Hu Zhihong, a 43-year-old who moved to Wuhan with his father from his hometown in Jiangxi when he was 8 years old, has been engaged in the business of stuffing sausages for generations. On December 11, 2021, Zhao Peng (pseudonym) came to Hu Zhihong’s store and bought a 6-jin gift box filled sausage for 240 yuan, and specifically ordered vacuum packaging. The next day, Zhao Peng came to the store again and bought 30 boxes of stuffed sausages in one go, totaling 180 catties, and the total price was 7,100 yuan. The product was labeled “Hu Zhihong Handmade Sausage” on the packaging bag and gift box, with storage method, shelf life, production company name, address, contact information, etc. marked.
Two days later, Zhao Peng came to the store and found Hu Zhihong, claiming that the vacuum-packed sausages did not have a production license number and belonged to “three noes” products, and demanded compensation. On December 15, 2021, Zhao Peng complained to the industry and commerce department. In June of the following year, Zhao Peng went to the Qiaokou District Court of Wuhan City to sue Hu Zhihong, demanding a refund of 7,340 yuan for the goods and payment of punitive damages on the grounds that the rights and interests of consumers were damaged. 73400 yuan.
After intense court debate, the court held that the sausages belonged to winter seasonal food in Wuhan, and the handmade sausages purchased by the plaintiff were freshly made and sold foods, not prefabricated packaged foods, and the labeling regulations for prepackaged foods did not apply. The court rejected Zhao Peng’s claim, and then Zhao Peng appealed. In November 2022, after two final trials, the Wuhan Intermediate People’s Court upheld the original judgment and rejected Zhao Peng’s claim.
Regarding this verdict, comments from netizens were overwhelmingly supportive. Some people said: “I hate these guys who maliciously crack down on counterfeiting the most. Earning such unconscionable money is simply deliberate extortion.” Another netizen bluntly said: “This kind of person should be exposed to him. Any shop or stall that buys and sells, as long as you see this person, don’t sell to him!”
The shopkeeper’s professional counterfeiters failed this time, and the court’s decision was praised by netizens. This case is a reminder to all shopkeepers that they should be aware of the production license number of the products they sell, and that they should be aware of the law and abide by the law. It is also a reminder to all consumers that they should pay attention to the production license number of the products they buy, so as to protect their legitimate rights and interests.
