The controversial case of the "Blue Moon Whitening Agent Incident" was held yesterday in the second instance of the Guangzhou Intermediate People's Court. Wang Haizeng, a professional cracker, had been sued by the Blue Moon to court for failing the first trial because he questioned whether the whitening agent in the blue moon laundry liquid was a toxic substance. It is understood that the focus of the controversy on this case yesterday mainly focused on whether or not the blue moon product packaging label was standardized.
The verdict of the trial: the outer packaging logo complied with Wang Hai's case against the Blue Moon product was harmful, and the Blue Moon counterclaim Wang Hai infringed the right of reputation. This started with the mutual judging from June last year, except for the supermarket defendants such as Guangzhou Jizhidao. At one point, Yang Lan, a spokesperson for the Blue Moon, was dragged into the water.
In June 2011, Guangzhou citizen Ye Maoliang purchased a “blue moon deep cleansing care laundry liquid†produced by Blue Moon in Jishou Island Co., Ltd. After using it, he found that the arm had symptoms such as swelling and itching, and the discomfort was not observed after use. Reappear.
Wang Haiwei, acting for Ye Maoliang, held that the “fluorescent whitening agentâ€, a potential carcinogen contained in Blue Moon's laundry detergent, was the cause of the symptoms. However, Blue Moon Company did not specify it on the outer packaging, even advertised the blue moon laundry. Liquid "safety and environmental protection", "hand skin care", "This is false propaganda, misleading, deceiving our consumers." The plaintiff lodged a lawsuit in the court of Tianhe District, Guangzhou City, demanding that Jilindao Company refund the purchase price of 20 yuan and Blue Moon Corporation to pay 20 yuan.
Tianhe District Court held that the blue moon deep cleansing laundry liquid contains fluorescent brighteners that do not pose an unreasonable risk of endangering the safety of people and property. According to the relevant regulations of the National Development and Reform Commission, companies can add fluorescent whitening agents to their detergents; the products involved in the tests are judged to be qualified products by a number of units; Plaintiff Ye Maoliang cannot provide evidence to prove that his person or property is involved in the use of the products involved. got damage.
At the same time, Ye Maoliang complained that the blue moon liquid laundry packaging was suspected of misleading and cheating consumers, and the court did not support it. The court held that the contents marked on the outer packaging of the products involved do not have any false exaggeration. Fluorescent whitening agents are obviously not the main components of the products involved, nor do they fall within the scope of the warning instructions specified in the "Product Quality Law." Therefore, the product involved may not be labeled with fluorescent brighteners, or false publicity that misleads or fraudulent consumers.
Focus of the second instance: Whether the addition of brighteners needs to be identified during yesterday's trial, the court summarized three focus issues. First, whether the whitening agent is poisonous; secondly, whether or not the whitening agent has been added is identified; and third, whether it has exaggerated the publicity.
“The Blue Moon has to make warnings on the packaging. This is very necessary!†Wang Hai said in court that the “fluorescent whitening agent†contained in the blue moon laundry liquid may cause harm to human health, “as long as there is a possibility of harm. Sex, it should be on the package to show warning instructions, otherwise it will constitute a violation of the right to know about consumers.
Wang Hai said that as we all know, in addition to prohibiting the addition of fluorescent whitening agents to foods, health and quality inspection departments in China have prohibited the use of fluorescent whitening agents such as food packaging paper, popcorn buckets, and toilet paper. Fluorescent whitening agent is a benzene ring material with toxicity and strong carcinogenicity. Its nature is a chemical dye, and it has no washing effect at all. In addition to the lotion industry abroad, doctors and consumer organizations generally believe that fluorescent brighteners are carcinogens or potential carcinogens. The study on carcinogenicity of smoking only took a few years to reach a definitive conclusion. According to court investigations, agents have learned that no toxicological studies have been conducted on fluorescent brighteners for more than 10 years in continuous micro-scale use at home and abroad. The risk of use is not yet completely determined.
The Blue Moon Party agent refuted this in court and stated that Wang Hai’s view was “too paranoid†and “as long as the product packaging is written out of its characteristics,†and pointed out that “If the fluorescent whitening agent is marked on the outer package, it will cause consumption. Those who do not know what to do, after all, consumers are mostly not experts, do not understand the true performance of fluorescent whitening agents, "direct identification will actually panic in consumer psychology."
