Wang Hai informs the coca-cola case opened a court session yesterday

Wang Hai informs the coca-cola case opened a court session yesterday
Www.zjonline.com.cn is reported on March 26 Yesterday morning, Wang Hai indicted the coca-cola without marking the caffeine content and warning, infringing a case in the know of consumer ( detailedly) ,Try in the court of Hangzhou West Lake district publicly.
A different one is when with prosecuting, Wang Hai denotes the caffeine as the essence with Coca-Cola, suspect the other side utilizes the excitant characteristic of caffeine and causes the addiction to make consumers habit-forming to the coca-cola on purpose, it produce reliance on coke,it suspected of being involved in swindling for from,add extra by two item claims: Return, ask court take over in the Hangzhou assembling the intersection of food and Co., Ltd. produce and sell the intersection of coca-cola and illegal the intersection of income and 1 billion of soda together by one compensation.
One party of coca-cola thinks, Wang Hai's lawsuit has no fact and legislative authority. Because Wang Hai disagrees with mediating, the court has not pronounced this case on the spot.
Wang Hai changes the sunglasses dress in the court
Yesterday, the reporter saw the court of West Lake district was that a civil case tried and sent a large number of bailifves to keep order for the first time. Besides strict safety inspection, even lead to the corridors and court entries of the first floor court to assign bailifves.
"That one sitting on plaintiff's mat is a lawyer, how to him wear the sunglasses? Will not Wang Hai come? " At 8:30 morning of yesterday, leaving the front yard has half an hour, 2121 courts that could hold one hundred people have already had no empty seat.
That wears sunglasses (verify it is the light-sensitive sunglasses) Lawyer for this newspaper for legal adviser Zhejiang six and the lawyer Liu ChengLins of lawyer's office, to him side by side it is should another person lawyer.
Two lawyers that the food Co., Ltd. of assembling is engaged by the general headquarters of Shanghai of coca-cola appear in court in Hangzhou, Zhejiang century unites China supermarket Co., Ltd. and appears in court from an attorney and a employee.
At about 45 past 8 a.m., Wang Hai comes into the court hastily, is still carrying a red plastic bag on hand, inside is two canned coca-cola. Compared with the situation that a pair of large sunglasses, a suit of easy dresses were dressed up in the past, dress at the Wang Haifa front yard seem very solemnly, the big sunglasses have been turned into black frame glasses (only after the court's trial, in the face of camera lens, Wang Hai has worn the big sunglasses) ,On wear wicked pieces of shirt and one of short gowns.
Add extra two claims in front of the front yard
At 9 o'clock a.m., the court's trial begins. Wang Hai's claims when being sued have 5 items: Including sentencing two defendants (Zhejiang century unite and assemble in food Co., Ltd. in China supermarket Co., Ltd. and Hangzhou) to making Make an apology; Mark concrete composition and content (especially the caffeine) of additive on the packing of product And the warning statement " Non- suitable crowd: Children " ,And introduce the excessive danger consequence that drinks; Sentencing makes two defendants bear because of participating in the round travel charge of 6000 yuan of Hangzhou of Beijing that the lawsuit produces.
But after the acceptance and hearing of a case, Wang Hai has added extra two claims: Sentence 2 yuan to making century unite China and send back goods, compensation doubling totals 4 yuan; Ask the court to take over and produce and sell the illegal income of 1 billion yuan of soda of coca-cola in the food Co., Ltd. of assembling in Hangzhou.
To the reason for adding extra two claims, Wang Hai explains on the law court like this: On February 8, he finds when Macao beans gains Xiaoshan shop has a meal the coca-cola sold in this restaurant annotates and involves the coca-cola of lawsuit and is annotated and inconsistent, one denotes caffeine as the spices, one denotes caffeine as food additive. The coca-cola ordered is produced for January 4 of 2009 when Wang Hai has a meal, turn the sign of the caffeine into " Food additive (oxidize carbon, burnt fried sugar, phosphoric acid, caffeine) The edible spices " .
After getting back to Beijing, Wang Hai consults the relevant materials, finds in the regulation about edible spices variety catalogue of State Bureau of Quality Testing, have not classified the caffeine as the edible spices.
Wang Hai thinks, assembles in food Co., Ltd. in Hangzhou as the professional food manufacturing enterprise, should know the above-mentioned sector standard and relevant regulations, contain and cause the medicine excitant of the addiction to label the coca-cola as the spices before 2009, totally infringe the fraud of consumer's right of being in know.
Take over 1 billion yuan " The unlawful gains " How to calculate, Wang Hai says in wanted advertisement, this company propagates the annual after-tax profit of 180 million yuan, among them the coca-cola takes the major part, and assemble in the company and produce the time span of coca-cola in Hangzhou from 1987 to 2008, its selling unlawful gains should be more than 1 billion yuan.
Bring " pharmacopoeia " to dispute around two focuses
One party of Wang Hai has submitted 17 evidences to the court face to face, including " pharmacopoeia of the People's Republic of China ",etc., in order to prove medicine classification, function, bad reaction and taboo item of the caffeine,etc..
Century united one party of China to take out they and agreement contracts and value-added tax invoices of the company of assembling in Hangzhou, prove its coca-cola source that is sold is legal, and reached due responsibility and obligation allly.
Assembling in the company has shown " production licence of the industrial products " in Hangzhou in court, " food label certificate ", " the hygiene of food additive uses the standard " and U.S.A. FDA food law, prove the caffeine generally acknowledges safe food additive.
The court sums up two major dispute focuses finally: First, it accords with the legal provision of our country whether the coca-cola products are annotated, whether encroach on consumers' right of being in know; Second, suppose and infringe and establish whether cause my loss of Wang Hai.
In court debate, two defendants have standing to sue to lift the objection to Wang Hai at first, because Wang Hai is different from ordinary consumers, its purpose to buy coca-cola, just in order to prosecute, even prosecute, Wang Hai can not propose the lawsuit requirement on behalf of the whole consumer's colony, because of the laws and regulations of our country, there is not this statement of public service lawsuit.
Assemble in the Hangzhou company emphasize caffeine have or apply many kinds of food to generally and in the beverage especially also, and safe handling history that has centuries, and get most countries or areas to approve of extensively. Even in our country, the caffeine is that Chinese Health Ministry approves, gets permission to be used in one of the food additive in various food and beverage, and the national relevant laws and regulations do not have content of demanding to indicate the caffeine clearly or term of any warning. The coca-cola follows the strict quality control systems all the time, has all set up strict safety standard with composition used in the products, in order to guarantee the laws and regulations of the local security coincidence of the products.
One party of Wang Hai says, they do not think there are quality problems in the coca-cola, the purpose to go to court is to require Coca-Cola to ensure consumer's right of being in know and healthy, and mark the caffeine content and warns and annotates on the packing of product.

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