Original title: From "sniffing energy bars" to erotic figuresFrom "cigarette candy" to alcoholic ice cream
Why do undesirable goods flood the surroundings of minors?
A few days ago, Ms. Wang from Zaozhuang, Shandong Province, was tidying up her son's room in the fourth grade of primary school when she found a "nose inhalation energy bar" under his pillow. After school, the child picks up the "sniff energy bar" to demonstrate how to play - tilt his head, put his nose under the nose and inhale twice. That posture shocked Ms. Wang into a cold sweat - "I saw on TV that some drug addicts take drugs like this!."”
Not only is the "snooze energy bar", since the beginning of this year, Ms. Wang has "searched" a lot of products in the child's hands that make her difficult to accept and even frightened, such as a radish knife, which the child when playingThere is also alcoholic ice cream, which is full of alcohol and children will eat it with relish. "Why are so many products that are easy to trigger bad habits always 'staring' at children and making them easy to get?She couldn't help but ask.
This has also caused many parents to worry. During the interview, a number of parents reported to the reporter of "Rule of Law**" that undesirable goods are flooded around minors, such as "cigarette candy", alcohol ice cream, as well as violence, pornographic toys, stationery, etc., which seriously affect the physical and mental health of minors.
The interviewed experts said that the particularity of children's play and use behaviors should be fully considered for goods involving minors, and there should be no bad hints in the design, and the production process must implement special licenses and compulsory certifications, and the sales process should be strictly supervised to protect the legitimate rights and interests of minors.
The product induces bad behavior
Many parents are worried
I don't know what the ingredients are, but I feel that sucking is harmful to the child's body, and it is obvious that there is a bad inducement. Ms. Wang picked up a "snorting energy bar" and said, she checked it carefully, the "energy bar" was not labeled with any ingredients, and she took a deep breath, with a mint smell, and the taste was a little strange, "I don't know if it's a psychological effect, I don't feel very comfortable and flustered after smelling it."
Ms. Wang's son, Xiao Liu, was unhappy with the confiscation of the "sniffing energy bar". He told reporters that the students are using this "energy bar", almost everyone in the class has one, who does not fall behind, "in fact, the taste is very good, smoke it to refresh the mind, and there are many kinds of flavors, students often change to smoke."
In an interview, the chief physician of a tertiary hospital in Jinan, Shandong Province, made it clear that the main ingredients of the "nasal energy bar" are peppermint, essential oils and other substances, which have the effect of cooling and stimulating, and long-term use is both toxic and harmful, and it is easy to "become addictive". On the one hand, it is unhygienic and may lead to pathogen infection, and on the other hand, repeated irritation of the nasal cavity may also cause damage to the nasal mucosa of minors, and even cause symptoms such as runny nose and sneezing, which is harmful to health.
As far as the use of 'nasal energy bars' is concerned, it may reduce the awareness and vigilance of minors against drugs. * Zhang Bufeng, a professor at the Law School of Minzu University, worried.
In addition to "sniffing energy bars", this summer, Xiao Liu also "fell in love" with alcoholic ice cream. The strong smell of alcohol made Ms. Wang unacceptable, and she solemnly negotiated with Xiao Liu, asking him not to buy alcoholic ice cream in the future. Some time ago, Xiao Liu fell in love with the radish knife (a plastic imitation knife toy) again, and played a knife game with his companions in the community every day, which made Ms. Wang frightened, and finally confiscated Xiao Liu's 5 radish knives of all kinds.
The constant appearance of this kind of food and toys that can easily lead to bad behavior around children makes it difficult to prevent it, and parents are really heartbroken. Ms. Wang sighed.
Many of the parents interviewed shared Ms. Wang's state of mind. Ms. Sun, from Lianyungang, Jiangsu Province, said that the elderly in the family passed by the stationery store and bought a Barbie pencil sharpener for their children, and when she came home and opened it, she found that the pencil sharpener was inserted into the pencil of Barbie's chest, "as if it was a hole in the chest, and the whole picture looked very inconsistent and uncomfortable", and she immediately returned the pencil sharpener.
A number of interviewed parents reported that these products that may cause bad orientation can often be found around their children, such as: pornographic figures, the so-called "beautiful girl" series of figures, are completely naked;"Cigarette candy" and "wine bottle chocolate", the outer packaging and even the shape and color are very similar to cigarettes and wine bottles;Toy "toothpick crossbow", the shooting power is greater, and it can even penetrate canned Coke, etc.
Once, when I saw a fifth-grade child 'smoking' in the bedroom, I angrily stepped forward to stop it and found out that it was 'cigarette candy'. The child said that his classmates gave him food. Although it is sugar, the appearance is exactly the same as a cigarette, and the child is also smoking, which is obviously a bad inducement. One parent said.
