On March 15th, Shanghai announced the top ten infringement cases last year： Uniqlo was on the ＂black list＂.

On March 13th, the Shanghai Municipal Administration for Industry and Commerce announced the top ten cases of consumer rights infringement in 2016.

Among them, Japanese student tourists were lured by "saucer" to drink high-priced tea, Xibei Xiaomian Village set up a "Yin and Yang menu" in the lobby and private room, a cultural and art planning company used the trademark "Disney", "Mickey Mouse" and Uniqlo set up a "overlord clause", all of which entered the top ten cases.

1. Shanghai Yiketing Tea Co., Ltd.: Case of deceptive sales inducing consumers.

Guo, the person in charge of the company, hired Chen Mou and Wang to solicit customers near Yuyuan Station of Metro Line 10.

On the afternoon of April 6th, 2016, Chen Mou and others met and induced two Japanese student tourists to have tea in Yuyuan Teahouse. Within one hour, five people drank six kinds of tea successively, including ginseng oolong tea, Jasmine Dragon Ball, Huaguo Tea, Craft Flower Tea, Litchi Black Tea and Tieguanyin Tea, and each tea cost 48 yuan (shown in the price list), totaling RMB 1,440. The private room fee is RMB 30 yuan per person, totaling RMB 150 yuan, and the private room fee and tea fee total RMB 1590; In addition, I bought 326 yuan of craft scented tea and 198 yuan of ginseng oolong tea, totaling 2,114 yuan. In fact, the amount payable by two Japanese tourists was 1,060 yuan, and three "saucers" paid the rest of the expenses, but they were all returned by the operators.

The above-mentioned behavior of the parties constitutes the employment of others for deceptive sales inducement. Huangpu District Market Supervision Bureau imposed an administrative penalty of a fine of 500,000 yuan and revocation of business license.

According to the Shanghai Administration for Industry and Commerce, the fermentation point of the case originated from Weibo’s eye-catching expressions such as "a mouthful of 48 yuan" (actually a cup of 48 yuan, according to the investigation), "Japanese tourists" and "sky-high tea". After the release of the Weibo, public opinion paid close attention to it. More than 30 network platforms and media such as Xinhuanet, Phoenix and Tencent were forwarded. In practice, it has always been difficult to investigate and collect evidence. Huangpu District Market Supervision Bureau took the initiative to investigate and deal with illegal acts that infringe on consumers’ rights and interests quickly and severely according to law, thus purifying the market environment.

2. Shanghai Jinyong Culture and Art Planning Co., Ltd.: Case of infringement of the exclusive right to use the registered trademark of Disney.

In order to attract business and enhance corporate attention, the company used trademarks such as "Disney" and "Mickey Mouse Graphics" on its official website and WeChat account without authorization from Disney Enterprise in the process of providing services such as organizing children’s summer camps and filming micro-movies, which made consumers mistakenly think that this activity had a specific connection with Disney Company. The above-mentioned behavior of the parties constitutes trademark infringement and false propaganda. The Jinshan District Market Supervision Bureau fined the parties 10,000 yuan and ordered them to stop the infringement immediately.

The Shanghai Administration for Industry and Commerce believes that a few operators hope to take a ride and play the edge ball, which is prone to illegal business activities such as infringing on the exclusive right of well-known trademarks and "playing alongside famous brands", which affects the market environment of fair competition and is not conducive to China’s image of actively protecting intellectual property rights.

3. Xibei Youmian Village: Case of infringement of consumers’ right to know

Changning Branch of Shanghai Aiyite Catering Co., Ltd. adopts two menu brochures with different price versions in its catering service premises, which are provided to the guests who consume in the lobby and private rooms respectively for ordering food, and there is no obvious sign or any other way to inform them of the price difference.

The above-mentioned behaviors of the parties constitute violations of consumers’ right to know. Changning District Market Supervision Bureau imposed administrative punishment on the parties according to law.

The Shanghai Administration for Industry and Commerce believes that it is the basic obligation of operators to price the same goods (services) in the same store and clearly mark the price. In this case, the merchant used two different versions of the menu, and did not specify which version was for the lobby and which version was for the private room. In general, it is difficult for consumers to find the difference between the two versions of the menu. Operators use their dominant position to infringe consumers’ right to know. Although the value of this case is not large, it reflects the high-pressure situation of the administrative department against the "hidden rule" that the catering industry infringes on consumers’ right to know through the "yin and yang menu".

