If parties purchase counterfeit and shoddy products, they can claim compensation by complaining to the Consumers Association or directly filing a lawsuit with the court. The law stipulates that if an operator commits fraud in providing goods or services, he or she shall comply with the requirements of the consumer. Increase compensation for the losses suffered.

1. Compensation standard for counterfeit and shoddy products

The compensation standard for counterfeit and shoddy products is double the amount of compensation for the original product. If the amount of counterfeit products sold is more than 50,000 yuan but less than 200,000 yuan, he will be sentenced to two years in prison and 50% of the amount of the counterfeit products sold. If the sales amount is too large and the circumstances are serious, they will be sentenced to fifteen years in prison and their property will be confiscated.

2. How to compensate consumers for fake and shoddy products

The ways to compensate consumers for fake and shoddy products are:

1. The sale of fake and shoddy products harms consumers. If you have any rights and interests, you can apply for compensation in accordance with the Consumer Rights Protection Law, and the losses caused will be the basis for compensation. If it is food, you can ask for compensation of ten times the purchase price.

2. For units that sell counterfeit and shoddy products, the industrial and commercial department may impose administrative penalties and destroy the products.

3. If the sales volume of counterfeit and shoddy products is relatively large, criminal liability for the crime of producing and selling counterfeit goods may be pursued.

3. What are the situations of counterfeit and shoddy products?

The General Administration of Quality Supervision, Inspection and Quarantine stipulates that the main situations of counterfeit and shoddy products are as follows:

1. Counterfeiting or counterfeiting Using quality marks and license marks such as certification marks, famous brand product marks, inspection exemption marks;

2. Forging or using false origins;

3. Forging or using falsely Other people’s factory names and addresses;

4. Counterfeiting other people’s registered trademarks;

5. Adulteration, passing off fake as genuine or substandard;

6. Failure or deterioration;

7. There is an unreasonable risk endangering human health and personal and property safety

8. The indicated indicators are inconsistent with the actual situation;

9. Production and sales are expressly prohibited by relevant national laws and regulations.

The General Administration of Quality Supervision, Inspection and Quarantine also stipulates that the distribution of the following products without correction after being pointed out will be deemed to be the distribution of counterfeit and shoddy goods:

1. No inspection certificate or no relevant unit to allow sales Certified;

2. Domestic products are not marked with the product name, producer and place of origin in Chinese (important industrial products are not marked with the factory address);

3. Use for a limited time without indicating expiry. Time;

4. Implement production (manufacturing) license management without indicating the license number and validity period;

5. Use Chinese to indicate specifications, grades, main contents in accordance with relevant regulations Technical indicators or ingredients, content, etc. are not indicated;

6. High-end durable consumer goods without Chinese instructions for use;

7. Processed goods (including defective and substandard goods) ) without marking the word "processed product" on a prominent part of the product or package;

8. Highly toxic, flammable, explosive and other dangerous goods without marking relevant labels and instructions for use.

Legal Basis

"Consumer Rights and Interests Protection Law"

Article 55 If an operator engages in fraudulent behavior in providing goods or services, it shall comply with consumer regulations. If the consumer requires increased compensation for the losses suffered, the amount of increased compensation shall be three times the price of the consumer's purchase of goods or the cost of receiving services; if the amount of increased compensation is less than 500 yuan, the amount of increased compensation shall be 500 yuan. If the law provides otherwise, such provisions shall prevail.

If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to request the operator to comply with Article 49 of this Law. Article 51 and other laws stipulate compensation for losses, and the party has the right to demand punitive compensation of less than twice the loss suffered.