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Is selling fake wine a fraud? How much can I file a case for recovery?
According to Article 70 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for the Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs, the actor sells goods that he knows are counterfeit registered trademarks, and the sales amount is more than 50,000 yuan; Not yet sold, with a value of more than150,000 yuan; Or if the sales amount is less than 50,000 yuan, but the total sales amount and the value of unsold goods are more than 150,000 yuan, the public security organ shall file a case for prosecution. In other words, if a bottle of Moutai goes to the public security organ to report the case, it is very likely that the public security organ will make a decision not to file a case.

It is suggested that the parties concerned should go to a qualified institution for wine appraisal in time, carry appraisal opinions, valid certificates for purchasing goods (if there is no purchase certificate, it is recommended that the parties confirm the audio-visual evidence recognized by the operators through mobile phone recording and video recording) and other valid evidence, and then complain to the local market supervision and management department. According to Article 148 of the Food Safety Law of People's Republic of China (PRC) (the Law), if the food safety standards are not met, consumers may demand compensation of ten times the price or three times the loss from the operators; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan.

The reference materials are as follows:

People's Republic of China (PRC) Food Safety Law (Law)

Article 148 Consumers who eat food that does not meet the food safety standards may claim compensation from the operators or producers. The producers and operators who accept the consumer's claim for compensation shall implement the first responsibility system, pay in advance, and shall not shirk; If it is the producer's responsibility, the operator has the right to recover from the producer after compensation; If it is the responsibility of the operator, the producer has the right to recover from the operator after compensation.

In the production of food that does not meet the food safety standards or in the operation of food that is known to fail to meet the food safety standards, consumers can demand compensation from the producers and operators for losses that are ten times the price or three times the loss; If the additional compensation amount is less than 1000 yuan, it is 1000 yuan. However, the labels and instructions of food have the defects of not affecting food safety and not misleading consumers.