Car child safety seat without 3C logo consumer claim is supported

Since September 1, 2015, the AQSIQ has implemented mandatory product certification (3C certification) for child safety seat products, which has become the standard for products to be sold on shelves. Recently, Wuzhong Court made a judgment on a case in which a supermarket sold a 3C-certified safety seat. The supermarket had to pay consumers three times the price.

In October 2015, Mr. Jin purchased two children's car safety seats in a supermarket at a price of RMB 1980 and RMB 1,680 respectively. Mr. Jin found that the two safety seats were not marked with a compulsory product certification mark. He found a notice issued by the General Administration of Quality Supervision, Inspection and Quarantine on the implementation of compulsory product certification for motor vehicle child occupant restraint system issued on January 22, 2014, which requires: "According to the "People's Republic of China certification The Regulations, it is now decided to implement compulsory product certification for the motor vehicle child occupant restraint system. Since September 1, 2015, the compulsory product certification certificate and the restraint of the motor vehicle child occupant not marked with the compulsory product certification mark have not been obtained. The system may not be manufactured, sold, imported or used in other business activities.” Mr. Jin believes that the two child safety seats he purchased violated the regulations and that a supermarket still sells them and should be considered fraudulent. He sued the supermarket to the Wuzhong court and demanded a refund of 3,660 yuan for the purchase price and 10,980 yuan for the three-fold price.

A supermarket believes that it acts as a seller to strictly inspect and supervise the production license and quality certification of the products involved. The products involved do not violate the mandatory provisions of the product quality law on product quality, and are qualified products, so they are There are no subjective faults in the products involved in the case; and the provisions of the Certification and Accreditation Regulations are not mandatory norms of product quality, and there is no special regulation on the products involved, so the products involved do not violate the provisions of the regulations.

The Wuzhong court held that Article 5 of the Measures for Punishment of Infringement of Consumer Rights and Interests stipulates that operators shall not sell goods that the state has ordered to phase out and stop selling. According to the "Announcement of the General Administration of Quality Supervision, Inspection and Quarantine and the National Certification and Accreditation Administration on the implementation of compulsory product certification for motor vehicle child occupant restraint system", the car safety seat involved is not marked with a compulsory product certification mark, and may not be sold, and the defendant still sells it. It should be considered fraud. According to the relevant provisions of the Consumer Protection Law, Wuzhong Court made a judgment. The defendant refunded the payment of 3660 yuan and paid 10,980 yuan of compensation for a total of 14,640 yuan. At the same time, the plaintiff returned the car seat involved in the case to the defendant.

The judge reminded that the child safety seat is very important for the safety of children riding. When purchasing, the majority of consumers should choose formal professional channels to purchase products with high brand awareness and meeting the national mandatory standards.

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