Can punitive damages be applied to food with non-compliant labels sold in shopping malls?
1. Overview of the problem.
In real life, it is not uncommon for consumers to suffer damage as a result of purchasing food products with non-compliant labels. At this point, whether consumers can claim punitive damages has become a worthwhile question. The so-called punitive damages refer to the amount that the court orders the defendant to pay to the victim in a judgment in excess of the actual damages of the victim, so as to achieve the purpose of punishment and deterrence. This article will discuss the issue of whether punitive damages can be applied to food with non-compliant labels sold in shopping malls.
2. Legal analysis.
According to the Food Safety Law of the People's Republic of China, it is illegal for food labels to not comply with the regulations. If a mall sells food with non-compliant labeling, then its actions constitute an act under the Act. If such an act results in damage to the consumer, the consumer has the right to claim punitive damages.
Specifically, according to the provisions of the law, if a consumer suffers damage due to food that does not meet food safety standards, he can claim compensation from the operator or the producer. Producers and operators who receive consumer compensation requests shall implement a first-bear responsibility system, pay compensation first, and must not pass the buck;If it is the responsibility of the producer, the operator has the right to recover from the producer after compensation;If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.
3. Responsibilities and obligations of shopping malls.
As a business operator selling food, shopping malls shall be responsible for the quality of the food they sell. It is the duty of the mall to ensure that the food it sells complies with the relevant national laws and regulations, including the provisions of the food label. If the mall sells food with non-compliant labels, then the mall should bear the corresponding legal responsibility.
In addition, the mall should also fulfill the after-sales service obligation. If a consumer suffers damage due to the purchase of food with non-compliant labels, the mall shall promptly compensate and bear the corresponding legal responsibility. If the mall refuses to compensate or the mall cannot be contacted, the consumer can file a complaint with the relevant regulatory authority.
IV. Conclusions. In summary, it is illegal for a shopping mall to sell food with non-compliant labels, and consumers have the right to claim punitive damages if such behavior causes damage to consumers. Therefore, shopping malls should be responsible for the quality of the food they sell and ensure that the food they sell complies with the provisions of relevant national laws and regulations. If the mall sells food with non-compliant labels, then the mall should bear the corresponding legal responsibilities and obligations. At the same time, consumers should also enhance their legal awareness and awareness of rights protection, and take timely measures to protect their legitimate rights and interests when encountering problems.