This is illegal. . Let me show you a case like this: Case Facts

Based on reports from the masses, the Quality Supervision Bureau of City Y in a certain province conducted law enforcement inspections of lape brand women's shirt products processed by a Ruihua Garment Factory in City Y in accordance with the law. . An on-site inspection found that the sewing workshop of Ruihua Garment Factory was processing a batch of lape brand women's shirt products. The washing marks sewn on the products and the hanging tags (certificates) marked the origin of the products as "Shanghai, China". The price marked on the product certificate is 199 yuan per piece. The product manufacturer is marked as "Shanghai T Garment Company" in small fonts on the product certificate, and the manufacturer's address is marked; the name, address, phone number and lape brand name of Shanghai L Industrial Company are marked on the front of the certificate in large fonts ( The lape brand trademark is owned by Shanghai L Industrial Company).

Investigation

Preliminary qualitative investigation: The fabric cutting of this batch of lape brand women's shirt products was completed by Shanghai T Garment Company in Shanghai and shipped to Y City Ruihua Garment Factory from Shanghai. T Garment Company entrusts Ruihua Garment Factory for processing, and the sewing assembly of the product is completed by Ruihua Garment Factory in Y City. Suspected of forging origin.

Find out the facts of the case: After investigation, it was found that the batch of lape brand women's shirt products were produced by Shanghai L Industrial Company entrusted by Shanghai T Clothing Company. The two parties agreed on the raw materials (surface and auxiliary materials, zippers, buttons) and trademarks of the products. , washing labels, certificates and packaging are provided by Shanghai L Industrial Co., Ltd. Shanghai L Industrial Co., Ltd. is responsible for sample design, and Shanghai T Garment Co., Ltd. is responsible for the cutting, sewing assembly, ironing and packaging of the products. The two parties agreed that the product processing fee is 19 yuan. per piece. After the contract was signed, Shanghai T Garment Company was unable to complete all the contents of the contract in Shanghai for some reason, so it sent all the cut pieces of clothing, zippers, buttons, trademarks, wash marks, certificates and packaging to Ruihua Company. Entrust Ruihua Garment Factory to sew the combination, iron it and pack it.

It has also been found that Shanghai L Industrial Company sent quality inspection personnel to Ruihua three times before the batch of clothing was sewn and assembled by Ruihua Garment Factory products, during the sewing and assembly, and after ironing and packing. Hua Company implemented initial, mid-term and final quality inspections. The fact is that Shanghai L Industrial Company approved the re-entrustment of Shanghai T Garment Company. Shanghai L Industrial Company is responsible for the external sales of products.

my country's "Product Quality Law" and other laws and regulations set the information disclosure obligations of product producers from a legislative perspective, and also require that the product information disclosed by producers must be true.

For example: Article 27 of the "Product Quality Law" stipulates that the logo on the product or packaging must be authentic and meet certain requirements: a certificate of conformity, the product name, the name of the manufacturer, and the name of the manufacturer in Chinese. Factory address, etc.

The "Consumer Rights and Interests Protection Law" also has strict regulations on the authenticity of product information disclosure. Article 16 of the Law stipulates that operators providing goods or services to consumers shall perform their obligations in accordance with the "Law of the People's Republic of China and Domestic Product Quality" and other relevant laws and regulations. Article 19 stipulates that operators shall provide consumers with true information about goods or services and shall not make misleading propaganda.

It goes without saying that the origin labeling of a product must be true. Although our country currently does not mandate that manufacturers of clothing products must disclose the origin of the product when disclosing product information, however, once the origin information of the product is disclosed, it must be true. The "Product Quality Law" establishes mandatory legal norms in this regard: producers are not allowed to falsify the place of origin, and stipulates relevant penalties.

The "Product Quality Law" stipulates that the name and address of the "manufacturer" must be marked, and the "Product Labeling Regulations" products should be marked with the name and address of the "producer". It also stipulates that the entrusted processing party is not responsible for external Sales should be marked with the name and address of the entrusting party.

Three thoughts on this:

1. The "Product Quality Law" stipulates that the "manufacturer" (name, address) that must be marked on a product is obviously not equal to the "producer" category, how should legislators interpret this? Product labeling information must be true. For entrusted products, does the "Product Labeling Regulations" mean that it is beneficial to some producers who do not produce their own products to buy other people's products, shield the true product information, and put themselves in the position of producers? For external sales, this constitutes information infringement on consumers.

2. Item 2 of Article 27 of the "Product Quality Law" should be revised to read: "The name and address of the producer are marked in Chinese. If the producer and the actual production plant are inconsistent, they shall be marked separately."

3. To further standardize the product labeling behavior of producers, Article 54 of the "Product Quality Law" should also be revised, and financial penalty clauses for labeling violations should be set. Simply ordering corrections is not enough. Correct product labeling violations.

In practice, producers are unable to fully and truly disclose product information based on certain interests. OEM, the abbreviation of original equipment manufacturer, is a method of OEM production. Its meaning is that the producer does not directly produce products, but uses the key core technologies he has mastered to be responsible for design and development, and control of sales. Channel, the specific processing business is handed over to other companies. This method is a common phenomenon that gradually emerged in the world after the electronics industry developed in large quantities. International large companies such as Microsoft and Apple have adopted this method. method) Failure to truthfully disclose the actual manufacturer of a product is common. Does this situation comply with the provisions of Article 27 of the current Product Quality Law?

The significance of truthfully labeling the origin of a product is to ensure consumers’ right to know and facilitate consumers to use the original origin information to consider the reputation and image of the product’s producer and regional products, and based on the consumer’s own Accumulate experience and make rational choices to make the final decision on whether to buy.

(2) Investigation and handling practices of this case

1. Investigate and identify the final manufacturing place, processing place, or assembly place of the product involved as soon as possible. The sewing and assembly process of clothing products belongs to the final production place or processing and assembly place of the product. Relevant parties proposed that the products involved in the case still undergo piece-by-piece inspection in Shanghai, and believed that the products could be labeled as originating in Shanghai. This should be rejected in accordance with the law.

2. Take prompt administrative enforcement measures against the products involved in accordance with the law. Forgery of origin is a serious quality problem, and administrative penalties of confiscation shall be imposed in accordance with the law, and sealing or seizure shall be carried out immediately in accordance with the law, regardless of whether the product has passed the factory inspection and is in a state of being ready for sale.

3. Identify Shanghai L Industrial Company as the manufacturer of the products involved. Based on the previous discussion, in this case, Shanghai L Industrial Company is the manufacturer that organizes the production and processing of the lape brand women's shirt products, and is responsible for external sales. It has its own name and address marked on the products, and it belongs to the manufacturer of the products according to law. At the same time, he knew that the product was not processed and produced in Shanghai, and he should bear the responsibility for the quality of the product from the counterfeit place of origin in accordance with the law.

4. Regarding the quality responsibility determination of the manufacturer "Shanghai T Clothing Co., Ltd." marked on the product, the author believes that the manufacturer's name marked on the product is essentially the name of the production plant marked on the product as agreed by both parties. Name, Shanghai T Garment Company is the entrusted processor and belongs to the production plant. If the name of the entrusting party "Shanghai L Industrial Co., Ltd." is not marked on the product, Shanghai T Garment Co., Ltd. will be upgraded to the manufacturer of the product in accordance with the law and assume the quality responsibility of the product.

5. Product unit price determination, according to the relevant interpretation of the "Opinions on Several Issues of the "Product Quality Law"" (National Quality Inspection Law [2011] No. 83), the price of a single product produced should be clearly stated as sales The unit price is calculated as 199 yuan per piece. .

Therefore, dripping is not allowed