You can call 12315 to report to the industrial and commercial department, or you can report to the local industrial and commercial department. National law stipulates that selling counterfeit cigarettes will be punished by the industrial and commercial department. After receiving the report, the tobacco department will investigate and complain according to the requirements. We must adhere to the principles of research and strict confidentiality to combat tobacco-related illegal and criminal activities.

Legal Analysis

According to the Tobacco Monopoly Law of the People's Republic of China and the People's Republic of China, the production and sale of cigarettes, cigars, and packaged cut tobacco without registered trademarks shall be subject to the administration of industry and commerce The department ordered the company to stop production and sales and imposed fines. Anyone who produces or sells tobacco products that counterfeit someone else's registered trademark shall be ordered by the industrial and commercial administration department to stop the infringement, compensate the infringer for losses, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law. How to protect your rights after purchasing counterfeit cigarettes depends on the specific circumstances. Generally speaking, when consumers who buy counterfeit cigarettes negotiate with cigarette retailers, they will encounter the following three situations: First, the retailer admits that the counterfeit cigarettes are sold by it. In this case, the consumer can contact the retailer Negotiate with the dealer. If a retailer provides compensation very simply, then the retailer is suspected of selling counterfeit products. After receiving compensation, consumers should call the "12313" tobacco specialty product market supervision service hotline to report. Second, under the premise of clarifying the stores where cigarettes are sold, retailers and consumers disagree on the authenticity of cigarettes. At this time, consumers can bring their cigarettes to the Tobacco Monopoly Bureau’s Regulations Office for authenticity identification, and the quality inspection department will provide consumers with free identification services. Third, there was a dispute between the consumer and the retailer. The retailer did not admit that the cigarettes the consumer took were sold by it, and the consumer could not provide sufficient evidence to prove that the cigarettes were sold by this retailer, and the two parties failed to reach an agreement. In this case, consumers can send the cigarettes to the Tobacco Monopoly Bureau’s Regulations Division. If they are identified as counterfeit cigarettes, the Regulations Division will contact the Tobacco Monopoly Bureau, which will handle the matter in accordance with laws and regulations. Consumers need to specify the address and name of the store selling cigarettes to facilitate investigation by law enforcement officials. Fourth, if there is no evidence to prove where the counterfeit cigarettes were purchased, it will be more difficult for consumers to protect their rights. Therefore, it is best for consumers to recall where the retailer took the cigarettes out of the store when purchasing cigarettes, so that law enforcement officers can check on-site where counterfeit cigarettes are hidden. If the retailer complained against is found to be selling counterfeit cigarettes, law enforcement officials will order the retailer to compensate consumers in accordance with the Consumer Rights Protection Act. At the same time, the tobacco department will also deal with counterfeit retailers in accordance with laws and regulations.

Legal Basis

"Tobacco Monopoly Law of the People's Republic of China" Article 33: Producing and selling cigarettes, cigars, and packaged shredded tobacco without registered trademarks , the industrial and commercial administration department shall order the company to stop production and sales and impose a fine. Anyone who produces or sells tobacco products that counterfeit someone else's registered trademark shall be ordered by the industrial and commercial administration department to stop the infringement, compensate the infringer for losses, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law.