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behind "three sheep's" return one and pay three: beef rolls sold over 40,000 orders, and the delivery company was fined in july

2024-09-27

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the anchor's live broadcast screen. data pictures

after hebei officials reported that hefei sanyang network technology co., ltd. had falsely advertised in a live broadcast, on september 27, the paper consulted sanyang network customer service in the name of a consumer. the reply stated that the "hong kong meicheng" purchased by the consumer mooncakes” and “australian grain-fed beef rolls” are all available with a one-penny refund and a three-pair penalty. previously, douyin announced that it had suspended the broadcast of "three sheep" accounts starting from september 21.

regarding "australian grain-fed beef rolls", a notice issued by the hefei municipal administration for market regulation stated that three sheep network was entrusted by hubei xianduoyu network technology co., ltd. to promote the product live, and the promotion information provided by xianduoyu company claimed that the product the product is raw cut meat, and the actual delivery is prepared meat. sanyang network has not obtained the test report and still makes recommendations based on the information provided by xianduoyu company.

the national enterprise credit information system shows that in july this year, hubei xianduoyu network technology co., ltd. was fined 500,000 by the qingshan district municipal supervision bureau of wuhan city for false propaganda. the penalty decision letter shows that xianduoyu commissioned sanyang to promote the above-mentioned beef rolls online, with a total sales volume of 42,811 orders and a total sales amount of more than 3.87 million yuan.

three sheep network plans to fine and confiscate more than 68 million yuan

on the evening of september 26, the hefei municipal administration for market regulation reported on its investigation of related problems in the live broadcast of hefei sanyang network technology co., ltd. (hereinafter referred to as "three yang company") that were recently reported online.

the report stated that when three sheep company promoted "hong kong meicheng mooncakes" in a live broadcast, it said that "hong kong meicheng is a big brand that specializes in high-end mooncakes and has been doing it for nearly 20 years," emphasizing that "meicheng's, hong kong, and high-end selling points such as "mooncakes" constitute false and misleading commercial promotions.

three sheep company was commissioned by hubei xianduoyu network technology co., ltd. to promote "australian grain-fed beef rolls" live. the promotion information provided by xianduoyu company claimed that the product was raw cut meat. without obtaining the original meat inspection report, sanyang company still made recommendations based on the information provided by xianduoyu company. the meat actually shipped by sunduoyu company is prepared meat. the above behavior constitutes false commercial promotion.

the notice shows that in accordance with the administrative punishment law, the anti-unfair competition law and other relevant regulations, it is planned to decide to confiscate illegal gains and fine sanyang company totaling 68.9491 million yuan. in view of the related problems in the live broadcast of sanyang company, the company was ordered to suspend operations within a time limit for rectification and bear relevant legal responsibilities. for units and relevant personnel who neglect their duties during the work process, the disciplinary inspection and supervision departments will open a case for investigation and deal with them seriously in accordance with laws and regulations.

in response, sanyang network issued a "statement" stating that the company's recent false propaganda and misleading consumers in live broadcasts have attracted social attention, and it sincerely apologizes for this; it fully accepts the investigation and handling opinions and penalties of the joint investigation team. as a result, we are willing to assume relevant legal responsibilities; we will comprehensively carry out internal rectification of the company in accordance with the "consumer rights protection law", "internet anchor code of conduct" and other relevant laws and regulations, operate in accordance with the law, and effectively protect the legitimate rights and interests of consumers.

on the evening of september 26, douyin e-commerce security center also issued an announcement saying that in accordance with relevant laws and regulations and the "general principles of douyin e-commerce creator management", the platform has punished "three sheep". since september 21, the platform has suspended the broadcast of the "three sheep" accounts, and will further urge them to actively rectify and properly resolve the after-sales compensation issues for relevant consumers.

according to the provisions of article 55 of the consumer rights protection law, if an operator commits fraud in providing goods or services, it shall increase compensation for the losses suffered by the consumer at the request of the consumer. the amount of the increased compensation shall be the amount of the consumer's purchase of the goods. three times the price or the cost of receiving services; if the amount of increased compensation is less than five hundred yuan, it shall be five hundred yuan.

the beef rolls involved sold more than 40,000 orders, and the entrusted sales company has been fined

industrial and commercial information shows that hubei xianduoyu company was established on march 2, 2023, and its legal representative is chen yutian.

the administrative penalty decision made by wuhan qingshan district municipal supervision bureau on july 16, 2024 showed that more than eight months after its establishment, on november 24, 2023, the company signed an online promotion service contract with sanyang network. the contract stipulates that the anchor "crazy little yang" will carry goods for hubei xianduoyu company's "xianduoyu australian grain-fed beef rolls 4 pounds" from november 25, 2023 to february 20, 2024, with a sales unit price of 89.9 yuan. . and determine the implementation standards of the original meat cut for the product "xianduoyu australian grain-fed beef roll".