4. Shanghai Shiyihang Trading Co., Ltd.: Case of selling inferior products.

During the period from 2012 to 2014, during the distribution of Total 7400 series engine oil and 6600 series engine oil, the client instructed the warehouse staff of the company to tear off the labels on some 6600 series engine oil drums and replace them with 7400 series engine oil labels printed privately, and sell them as low-priced engine oil as high-priced engine oil. The market price difference between the two types of engine oil is about 200 yuan-300 yuan/barrel.

The above behavior of the parties constitutes an illegal act of selling inferior products, and Minhang District Market Supervision Bureau imposed an administrative penalty of 5.16 million yuan on the parties according to law.

The Shanghai Municipal Administration of Industry and Commerce believes that in this case, the operator has been selling the lower-priced goods as higher-priced goods for a long time by changing the oil label privately, which not only has obvious intentional factors, but also the oil is a factor that has a great influence on the motor vehicle engine, and the nature of the illegal behavior is relatively bad. Once such illegal acts are publicized, the goodwill of relevant operators will be affected.

5. "Happy Lemon" Franchise Store: The real name and marking case were not marked as required.

Law enforcement officers inspected the "Happy Lemon" drink shop that was in operation on the first floor of No.1195-3 Fuxing Middle Road. It was found that Yijian Beverage Store was a franchisee of "Happy Lemon" brand, but the store did not indicate the name and mark of the franchisor and itself as the franchisee as required. The above-mentioned behavior of the parties violated the relevant provisions of the Regulations of Shanghai Municipality on the Protection of Consumer Rights and Interests, and was punished by Xuhui District Market Supervision Bureau according to law.

Shanghai Administration for Industry and Commerce believes that according to the Regulations on the Administration of Commercial Franchising, franchisees (franchisees) generally bear civil liability independently, and consumers often cannot directly claim compensation from franchisees (brand owners) after consumer disputes. The newly implemented Regulations of Shanghai Municipality on the Protection of Consumer Rights and Interests in 2015 stipulates that "those who engage in commercial franchising activities by joining or other forms shall indicate the real names and marks of franchisees and franchisees", which is not only helpful to standardize the business activities of franchisees, but also convenient for consumers to make reasonable judgments through real names and marks.

6. The illegal tying case of Shanghai Jiuhua Automobile Sales Co., Ltd.

In the sales of cars, the company will charge a filing fee in addition to the car price for consumers who go to other provinces for license plates. But in fact, the so-called filing fee has no relevant national regulations. The above-mentioned behavior of the parties violates the provisions of Shanghai Anti-Unfair Competition Regulations, and constitutes an act of attaching other unreasonable conditions against the buyer’s will. Fengxian District Market Supervision Bureau imposed administrative punishment on the parties according to law, and imposed a fine of more than 70,000 yuan.

Shanghai Administration for Industry and Commerce believes that there are various "hidden rules" in automobile sales, such as requiring consumers to pay "delivery fee" and "PDI" inspection fee, and a few operators set other additional unreasonable trading conditions such as filing fee. The above behavior infringes on the legitimate rights and interests of consumers and belongs to the hidden rules that should be broken. On the one hand, consumers should consume rationally to avoid spending more money and suffering from dumb losses because they like specific brands and models; On the other hand, in case of such behavior, it is suggested to fix the evidence and report it to the relevant administrative departments in time.

7. False advertising case of Shanghai Liangce Culture Communication Co., Ltd.

The company is mainly engaged in exhibitions and sales of collectibles and handicrafts. The company broadcasts advertisements through a satellite TV. The advertisements such as "inlaid with a pair of best rubies", "specially authorized by the authoritative organization" and "produced by the authority of China Hetian Jade Museum and supervised by China Jade Culture Museum" are all fabricated at will, in order to convince consumers that their products are of high value and thus increase sales.

