The penalty of 5 yuan for expired food varies according to different situations:

1. If expired food is sold, and the value of the illegally produced and operated food is less than 10,000 yuan, a fine of less than 10,000 yuan will be imposed. A fine of not less than 2,000 yuan but not more than 50,000 yuan will be imposed; if the value of the goods exceeds 10,000 yuan, a fine of not less than twice but not more than ten times the value of the goods will be imposed.

2. If it causes personal injury to the consumer, in addition to compensation for medical expenses and other related treatment expenses, a compensation of more than 500 yuan should also be paid.

3. According to paragraph 2 of Article 148 of the Food Safety Law, consumers can claim compensation of 10 times the price or 3 times the loss. If the amount of compensation is higher than 1,000 yuan, it will be calculated as 1,000 yuan. However, if there are defects in food labels and instructions that do not affect food safety and will not mislead consumers, the above provisions do not apply.

Any of the following circumstances constitutes consumer fraud:

1. Selling adulterated or adulterated goods, passing off fake as genuine, or passing off substandard goods as good;

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2. Using false or other improper means to make the quantity of the goods sold insufficient;

3. Selling "processed goods", "defective goods", "defective goods" and other goods And falsely claiming to be genuine;

4. Selling goods at false “clearance prices”, “sale prices”, “lowest prices”, “preferential prices” or other deceptive prices;

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5. Selling goods with false product descriptions, product standards, physical samples, etc.;

6. Not selling goods under their true names and marks;

< p>7. Using methods such as hiring others to conduct deceptive sales inducements;

8. Making false on-site demonstrations and explanations;

9. Using radio, television, and movies , newspapers and other mass media to falsely advertise products;

10. Defraud consumers of advance payments;

11. Use mail order sales to defraud prices without providing or failing to comply with the agreement Providing goods under certain conditions;

12. Selling goods through false “prize sales”, “principal repayment sales” and other methods;

13. Using other false or improper means to defraud consumer behavior.

In summary: Food advertisements must be true and legal, must not contain false content, and must not involve disease prevention or treatment functions. Food producers and operators are responsible for the authenticity and legality of food advertising content. At the same time, false propaganda that violates legal provisions will be punished.

Legal basis:

"Consumer Rights and Interests Protection Law of the People's Republic of China"

Article 49

If operators provide goods or services that cause personal injury to consumers or other victims, they shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, etc. for treatment and recovery, as well as the loss of income due to missed work. If disability is caused, compensation for disability living aids and disability compensation shall also be provided. If death is caused, funeral expenses and death compensation should also be compensated.

Article 51

If an operator engages in conduct that infringes upon the personal rights and interests of consumers or other victims, such as insults and defamation, body searches, infringement of personal freedom, etc., causing serious mental damage, The victim can claim compensation for mental damages.

Article 55

If an operator commits fraud in providing goods or services, he shall increase compensation for the losses suffered by the consumer at the request of the consumer. The amount of increased compensation shall be the amount of the consumer. Three times the price of goods purchased or the cost of receiving services; if the amount of additional compensation is less than 500 yuan, it shall be 500 yuan. If the law provides otherwise, such provisions shall prevail.