after signing the contract, hubei xianduoyu company searched for a manufacturer and agreed to produce quick-frozen prepared food with ingredients including beef, water, and a compound moisture retaining agent. on november 25, 2023, the anchor crazy little yang opened a special douyin live streaming for "xianduoyu australian grain-fed beef rolls 4 pounds". during the live broadcast, he claimed that the product was raw cut meat and not prepared meat, and used "no synthesis, no water injection, no splicing, no pickling, zero additions". at the same time, through the douyin account of hefei three sheep network, the "australian grain-fed beef roll" it operates is promoted and sold on the product details page through live broadcast trailers and product display windows, etc. as "original cut meat." the words "no synthesis, no water injection, no splicing, no pickling, zero additions" were also used. the above-mentioned sales volume totaled 42,811 orders, and the total sales amount was 3871,607.18 yuan.

the product was reported shortly after it went on sale. the above-mentioned penalty decision stated that between december 5 and 10, 2023, the qingshan district municipal supervision bureau received and accepted a large number of reports that the beef rolls and mutton rolls sold by hubei xianduoyu company through the douyin online store were not the "original cuts" claimed. "beef and mutton, complaints about suspected synthetic spliced ​​meat.

the qingshan district municipal supervision bureau believes that hubei xianduoyu company knew that the ingredients of the "australian grain-fed beef rolls" commissioned to be produced contain beef, water, and compound moisture retaining agents, but it used its douyin store, live broadcast promotion, and product details to the page promotes "original cut meat" and focuses on promoting the "no additives" attribute, which subjectively has the intention to mislead consumers; objectively, it has caused consumers to make wrong judgments, and the parties have used unfair means to gain an advantageous position in product competition, violating the provisions of article 8, paragraph 1 of the anti-unfair competition law have been adopted.

the penalty decision stated that during the investigation, hubei xianduoyu company actively cooperated, proactively provided relevant materials, promptly removed the products involved in the case, and cooperated in properly handling consumer complaints. after comprehensive consideration, he was ordered to immediately correct his illegal behavior and was fined 500,000 yuan.

meicheng mooncake controversy: officials say no illegal behavior has been found by the manufacturer

on the eve of the mid-autumn festival, the "hong kong meicheng mooncakes" sold by anchors such as "crazy young brother" were widely questioned.

the paper previously reported that in response to the doubts caused by meicheng mooncakes, luo yonghao said in the live broadcast that consumers who bought meicheng mooncakes in the "make a friend" live broadcast room will get one refund and three indemnity. at about 12:00 on september 16, the weibo @makefriend live broadcast room released the "explanation on the compensation issues of "hong kong meicheng mooncakes"" stating that "advanced compensation" will be completed as soon as possible after the mid-autumn festival.

as the manufacturer of "hong kong meicheng mooncakes", guangzhou meicheng food technology co., ltd. has also attracted attention. on september 18, the huadu district market supervision and administration bureau of guangzhou city reported that hong kong meicheng food group has registered trademarks such as "meicheng", "hong kong meicheng mooncakes" and "meisun" in hong kong that have been approved for mooncake products. the trademark is authorized to be used by guangzhou meicheng food company. guangzhou meicheng food company can provide the registration information of hong kong meicheng food group and related trademark authorization letters and other materials. second, guangzhou meicheng food company entrusted guangzhou meicheng technology company to process "hong kong meicheng mooncake" products. there is an entrusted processing contract. the product packaging materials are all provided by guangzhou meicheng food company. the outer packaging and text promotion of related mooncake products are use the words "hong kong meicheng mooncake".

the notice shows that guangzhou meicheng food technology co., ltd. has obtained a business license and food production license. the quality management system and production process environment meet the requirements, and no illegal activities have been found so far. recently, supervisors from the guangdong provincial market supervision bureau, guangzhou municipal bureau, and huadu district bureau conducted on-site inspections of guangzhou meicheng technology company three times, and no outstanding food safety hazards were found.

the report stated that in mid-to-late august, testing agencies were commissioned by the city and district levels to carry out special supervision and random inspections of mooncakes in huadu district. three batches of mooncake products produced by guangzhou meicheng technology were specially inspected, and the results were all qualified. in addition, meicheng food company took the initiative to send mooncake products to qualified third-party inspection agencies for entrusted inspection. this year, a total of 32 batches of samples were sent for inspection, and the results were all qualified.