Cordyceps sinensis, which can be eaten, is still produced after being banned, and merchants are judged to constitute fraud.

The advertisements were all the rage in previous years

Cordyceps sinensis that can be eaten -extremely grass

A few years ago, production was prohibited from being prohibited by heavy metal arsenic.

But the lawsuit against the Grass has not stopped

1

Consumers spend 12966 yuan

Buy two boxes of extremely grass

After learning that the product has been banned from production

Prosecutor’s request for "retreat one pay three"

A few years ago, the "Grass" TV advertisement that "Cordyceps sinensis can be eaten now" was all the rage.

Later, as "pole grass" was banned from production due to arsenic exceptions, advertising quickly disappeared, and relevant manufacturers were therefore sued by consumers and sentenced to punitive compensation.

A judgment announced by the Beijing Haidian District People’s Court on August 2 shows that another merchant was sentenced to "retreat one three" for fraud because of sales problems.

Things have to start in 2016.In December of that year, Beijing Consumer Liu Yan Qinghua 12966 yuan purchased two boxes of polar grass 5X Cordyceps sinensis pure powder at Ji Cao Spring (Beijing) Technology Co., Ltd. (hereinafter referred to as Jicao Company).Limited (hereinafter referred to as Spring Company), the production date is March 1, 2016.

Later, Liu Yanqing learned that due to problems such as arsenic content in "pole grass", the relevant state departments issued a letter in 2015 to ask Spring Company to stop the production of polar grass products.

As a result, Liu Yanqing sued with the People’s Court of Haidian District, Beijing City on the grounds that Jiwu Company constituted fraud, and asked the court to "refund one three" to it based on the Consumer Rights Protection Law.

2

Jicao Company argued

Arsenic is made of Cordyceps sinensis.

Reminder on the instructions and labels

It should not be taken for a long time

The maximum daily amount does not exceed 35 grams

On February 4, 2016, the "Consumption Tips on Cordyceps Sandwear Products" issued by the former State Food and Drug Administration stated that the results of the monitoring and inspection showed that the arsenic content of Cordyceps sinensis, Cordyceps sinensis powder and pure powder sheet products was 4.4 ~9.9 mg/kg.Cordyceps sinensis belongs to Chinese medicinal materials and is not a dual -purpose substance.Relevant experts analyze and judge that the arsenic limit value in the national safety standard of health food is 1.0 mg/kg, and long -term consumption of Cordyceps sinensis, Cordyceps sinensis powder and pure powder tablets will cause excessive arsenic intake, and may accumulate in the human body.Essence

Ji Cao Company argued that the prompt not only shows that Cordyceps sinensis pure powder contains arsenic, and Cordyceps sinensis and Cordyceps sinensis powder also contain arsenic.Qinghai Spring Company, as a pure powder production enterprise for Cordyceps sinensis, is made of non -additive pieces of pure powder, 100%Cordyceps sinensis. The arsenic in the product is naturally enriched by Cordyceps sinensis.In this regard, in the description and labels of Cordyceps sinensis, "should not be taken for a long time", "maximum daily daily daily daily daily dosage does not exceed 35 grams" and other content reminders, Jicao company does not have fraud during the sales process.

During the trial, Jicao also said that the company was a Beijing agent of the Spring Company, and the product manufacturer involved in the case was Spring Company.

3

The court trial considers

Producer of the product involved in the case

It should be from October 15, 2015

Stop polar grass product pilot

The production date involved in the case is March 1, 2016

There are fraudulent behaviors in Jicao Company

The court tried that on April 8, 2018, the National Food Quality Supervision and Inspection Center issued the inspection report No. 180187, which was determined that the arsenic content in the pole grass Cordyceps sinensis sheets commissioned by Cai was 7.7mg/KG.

The Beijing Third Intermediate People’s Court made on December 6, 2017 (2017) Beijing 03 Civil Judgment No. 13587, and determined that according to the "Treasure of Qinghai Spring Pharmaceutical Resources Utilization Co., Ltd., which was released by the State Food and Drug Administration "As a letter to the pilot product" states that because the arsenic content in the product is 4mg-7mg/kg, it exceeds 4-7 times the arsenic of arsenic in health foods stipulated by the national standards of my country’s food safety, which failed to solve the arsenic content of the pilot products. The problem, starting from October 15, 2015, stops the pilot of the company’s polar grass products.

The court trial believes that according to the facts identified by the above judgment, the products involved should be health food.According to the "Letter of Stop Qinghai Spring Pharmaceutical Resources Utilization Co., Ltd. as a pilot product" issued by the State Food and Drug Administration, the producer of the Chun Company involved in the case of the products involved in the case should stop Jicao products from October 15, 2015,The pilot, and the production date of the product involved is March 1, 2016. The current Polar Cao Company failed to provide sufficient evidence to prove that the products involved complied with the standard standards of the "National Standard Health Foods of Food Safety".Therefore, Liu requested the litigation request of the deprivation of the sale and selling contract, the refund of the payment and the price of the price of three times the compensation.

In response to Ji Cao Company, there is no fraud in sales products. It has stated in the product description and label that "should not take long -term use" and "maximum daily daily dosage does not exceed 35 grams" and other content prompts.Health food should meet national standards. The obligation should not be exempted from prompts in product descriptions and labels, and it argues that it is not based on the law.

On May 8th, the People’s Court of Haidian District made a judgment on the case and ordered the dismissal of the two parties to purchase contracts. Ji Cao Company refunded the plaintiff Liu Yanqing to purchase 12966 yuan and compensated 38,898 yuan.

On August 5, Liu Yanqing revealed in an interview with the "China Consumer News" that after the Haidian District Court ruled, Ji Cao Company appealed to the Beijing First Intermediate People’s Court.Announcement to the outside world.

4

Production and sales transfer to Macau

The product bid price is as high as a thousand yuan per gram

Legal persons remind the risk of eating health

"China Consumer Daily" found on the WeChat platform that the WeChat public account named "Ji Cao" is still operating normally. The main body of the account is "Qinghai Spring Medical Resources Technology Utilization Co., Ltd.".According to the relevant information released by the public account, the current origin and store sales of "Jicao" have been transferred to Macau.

The article published by the public account emphasizes that Jicao products fully meet Macau’s product safety and quality standards.

The price of "extremely grass" is still very expensive.According to the product information released by the public account, the price per box of a 5X Cordyceps Cordyceps sinensis is 29,888 yuan per box, and the price per gram is 1054 yuan.

Attorney Shao Yingfang, a law firm from Beijing Yingli (Shanghai) Law Firm, believes that my country has adopted a very strict regulatory system for health foods. For the first imported health food, the state stipulates that it must be registered or filing. EssenceConsumers should choose health foods registered by the country as much as possible to avoid hidden health hazards caused by avoiding supervision to consumers because merchants avoid supervision.

What do you think

Produced by Chinese Consumer Newspaper New Media Editorial Department

Source/China Consumer News · China Consumer Network

Reporter/Xiangjiang

Edit/Pei Ying

Produced/He Yongpeng Tian Zhenxiang

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