that the person in charge of food safety of the self-pot brand has responded to the media and said that an investigation has been launched. "The whole production process, including the transportation process and the results of the sample inspection, all point to the food safety problems in this batch."
Appraisal opinion issued by Kunming Medical University (photo courtesy of interviewee issued by Yangguang. com)
On February 27th, the reporter asked again about the pot, and the customer service staff of the brand responded that its product testing met the requirements of market management and had qualified test reports. "If this incident is indeed our problem, it has long been seized, and the relevant departments can’t be qualitative."
Products eaten by Mr. Lu’s wife before her death (Photo courtesy of the interviewee sent by Yangguang. com)
"I feel very chilling." Regarding the picture of "Clam powder with a price of 1.76 million yuan for getting rich" posted on the flagship store of the e-commerce platform and the setting of such a page, Mr. Lu said that since the pot claimed that its products were no problem, his claim plan was not recognized. At present, his wife’s body and samples are still sealed, and he is taking judicial channels and waiting for the court’s decision. For the behavior of publishing the above pictures from the flagship store of Higuo, he may advocate mental compensation for losses.
Expert: Family members with certain provocative and aggressive behaviors can make corresponding mental compensation according to law.
Many consumers think that it is very inappropriate to publish such pictures in the official flagship store. The behavior of the company has the meaning of insulting the deceased, which makes people feel very uncomfortable. Even if the product quality is no problem, they are unwilling to buy its products again.
Chen Yinjiang, Deputy Secretary-General of china law society Consumer Rights Protection Law Research Association, said that enterprises posted such pictures in the flagship store of e-commerce platform to insinuate consumer claims, or implied dissatisfaction with consumer claims, lacking empathy and sympathy, which not only insulted the deceased, but also seriously hurt the feelings of consumers, and should be strongly condemned, and at the same time called on the platform to remove them.
He also said that this kind of behavior is provocative and aggressive, which may cause mental harm to family members, and corresponding mental compensation can be proposed according to law.
Fu Jian said that according to Article 3 of the Supreme People’s Court’s Interpretation on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts, after the death of a natural person, others infringe on the reputation of the deceased by insulting, slandering, derogating, vilifying or violating social public interests and social morality, and their close relatives suffer mental pain due to the infringement, they can sue in the people’s court for compensation for mental damage. In addition, publicly insulting others is also suspected of violating the People’s Republic of China (PRC) Public Security Administration Punishment Law, and serious cases may be suspected of committing crimes.
Liu Junhai, a professor at the Law School of Renmin University of China and vice president of China Consumers Association, said that the relatives of the deceased claimed 1.76 million yuan in civil damages. No matter whether the 1.76 million yuan can be supported by the people’s court after filing a lawsuit, the merchants can’t speculate with 1.76 million yuan, let alone use it as a gimmick to humiliate the families of the deceased.
Liu Junhai said that businesses have the obligation to ensure the safety of their products, and consumers have the right to personal safety according to law after purchasing goods. As far as this case is concerned, since there is a dispute between consumers and businesses, and both sides hold their own words, in addition to the intervention of public security organs, civil proceedings can also be initiated. If the merchants prove that their products are really fine, but consumers are still dissatisfied, the people’s court may also entrust a neutral third-party institution to make a fair appraisal to help the court find out the facts as soon as possible and properly resolve the dispute in this case.