The interviewed experts believe that the concerns of parents are not unreasonable, and minors are still immature and are easy to be induced to produce bad behavior. Yang Shangdong, an associate professor at the School of Administrative Law of Southwest University of Political Science and Law, said for example, for example, that alcoholic ice cream, some even design the outer packaging in the shape of a wine bottle, which may not only harm the health of minors, but also may arouse minors' interest in alcohol, and then try to drink, which is suspected of violating laws and regulations such as the Protection of Minors and the Advertising Law.
There is also a turnip knife, and the scene of stabbing people with a turnip knife is actually deduced in the propaganda ** for sale, which undoubtedly creates a psychological hint of violence and exaggerates violence. Minors' worldview, outlook on life, and values are still in the stage of continuous development, and they are easily influenced by the surrounding environment, which may plant the seeds of violence in the hearts of minors. Yang Shangdong said.
Children don't have the ability to discern yet, they just find it fun. Adults should protect them and purify the learning and living environment of minors. Zhang Bo (pseudonym), a parent of a student in Xicheng, Beijing, said.
The interviewed parents suggested that they should take a good look at why these products that are easy to have a bad orientation for minors can be produced and how they come to their children. "These commodities are seriously colorful, and children naturally want to learn to be adults, which may subtly lead to the appearance of bad behaviors and seriously infringe on the physical and mental health of minors. Some parents said.
Easily available online and offline
Lack of standards and entrapment in law enforcement
How did these goods get to the children?
The reporter recently visited more than 10 primary schools in Beijing, Chaoyang, Jinan, Zaozhuang and other places in Shandong and found that some of the commissaries and stationery stores not far from the school have such goods, and some merchants will even take the initiative to recommend these goods.
For example, radish knives are sold in almost all of the commissaries visited by the reporter. A number of merchants placed various radish knives in conspicuous places at the entrance of the store, and promotional copywriting such as "Pull out my radish knife and defeat the enemy with one knife", etc., attracted many students to stop and buy.
Outside a primary school in Xicheng, Beijing, a primary school student took out a few yuan to buy a turnip knife and stabbed each other with a classmate who was also holding a turnip knife. "I have my own pocket money, and I usually buy small toys and snacks, basically whatever is popular in the market, I can buy it near the school. The elementary school student told reporters.
The reporter noticed that some small shops and stationery stores near primary and secondary schools can also buy spoof stationery marked with vulgar and rotten stalks, such as notebooks, sticky notes, stickers, etc., as well as sexually suggestive toys and figures, such as "Mom Sees Fighting" beautiful girl series figures, wearing a small amount of clothes, with the remarks "can be taken off" and "can be exploded".
Nowadays, children are particularly trendy, playing stalks more than adults, and the sales of such novel and fun products are particularly good, and children like them very much. A commissary owner said.
There are even more of them on this type of product**. It is worth noting that when many stores promote such products, they directly target minors such as students, and the comment section shows that they have been purchased and used by many minors.
A store selling "cigarette candy" on a certain platform has the slogan "the taste of childhood" and "memories of childhood". In the comment area, a netizen who was suspected of being a student asked: "Can you fool the teacher?"In the buyer show, some netizens posted the child's "smoking" (imitating the way of smoking to eat sugar): holding "cigarette candy" between the index and middle fingers, and imitating the action of smoking with his mouth.
Some time ago, the "nasal energy bar" that was *** is still everywhere on the Internet, and the unit price is mostly between a few yuan and dozens of yuan, and the monthly sales of some products reach thousands of pieces. Some store advertisements say "prevent sleepiness in class", "sniff cool oil students prevent drowsiness in class", etc., and even have a ** student holding a pen and writing in front of the desk, saying "clear thinking for answering questions". From the message, it can be known that many of the buyers are students: "When I am sleepy in class, I take it out and suck it up, and I will be refreshed instantly." There are also comments saying "toxic, addictive".
The reporter consulted a number of ** selling "nasal energy bars" as the owner of a small store near the school, and the customer service said that "nasal energy bars" are very popular with students, and the market potential is large, and if you want to get a large amount, you can be cheaper. One of the customer service also reminded that a few days ago, a large number of students used "nasal energy bars" to cause some turmoil, and it was recommended not to sell them to students, but when the reporter proposed to consider wholesaling 1,000 sticks, he immediately proposed that he could sell them to reporters cheaper.
Why is this type of commodity so popular?The interviewed experts believe that the main reasons are: the product design is novel, and it is combined with the child's favorite food, style and other elements;Internet publicity and social ** sharing;**Inexpensive and easy to buy;Some of the products have a decompression function, which is in line with the increasing academic pressure of minors, and at the same time, it also makes parents relax their vigilance.
Yao Jinju, a professor at the Law School of Beijing University of Foreign Chinese, believes that the difficulties faced in law enforcement in practice are also an important reason for the prevalence of such goods. There are few national or industry standards for minors' products, and it is difficult to supervise them in practice. The lack of clear and specific national or industry standards, on the one hand, encourages unscrupulous businesses to carry out production and operation with the mentality of "exploiting loopholes", and on the other hand, it also leads to the lack of specific reference basis for relevant departments in the process of law enforcement and justice. In addition, goods involving minors often involve multiple fields such as product quality, food safety, advertising and even intellectual property rights at the same time, which requires the cooperation of professional law enforcement teams in multiple fields, which is difficult and costly to enforce the law.
