Professional Fake People Sue For False Claims Of Body Shaping Shoes For Claims.

　　 Wang Hai buys 399 pairs of body shaping shoes.

In May 17, 2012, Wang Hai bought a brand of chocolate brand casual shoes of Skech brand in Cage shoes store, which was operated by Lok Wah commercial company. The price was 399 yuan, and its origin was Dongguan City, Guangdong province.

The product instructions attached to the shoes are as follows: "the purpose of shaping shoes: reduce weight, consolidate the back, make the calf and buttock muscles more solid, reduce fat and regulate thigh muscles, improve cardiovascular health, improve posture, reduce pressure on knees and ankle joints". As long as you insist on wearing body shoes, your body will adapt to this new way of walking. At the same time, you will find that this shoe is not only convenient and comfortable, but also helps to enhance cardiovascular health. Body shaping shoes have a positive effect on your body, and often wearing body shaping shoes can help improve sleep quality and relieve stress.

　　 To court on suspicion of false propaganda

Wang Hai later sent the other party to court on the grounds of the false propaganda and consumer fraud of Lok Wah commercial company, asking for a refund of the goods and a compensation of 399 yuan in accordance with the price of the shoes.

In the trial, Wang Hai said he bought a pair of ladies' body shoes produced by us Cage, the unit price was 399 yuan, and the other party issued invoices for him. In addition, the shoe has not been examined and approved by the relevant pharmaceutical regulatory authorities. It is only sporting goods, not health products, health products, nor medical devices. It has no basis to prove that it has the functions of body building, strengthening resistance and other health functions, as well as reducing weight, speeding up blood circulation, improving cardiovascular health, sleeping quality and relieving stress.

　　 Wang Hai is known to buy fake products.

Yuehua commercial company thinks, from Wang Hai purchase shoes time, purchase shoes purpose, he did not know the use function of Cage shoes, but saw the news report after the use of Cage shoes, but at the same time, he also know that the Cage shoes may not exist "body shaping" function. Wang Hai had apparently made a thorough decision about Cage's shoes before making the purchase decision, so the company did not cheat on it.

　　 The court sentenced "one back and one loss".

Chaoyang Court heard that the dispute between the two sides of the case focused on whether the defendant was selling fraudulent practices in Skech's casual wear shoes.

Lok Wah commercial company can not prove that the women's casual shoes involved have the effect of publicity in the product brochures. Therefore, the Lok Wah commercial company has a false propaganda behavior when selling the goods involved, which constitutes fraud.

As a seller, the Lok Wah commercial company did not inform Wang Hai whether the product had the publicity effect of the product instructions, which violated Wang Hai's right to know as consumers. Now Wang Hai requests to return the goods and return the money, and requests the Lok Wah commercial company to make a legal claim according to the request for double compensation for the commodity price.

Chaoyang Court decided that Lok Wah commercial company returned the goods for Wang Hai, refunded 399 yuan, and compensated 399 yuan.

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　　 dialogue

Wang Hai, this is my personal behavior.

Reporters interviewed Wang Hai later, he did not want to talk about the process of buying this shoe, but stressed that this is only his personal behavior, and his company has nothing to do with it.

Reporter: the new consumer law and the food and drug judicial interpretation stipulate that "knowing fake buying fake" does not affect consumers' claim for compensation. How does this affect you?

Wang Hai: according to the new law, there will be more personal rights protection in my future. For example, Chaoyang Court has just sentenced this case as an example, this is personal behavior, not my company's behavior.

Reporter: how to view the current situation of consumer rights protection?

Wang Hai: after the implementation of the new law, I personally feel that this is a good trend. Because not all consumers can get compensation when their rights and interests are damaged. Under the market economy condition, we should take the consumer as the guidance, safeguard the rights and interests of the consumers to the maximum extent. We did not do well before this, and most of them were guided by enterprises, which led to insufficient attention to the rights and interests of consumers. But now the situation has changed a lot, but there is still room for improvement.

Reporter: what matters should consumers pay attention to in safeguarding rights?

Wang Hai: the new law on the protection of consumers' rights and interests has been put into effect. Consumers must have the sense of evidence when they protect their rights, such as keeping shopping tickets and invoices of shopping malls and supermarkets. Once they encounter disputes, they must take the legal weapons bravely to safeguard their rights and interests.

　　 Expert opinion

To "know fake buy fake" qualitative

Kang Kai, a lawyer at JINGWAH law firm in Beijing, believes that after the implementation of the new consumer protection law, the professional dummy can be greatly stimulated.

On the one hand, the law on the protection of new consumers' rights and interests stipulates: "if an operator provides goods or services with fraudulent acts, he shall increase the compensation for the losses suffered according to the requirements of the consumers, and increase the amount of compensation to three times the cost of goods purchased by consumers or the cost of receiving services, and the amount of additional compensation is less than five hundred yuan, which is five hundred yuan. If the law stipulates otherwise, it shall be in accordance with its provisions. " The amount of compensation has been raised from the "one back one loss" to the current "one back and three loss", which has increased the profit margins of counterfeiting.

On the other hand, according to the law of civil procedure, it is not difficult for an ordinary consumer to investigate and prove whether a commodity is fake or not. However, according to the new consumer protection law, the burden of proof is reversed, and the defendant, the enterprise, will prove that his innocence will solve the problem of consumer identification and greatly reduce the cost of safeguarding the rights of counterfeiting people.

Kang Kai believes that in view of the repeated prohibition of counterfeit and shoddy products, the existing administrative law enforcement departments have very limited supervisory power, so it is difficult for the judiciary to distinguish between the professional counterfeiting people and the consumers. Therefore, identifying the consumers' identities of the professional counterfeiting people helps to better supervise the unhealthy production and distributors.

In addition, he believed that the supervision mechanism should be introduced to the professional counterfeiting people, so as to strengthen the legal supervision over the professional counterfeiting people. Only in this way can we establish a strict legal environment for the counterfeiting and counterfeiting, and better safeguard the interests of consumers and fair competition in the market order.