"3000 yuan face cream is sold for 300 yuan in empty bottle after use"? Illegal! Platform | Fake Materials | Empty Bottles
Recently,
"When the face cream with a price of 3000 yuan is used up, the empty bottle will sell for 300 yuan"
This incident sparked heated discussions.
It is understood that,
On some second-hand trading platforms,
There are cases of buying and selling empty bottles of skincare products.
Inquire with the buyer about the purpose of purchasing an empty bottle,
Most of the answers are about collecting.
However,
Some people use purchased skincare products to fill fake ingredients in real bottles,
Sell as genuine.
Skincare products are packaged in real bottles and fake ingredients,
What are the legal consequences?
Does the platform need to take responsibility?
Let's take a look at the professional interpretation of Lawyer Chen Xianmin, a member of the Lawyer Expert Database of the Rule of Law Daily and a partner of Beijing Yingke Law Firm!
Purchasing genuine bottles and filling fake materials, using counterfeit products as genuine ones, using inferior products as good ones, and producing and selling counterfeit and inferior cosmetics, the perpetrator shall bear corresponding civil, administrative, and even criminal responsibilities:
From the perspective of civil liability, selling fake materials in real product bottles is a typical fraudulent behavior. According to the relevant provisions of China's Consumer Rights Protection Law, operators are required to "refund one and compensate three" to consumers. The filling of fake materials in real bottles not only damages consumer rights, but also infringes on the exclusive right of the original producer of the cosmetics to register a trademark, and compensation needs to be paid to the trademark owner.
In terms of administrative responsibility, such counterfeiting and sales will face penalties such as confiscation of illegally produced and sold cosmetics, confiscation of illegal gains, and fines.
From the perspective of criminal responsibility, producers and sellers who mix or adulterate products, pass off fake products as real ones, pass off substandard products as good ones, or pass off substandard products as qualified ones, with a sales amount of more than 50000 yuan, constitute the crime of producing and selling counterfeit and inferior products. If the seller knowingly sells goods with counterfeit registered trademarks and the amount of illegal gains is relatively large or there are other serious circumstances, it constitutes the crime of selling goods with counterfeit registered trademarks.
In reality, many "real bottles and fake materials" skincare products are traded on second-hand platforms. Whether the platform takes responsibility in this situation mainly depends on whether the platform has fulfilled its obligation to review the qualifications and qualifications of operators, and whether necessary measures have been taken in a timely manner after discovering problems. If the corresponding audit obligations are not fulfilled and necessary measures are not taken in a timely manner when problems are found, the platform will bear corresponding responsibilities in accordance with the law.
Lawyer's reminder:
If consumers suffer irreparable damage to their face or physical health due to this type of product, they can demand that the operator compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses for treatment and rehabilitation, as well as reduced income and punitive damages due to missed work. If facial disfigurement or disability is caused, compensation for disability, emotional distress compensation, etc. can also be requested. Consumers should pay attention to retaining purchase records, evidence of products used, etc. They can file complaints with consumer associations, market supervision, drug regulatory departments, etc., or file lawsuits with the court to protect their legitimate rights and interests.