The production quality of such products should be checked from the source, to prevent uncertified and non-compliant production standards from entering the market, and to regulate the advertising of such products. Zhang Bufeng said.
Improve legislation and strengthen law enforcement
Protecting children at source
In order to purify the market environment for goods involving minors, in January 2022, the State Administration for Market Regulation, the Ministry of Education, and the Ministry of Public Security jointly issued the "Notice on Carrying out Special Governance Work on the Marketing of Food to Minors Without a Bottom Line", requiring strict investigation and punishment of violations of laws and regulations.
However, there are many types of goods involving minors, and the boundaries of violations are in the world
Yang Shangdong said that although it is impossible to fully enumerate, and the types of toys will continue to be enriched and difficult to exhaust, the following standards should be met for products suitable for minors: the materials and workmanship meet the national standards, fully consider the particularity of minors' play and use behavior, and avoid adverse effects on the physical and mental health of minors;The design has no adverse implications, and is in line with the physiological characteristics and mental development level of children of different agesIt is conducive to the all-round development of minors' moral, intellectual, physical and aesthetic development.
Playing the edge ball of food and toys, doing things that are bad for minors, violating laws and regulations such as the protection of minors, and should be subject to corresponding administrative punishments. Zhang Bufeng said that taking "nasal energy bars" as an example, some businesses use minors as the background of publicity when selling, which violates the relevant provisions of China's advertising law;In addition, it is advertised that it has a "refreshing" function, and if the product is a medicine, it cannot be sold at a commissary near the schoolIf it is not a drug, it cannot claim to have this function.
The protection of minors** clearly stipulates: "The production and sale of food, medicines, toys, utensils, game and amusement equipment, amusement facilities, etc., for minors shall comply with national or industry standards, and must not endanger the personal safety and physical and mental health of minors." The producer of the above-mentioned products shall indicate the precautions in a conspicuous position, and those that do not indicate the precautions shall not be sold. ”
In Yao Jinju's view, at the level of legal interpretation, the word "used" should be interpreted in a certain expansion when necessary, rather than just being interpreted as "exclusively for" or "only for". Those that do not conform to national or industry standards and endanger the physical safety or physical and psychological health of minors must not be produced or sold, so as to provide a legal basis for the relevant departments to regulate the above-mentioned commodities at the source of production.
In addition to complying with the Law on the Protection of Minors and Product Quality Law, merchants producing goods involving minors need to comply with the "General Requirements for the Safety of Student Supplies" when producing student supplies suitable for students under the age of 14, and mark key information such as the name and address of the factory and the implementation standards. In addition, the image of tobacco should be strictly prohibited from being involved in the goods of minors, and the Framework Convention on Tobacco Control, to which China is a signatory, stipulates that "the production and sale of candy, snacks, toys or any other physical objects in the shape of tobacco products that are attractive to minors is prohibited." ”
For some products, such as figurines, it may not be possible to clearly distinguish whether the main audience is adults or minors
In this regard, Yao Jinju believes that the purpose of protecting minors should always be implemented in the production and sales process. The market regulation departments should strengthen the force of spot checks to ensure that goods involving minors comply with the provisions of the law in the production and sale process. At the same time, relevant theme activities can be jointly carried out with education departments and schools, strengthening publicity and education for students and parents, so that they can take the initiative to reduce the purchase of relevant commodities and force producers to reduce production, and guide minors to establish a correct view of consumption.
Zhang Bufeng proposed that the market supervision department carry out special supervision and inspection work in the field of compulsory product certification children's products, investigate relevant production enterprises, and put an end to unlicensed production and illegal productionRegularly organize supervision, inspection and sampling inspections in key areas such as large supermarkets, shops around campuses, and small commodity wholesale markets, investigate and investigate potential commodity safety risks, and strictly investigate and deal with illegal acts such as unlicensed operation and over-scope operation, and operation of products that do not meet mandatory standardsStrengthen publicity on the rule of law, enhance the public's awareness of quality and safety, and guide the boycott of substandard and undesirable goods.
It is necessary to strengthen the implementation of compulsory product certification supervision and standardize the market order of compulsory product certification. At the same time, we will strengthen the recall management of children's products, and urge enterprises to take the initiative to fulfill the main responsibility of recall. Zhang Bufeng said.
It is necessary to improve legislation to regulate the conduct of unscrupulous businesses that infringe on the interests of minors one after another from the source, and may consider adding relevant provisions on minors' goods to the protection of minors, integrating the scattered provisions in other laws and regulations, and at the same time providing for corresponding legal responsibilities. Yang Shangdong said.
*丨Rule of Law** (Reporter Ding Yi Zhou Bin) (The copyright belongs to the original author, if there is any infringement, please contact to delete).