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No. 4 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 4 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wu Hailin v. Zhu Wangqi (Dispute over the protection of consumer rights)
最高人民法院公布10起维护消费者权益典型案例之四、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之四:吴海林诉朱网奇消费者权益保障纠纷案
【法宝引证码】
  • Type of Dispute: Civil-->Tort
  • Legal document: Judgment
  • Procedural status: Retrial

No. 4 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 4 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wu Hailin v. Zhu Wangqi (Dispute over the protection of consumer rights)
(Dispute over the protection of consumer rights)
最高人民法院公布10起维护消费者权益典型案例之四、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之四:吴海林诉朱网奇消费者权益保障纠纷案
No. 4 of Ten Model Cases Involving the Protection of Consumer Rights Issued by the Supreme People's Court, and White Paper No. 4 of Status of the Safeguarding of Consumer Rights by the People's Courts (2010-2013) Issued by the Supreme People's Cour: Wu Hailin v. Zhu Wangqi (Dispute over the protection of consumer rights) 

最高人民法院公布10起维护消费者权益典型案例之四、最高法院发布《2010-2013年人民法院维护消费者权益状况》白皮书之四:吴海林诉朱网奇消费者权益保障纠纷案

—Where a vendor makes misrepresentation on dietary supplements, after a consumer knowingly purchases a counterfeit commodity, the consumer is entitled to claim “refund of price paid and damages in the amount of price paid” from the vendor. 

——销售者对保健用品作虚假说明,消费者知假买假后有权向销售者主张“退一赔一”曾经瘦过你也是厉害
1. Basic Facts聊五分钱的天吗 (一)基本案情聊五分钱的天吗
Chunhe Pharmacy was operated by Zhu Wangqi. From March to August 2009, Wu Hailin purchased on eight occasions a total of ten cases of Guang'entang Huo's Xianqing Sprays from Chunhe Pharmacy, with a total price of 3,080 yuan. As stated on the outside of packages, they were products of Lhasa Guang'entang Biotechnology Co., Ltd. (hereinafter referred to as “Guang'entang Company”) but manufactured by Guizhou Miaorentang Biopharmaceutical Technology Co., Ltd. (hereinafter referred to as “Miaorentang Company”) upon authorization. The production approval certificate (Shaanxi FDA, Dietary Supplements No. 06070258) for the Miaoling Xianqing Spray obtained by Miaorentang Company in 2006 was legally cancelled by the Shaanxi Food and Drug Administration in an announcement issued in July 2008, and it was clearly stated in the announcement that “continuing production with the former approval certificate is deemed illegal production.” Wu Hailin filed a lawsuit with the People's Court of Chong'an District, Wuxi City, Jiangsu Province, claiming that Zhu Wangqi should refund 6,160 yuan to him including damages of the same amount of price paid. Zhu Wangqi argued that Wu Hailin was not a consumer because he purchased counterfeit commodities on purpose and the court should dismiss the claims of Wu Hailin. The court of first instance entered a judgment to dismiss the claims of Wu Hailin. After his appeal was also dismissed, Wu Hailin filed a petition for retrial. 春和大药房由朱网奇经营。2009年3至8月间,吴海林在春和大药房先后8次购买广恩堂牌霍氏鲜清喷剂10盒,金额共计3080元。产品外包装盒注明该产品出品单位为拉萨广恩堂生物科技有限公司(以下简称广恩堂公司),该产品委托生产商为贵州苗仁堂生物医药科技有限责任公司(以下简称苗仁堂公司)。苗仁堂公司于2006年取得的苗灵牌鲜清喷剂的保健用品陕食药监健用字06070258号生产批准证书已于2008年7月被陕西省食品药品监督管理局依法公告注销,且该公告中明确“凡以原批准文号继续生产的,应视为违法生产行为”。鉴此,吴海林向江苏省无锡市崇安区人民法院起诉,请求朱网奇加倍赔偿其6160元。朱网奇认为吴海林知假买假不是消费者,应当驳回起诉。一审法院判决驳回吴海林的诉讼请求。吴海林上诉被驳回后又申请再审。
2. Judgment卧槽不见了 (二)裁判结果
At retrial, the Intermediate People's Court of Wuxi City held that: In transactions, dealers and consumers should adhere to the principles of free will, equality, fairness, and good faith. A dealer should provide a consumer with the true information on the relevant commodity or service, and may not make any misleading and false publicity. The Guang'entang Huo's Xianqing Sprays purchased by Wu Hailin from Chunhe Pharmacy were all manufactured by Miaorentang Company. Considering that it was illegal for Guang'entang Company to authorize Miaorentang Company whose production certificate had been cancelled to manufacture the Xianqing Spray and there was misleading and false product publicity, it should be determined that Chunhe Pharmacy had committed a fraud in selling the aforesaid products and should pay damages to the consumer as required by the consumer and the damages should be equal to the price paid by the consumer for the products. In this case, the claim of Wu Hailin that Zhu Wangqi, owner of Chunhe Pharmacy, should pay 6,160 yuan in total to Wu Hailin, including damages in the amount of the price, 3,080 yuan, paid by Wu Hailin for the products, should be supported. Therefore, the court entered a judgment requiring Zhu Wangqi to pay 6,160 yuan to Wu Hailin. 无锡市中级人民法院再审认为:经营者与消费者进行交易,应当遵循自愿、平等、公平、诚实信用的原则。经营者应当向消费者提供有关商品或者服务的真实信息,不得作引人误解的虚假宣传。吴海林在春和大药房购买的广恩堂牌霍氏鲜清喷剂均由苗仁堂公司生产。鉴于广恩堂公司委托已被注销生产许可的苗仁堂公司生产鲜清喷剂属违法行为,且该产品存在引人误解的虚假宣传,故春和大药房销售上述产品应认定为存在欺诈行为,应当按照消费者的要求增加赔偿其受到的损失,增加赔偿的金额为消费者购买商品的价款的一倍。本案中吴海林要求春和大药房业主朱网奇增加给付其购买产品价款3080元的一倍赔偿共计6160元的诉讼请求,应予支持,故判决朱网奇赔偿吴海林6160元。
     
     
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