Can a buyer who purchased defective food or drugs, knowing that such defects existed, claim a full refund of the purchase price and compensation? According to the Judicial Interpretation on Issues concerning the Application of Laws relating to Food and Drug Disputes (the “Interpretation 2013”) promulgated by the Supreme People's Court (“SPC”) on 23 December 2013, consumers will indeed be entitled to do so.
The Interpretation 2013 will become effective on 15 March 2014, the same date a new PRC Consumer Protection Law enters into effect. The Interpretation 2013 applies to disputes about food, drugs, cosmetics and health care products (“Products”). The most important content of the Interpretation 2013 is set out below.
Please access the Newsletter to read more.