At the same time, the so-called special guests in the advertisement, such as the director of China Art Collection Federation, senior financial commentator, deputy director of Hetian Jade Museum and president of China Art Collection Federation, are all hired extras. The above-mentioned behavior of the parties violated the relevant provisions of the Advertising Law and constituted false propaganda. Qingpu District Market Supervision Bureau fined the parties 81,000 yuan according to law and ordered them to stop advertising.

Shanghai Administration for Industry and Commerce believes that in the promotion of collectibles, handicrafts and licensed products, the sales volume is often increased through the indiscriminate bombing of advertisements. In advertisements, various so-called "expert treasures, expert recommendation" and other forms of false or misleading propaganda are easy to appear. Advertisers, advertising agents and publishers all have unshirkable legal responsibilities. The new "Advertising Law" has been implemented, and the majority of operators should further improve the level of honest operation and put an end to false advertisements.

8. Uniqlo Trading Co., Ltd. Shanghai Qingpu Wuyue Plaza Store: Unfair Format Clause Case

Uniqlo Trading Co., Ltd. Shanghai Qingpu Wuyue Plaza Store, since December 2014, the "Regulations on Return of Goods" on the cashier’s note contains "belts, slippers, glasses, bags, baby clothes and other goods will not be returned" and other contents. At the same time, there is a notice on the baffle at the checkout counter, which also contains the above provisions.

The parties themselves formulated the contents of the above terms, did not consult with consumers, and repeatedly used them in the course of business. It violates the provisions of the Measures for the Supervision and Handling of Contract Violations, violates the principle of fairness, belongs to unfair format clauses, and aggravates consumers’ responsibilities. Qingpu District Market Supervision Bureau shall impose administrative penalties on the parties according to law.

The Shanghai Administration for Industry and Commerce believes that the format clauses of contracts in which operators make an agreement with consumers through format clauses to exempt operators from obligations, increase consumers’ responsibilities and exclude consumers’ rights are commonly known as "overlord clauses", and consumers can report such "overlord clauses" in time.

9. Fictitious enrollment information case of Shanghai Emerald Vocational Skills Training School

On the school website, the school compiled the names, occupations, salaries and employment information of four people, namely, Zhang Hao, Wang Zhijie, Feng Invent and Huang Wenteng, to recruit students with their high salaries after graduation.

The parties admit that the information of the above four people is false and fabricated. The above-mentioned behavior of the parties violates the relevant provisions of the Consumer Protection Law and constitutes a false or misleading propaganda behavior for goods or services. Hongkou District Market Supervision Bureau imposed administrative penalties on the parties according to law.

Shanghai Administration for Industry and Commerce believes that in order to expand the number of students, the school fabricated the names, occupations, salaries and abstracts of four students in the "Star Students" column of the website to induce consumers to sign up for study. This behavior seriously damages the operation of the network credit evaluation system and infringes on the legitimate rights and interests of other network operators and social and economic order.

10. Newsea Information Technology (Shanghai) Co., Ltd.: Case of falsely publicizing the function of water purifier.

The company is the station operator of No.1 shop, and purchased the household water purifier of "Dongli Pinot" SW801 and the water purifier of "Pentaer" EF-900 MS from the two companies respectively, and sold them through the platform of No.1 shop.

On the product sales website, the parties concerned used the promotional materials provided by the above two companies, and in the product parameters section of the product introduction, the "total filtration amount of" Donglibino SW801 household water purifier "and the" flow rate of "Bintel EF-900 MS" were marked respectively. However, in fact, the so-called Japanese industrial standard JISS3201 experimental results and American NSF test data are used, and the above data are much larger than those approved by the Ministry of Health of China, which easily makes consumers misunderstand the purification performance of the water purifier.

The above-mentioned behavior of the parties violates the relevant provisions of the Anti-Unfair Competition Law and constitutes false propaganda. Pudong New Area Market Supervision Bureau imposed administrative punishment according to law, fined the parties 150,000 yuan, and ordered them to stop illegal activities and eliminate the influence.

Shanghai Administration for Industry and Commerce believes that the performance and parameters of water purifiers are the main reference standards for consumers to choose. The parties publicized the experimental results of Japanese industrial standard JISS3201 and the NSF test data of the United States, confused the concept, misled consumers, and undermined the business order of the household water purifier sales market, which was an unfair competition.