Local Reference Case: Diet Product Refund and Tenfold Damages

Reference Case: Li Mou v. Zhang Mou over Diet Product Sales

A buyer is not stripped of consumer status merely because of repeat purchases or prior litigation, so long as the product was not bought for resale or business use. Where a seller supplies unlabeled diet products containing sibutramine, the seller must refund the purchase price and pay punitive damages, though courts may limit the punitive-damages base when later purchases clearly exceed ordinary household consumption needs.

Holding

A buyer is not stripped of consumer status merely because of repeat purchases or prior litigation, so long as the product was not bought for resale or business use. Where a seller supplies unlabeled diet products containing sibutramine, the seller must refund the purchase price and pay punitive damages, though courts may limit the punitive-damages base when later purchases clearly exceed ordinary household consumption needs.

Issues

unlabeled diet productssibutramine contaminationconsumer status despite knowing defectspunitive damages for food safety violations