Mrs. Wang told reporters that she came from the village of Bai Gao in Zhong County, Chongqing Municipality, horse irrigation, her mother-in-law did not go to school, but she is very good at making kimchi, huangjing mai sauce, jagged sea peppers, wind tempeh, bacon, sausages and other various local rural cuisine.

In 2017, Ms. Wang registered business license, food processing and production of small workshop registration certificate and food business license, together with her husband went home to help her mother-in-law to expand production, through their own micro-store "Mao mother souvenirs" sales. In the beginning, the "Mao mother" products to pickles and so on the main, last year they added steamed meat and other traditional buckle bowl products.

Mrs. Wang said that in July last year, Shao Mou, a Heilongjiang man living in the Jiangbei District of Chongqing City, ordered 150 bucky bowls of products from her, including steamed pork, roasted white (i.e., bucky meat), wind tempeh back to the pot of pork 50 copies each, at a total price of 4,500 yuan, saying that the unit group purchase. Come a big business, Ms. Wang is very happy, because it is ready to sell, she let the other side wait a few days. Soon, Ms. Wang will be 150 copies of the buckle bowl done with vacuum packaging shipment, but there is no identification on the package, she did not expect this to her lead to huge trouble.

Last September, Ms. Wang received a court notice, she was Shao sued, the other side said she sold no production date, no quality certification, no manufacturer of the "three-free products", requiring the return of 4500 yuan of the purchase price, and according to the purchase price of ten times the amount to be compensated. The family was suddenly baffled.

Mrs. Wang said, her family micro-store opened a number of years, reputation has been very good, before selling a variety of food, packaging are labeled in accordance with the provisions of the name of the food, the name and address of the producer and operator, the date of production, shelf life and other information. This time customers want 150 copies of the buckle bowl, because it is a new product, and the amount of time is tight, she had no time to prepare the standard packaging with the above information. Steamed pork and roasted pork is served in a small earthenware bowl, outside a vacuum transparent bag sealed package; wind tempeh back to the pot meat with a gold aluminum foil lunch box sealed, and paste the seal package. Unexpectedly, this has become the other side of the handle.

Chongqing Municipal First Intermediate People's Court in November 2021, the first trial session, the verdict Ms. Wang lost, Ms. Wang appealed. On April 7 this year the court issued a second-instance verdict, and she lost again.

The buyer is indeed a professional counterfeiter

But it does not constitute extortion

For this verdict, the "Mao mother" family is very resentful, "Shao Mou 2019 stared at me, and later also mixed into our membership group. The buckle bowl, he also began to buy 3, also said delicious, and then buy 150 at a time, and then directly to the court." Ms. Wang also found that Shao previously had a number of similar cases, she suspected that the other party is a professional counterfeiter.

On the alleged "professional counterfeiter", Shao does not deny.April 21 afternoon, Shao said in an interview with reporters, "The law does not provide that I bought eight times expired food is not a consumer."

Professional counterfeiters know fake, suspected of buying fake, can still be regarded as ordinary "consumers" as stipulated in the law?

Chongqing alliance rise law firm director LuoKaiCheng lawyer said:

According to the "supreme people's court on the trial of food and drug disputes on the application of law a number of issues in the provisions of the" gives a positive answer, that is, the national level from the consideration of the tip of the tongue, especially in the field of food, medicine, etc., that the professional counterfeiting is more stringent. As long as the amount claimed does not exceed the standard stipulated by law, it is not illegal to demand compensation through litigation. Unless a merchant is threatened with exposure, intimidation, etc., and demands an amount much higher than the standard set by law, it may constitute extortion and blackmail.

In other words, whether a buyer is a "professional counterfeiter" or not does not affect his or her rights as a consumer under the law.

On the question of how to look at professional counterfeiting, Beijing Zhongwen Law Firm equity partner, deputy director of the Beijing Municipal Social Organizations Legal Mediation Center, Zhang New Year lawyers said:

The counterfeiting of the normal claims activities should be supported according to the law, but if the counterfeiting of the rights of the alienation of the opportunity for extortion and blackmail, or other illegal and criminal behavior, it is a different matter, should be cracked down according to the law. The government should be cracked down on.

Mrs. Wang was sentenced to "ten times compensation" injustice?