Henan Consumers Association filed a consumer civil public interest lawsuit against the "Simba's fake bird's nest incident": more than 79.71 million yuan in compensation
2022-01-14: [Article Link] Original title: Henan Ministry of Finance filed a consumer civil pro bono action against the “Simba pseudo-hub” case: refund of over $797,000,000
Henan Ministry of Finance filed a consumer civil pro bono action against the “Simba pseudo-hub” case: damages of over $797,000,000
On 14 January, the Henan Province Consumers' Association held a press briefing on the “Simba case of a civil public interest case for the consumption of a bird-snack on live television”, the first case of a consumer public interest case in Henan Province, organized by the Consumers' Association, which was also a typical case of domestic regulation of the broadcasting of goods, management of a new business by electricity providers, and attempts to resolve the legal issue of a “netred-television sale model”. Notification of a consumer civil public interest action filed by the Ministry of Finance: reimbursement of over $797,000,000
It is understood that this consumer association in Henan Province filed a claim for a consumer civil public interest action involving Beijing Fast-Tech Ltd., Simba (Sing Xin) Ltd., Guangzhou Leng Trading Co. Ltd., Guangzhou and Xing Electronic Commerce Co. Ltd., jointly liable for a three-fold refund, refunding the total price of RMB 19928539Yuan for the sale of the products “smelt-as-you-go” and imposing a three-fold punitive award totalling RMB 59785617Yuan for the sale of the gross price, totalling RMB 79714156Yuan. According to the Director of the Law and Theory Research Department of the Henan Association of Consumers, after almost a year of work, the Henan Association of Consumers completed the interview with the business on 30 July 2021, the investigation and taking of evidence, discussion sessions, expert validation, evaluation and filing of the approval process. On 3 August 2021, the Henan Provincial Consumers'Association filed a case with the Chengzhou Municipal Intermediate People's Court on the line; on 15 December of the same year, the Chengzhou Municipal Intermediate People's Court took up the case (No. 1461 No. 2021 pronto 01). The incident was carried by Simba, who was fined 900,000 Yuan by the market regulator.
On 5 November 2020, a friend on a short video platform questioned the Simba team's nest as "sweet water, no solids."
On November 19, Wang Hai, “Professional faker” released a test report stating that the product sold by the Simba team contained zero proteins and amino acids and that the saliva was only 0.014% as one of the important indicators of the real nests.
Simba responded by issuing a letter of apology stating that there was indeed an exaggeration and that the product was truly a petrobe drink, offering three-to-one payment to the consumer, and that the product involved a total of 57820 orders for a sum of €15490,000, for which a total amount of €6180,000 was expected to be paid.
On the evening of 23 December, the Express Handler published the results of the official punishment for the Simba Swallows incident, and the Simba personal account was closed for 60 days. In accordance with the provisions of the Law of the People's Republic of China on Anti-Improper Competition, market regulators intend to impose administrative penalties against them for ordering the cessation of offences and a fine of 900,000 Yuan. On 26 February 2021, during a media briefing by the Henan Province Consumers'Association, it was stated that the punishment imposed on Simba's team by Henan Province for desponding the Hope for Rapid Lives platform was not a 60-day closure of accounts, but a permanent closure.
A coordinated survey conducted in the province of Yuan-nan found that the total value of online transactions alone was more than 220,000 yuan.
Journalists have been informed by the Henan Provincial Consumer Association that, at the end of December 2020, Henan Province Consumers Association received a consumer complaint alleging that the gold medal, " Little gold bowls with ice sugar in their nests ", purchased during the Simba Express, was a tasteful beverage, not a ready-to-eat nest, and that it was suspected of defrauding consumers.
According to counsel Chen Haifeng, following the investigation, Simba publicly acknowledged sales amounting to approximately 15495760 Yuan, but the actual data obtained from the investigation showed that the total amount of trading in the flag shop alone had reached 19928539 Yuan (the total sales for the period between 17 September 2020, when the shipment was carried live, and the closing date of the flagship shop in the “Hings”. “The incident violated the legitimate rights and interests of a large number of consumers, interfered with the market order, undermined the public interest in society and met the statutory conditions for bringing consumer civil public interest actions. “The Deputy Secretary-General of the Henan Consumers' Association, Wang Hsing, stated that this public interest litigation was strongly supported by the People's Procuratorate of Henan Province, the first public interest litigation case in which the two parties cooperated and cooperated after jointly developing a mechanism for collaboration in public interest litigation. During the investigation of cases, collaborative mechanisms, such as working information-sharing, collaboration with investigative forensics, and supporting litigation, have been used effectively and have accumulated practical experience in exploring public interest litigation collaboration as a next step. Source: River Report returns to search for foxes and see more.
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