The court did not pronounce the case in court.
The verdict of the trial: the outer packaging logo complied with Wang Hai's case against the Blue Moon product was harmful, and the Blue Moon counterclaim Wang Hai infringed the right of reputation. This started with the mutual judging from June last year, except for the supermarket defendants such as Guangzhou Jizhidao. At one point, Yang Lan, a spokesperson for the Blue Moon, was dragged into the water.
In June 2011, Guangzhou citizen Ye Maoliang purchased a “blue moon deep cleansing care laundry liquid†produced by Blue Moon in Jishou Island Co., Ltd. After using it, he found that the arm had symptoms such as swelling and itching, and the discomfort was not observed after use. Reappear.
Wang Haiwei, acting for Ye Maoliang, held that the “fluorescent whitening agentâ€, a potential carcinogen contained in Blue Moon's laundry detergent, was the cause of the symptoms. However, Blue Moon Company did not specify it on the outer packaging, even advertised the blue moon laundry. Liquid "safety and environmental protection", "hand skin care", "This is false propaganda, misleading, deceiving our consumers." The plaintiff lodged a lawsuit in the court of Tianhe District, Guangzhou City, demanding that Jilindao Company refund the purchase price of 20 yuan and Blue Moon Corporation to pay 20 yuan.
Tianhe District Court held that the blue moon deep cleansing laundry liquid contains fluorescent brighteners that do not pose an unreasonable risk of endangering the safety of people and property. According to the relevant regulations of the National Development and Reform Commission, companies can add fluorescent whitening agents to their detergents; the products involved in the tests are judged to be qualified products by a number of units; Plaintiff Ye Maoliang cannot provide evidence to prove that his person or property is involved in the use of the products involved. got damage.
At the same time, Ye Maoliang complained that the blue moon liquid laundry packaging was suspected of misleading and cheating consumers, and the court did not support it. The court held that the contents marked on the outer packaging of the products involved do not have any false exaggeration. Fluorescent whitening agents are obviously not the main components of the products involved, nor do they fall within the scope of the warning instructions specified in the "Product Quality Law." Therefore, the product involved may not be labeled with fluorescent brighteners, or false publicity that misleads or fraudulent consumers.
Focus of the second instance: Whether the addition of brighteners needs to be identified during yesterday's trial, the court summarized three focus issues. First, whether the whitening agent is poisonous; secondly, whether or not the whitening agent has been added is identified; and third, whether it has exaggerated the publicity.
“The Blue Moon has to make warnings on the packaging. This is very necessary!†Wang Hai said in court that the “fluorescent whitening agent†contained in the blue moon laundry liquid may cause harm to human health, “as long as there is a possibility of harm. Sex, it should be on the package to show warning instructions, otherwise it will constitute a violation of the right to know about consumers.
Wang Hai said that as we all know, in addition to prohibiting the addition of fluorescent whitening agents to foods, health and quality inspection departments in China have prohibited the use of fluorescent whitening agents such as food packaging paper, popcorn buckets, and toilet paper. Fluorescent whitening agent is a benzene ring material with toxicity and strong carcinogenicity. Its nature is a chemical dye, and it has no washing effect at all. In addition to the lotion industry abroad, doctors and consumer organizations generally believe that fluorescent brighteners are carcinogens or potential carcinogens. The study on carcinogenicity of smoking only took a few years to reach a definitive conclusion. According to court investigations, agents have learned that no toxicological studies have been conducted on fluorescent brighteners for more than 10 years in continuous micro-scale use at home and abroad. The risk of use is not yet completely determined.
The Blue Moon Party agent refuted this in court and stated that Wang Hai’s view was “too paranoid†and “as long as the product packaging is written out of its characteristics,†and pointed out that “If the fluorescent whitening agent is marked on the outer package, it will cause consumption. Those who do not know what to do, after all, consumers are mostly not experts, do not understand the true performance of fluorescent whitening agents, "direct identification will actually panic in consumer psychology."
The court did not pronounce the case in court.
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