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No.7 of Ten Model Cases of Consumers' Rights Protection Published by the Supreme People's Court: Yu Aoyong v. Bi Liping (Case of dispute over the liability of the product seller)
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最高人民法院发布10起消费者维权典型案例之七：于奥泳诉毕丽萍产品销售者责任纠纷案
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No.7 of Ten Model Cases of Consumers' Rights Protection Published by the Supreme People's Court: Yu Aoyong v. Bi Liping (Case of dispute over the liability of the product seller)
(Case of dispute over the liability of the product seller)
最高人民法院发布10起消费者维权典型案例之七：于奥泳诉毕丽萍产品销售者责任纠纷案
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| No.7 of Ten Model Cases of Consumers' Rights Protection Published by the Supreme People's Court: Yu Aoyong v. Bi Liping (Case of dispute over the liability of the product seller) | | 最高人民法院发布10起消费者维权典型案例之七：于奥泳诉毕丽萍产品销售者责任纠纷案 |
| -- Where an operator misleads a consumer and commits commercial fraud through misleading propaganda of its health products, the consumer should be entitled to request the operator to refund the payment for goods and pay treble damages. | | ——经营者对其保健用品作虚假宣传，诱导消费者购买，构成商业欺诈，消费者有权请求经营者退还货款并支付货款三倍的赔偿 |
| (1) Basic Facts | | （一）基本案情 |
On April 16, 2014, Yu Aoyong bought two sets of Shuangning functional health mattress, 200mm*150mm*12mm, at the price of 14,100 yuan. After use, the mattress was found to have no functions of preventing cancer, restraining cancer cells from growing, treatment and prevention, among others, as publicized by Bi Liping. Therefore, Yu Aoyong filed a lawsuit with the People's Court of Torch High-tech Science Park, Shandong Province and held the opinion that Bi Liping committed fraud, requesting Bi Liping to refund 28,200 yuan of payment for goods and pay treble damages of 84,600 yuan.
．．．．．． | | 2014年4月16日，于奥泳在毕丽萍处以14100元的价格购买双宁牌功能性保健床垫二套，规格为2米×1.5米×0.12米。经使用，该床垫并没有毕丽萍宣传的预防癌症发生、抑制癌细胞生长、治病防病等功能。为此，于奥泳向山东省威海火炬高技术产业开发区人民法院起诉，主张毕丽萍的行为对其构成欺诈，请求判令毕丽萍退还货款28200元，并按购货价款三倍赔偿其84600元。
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