以假充真、使用过期食品原料……三亚公布7起侵害消费者权益、扰乱市场秩序的典型案例

“3.15” International Consumer Rights Day Approaching

Sanya Market Supervision Administration

Publishes 7 Typical Cases

Details as follows

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1. Hainan Real Estate Development Co., Ltd.

False Advertising Case

From 2019 to 2025, Hainan Real Estate Development Co., Ltd. illegally included corridor public areas in model homes for decoration display and sales promotion during project sales, without truthfully informing buyers of this key information, misleading consumers to make purchasing decisions. The company’s behavior violates Article 8, Paragraph 1 of the Anti-Unfair Competition Law of the People’s Republic of China (2019 Revision), constituting false advertising. Based on Article 20, Paragraph 1 of this law, the Sanya Market Supervision Administration fined the company 240,000 yuan.

Consumer Tip: Information such as model home setup, actual apartment size, and space ownership are core factors influencing consumer purchasing decisions. Real estate companies illegally include public areas in model homes and conceal facts for sale, which is a typical false advertising behavior. It infringes on consumers’ right to know and fair trading rights, and damages the normal market order. This case warns real estate operators to uphold integrity, fully and truthfully disclose key information about property rights, layouts, and amenities, and strictly prohibit concealment and misleading practices.

2. Villa Rental Shop in Haitang District, Sanya

Unauthorized Use of Influential Name Case

In January 2023, a villa rental shop in Haitang District, Sanya, illegally used the name “Tianfang Intercontinental,” causing consumers to mistakenly believe it was associated with a well-known hotel in the area, to gain business opportunities. The behavior violates Article 6, Item 2 of the Anti-Unfair Competition Law of the People’s Republic of China (2019 Revision), constituting illegal use of a name with influence to cause confusion. The Sanya Market Supervision Administration fined the shop 10,000 yuan and confiscated 15,000 yuan of illegal gains.

Consumer Tip: This case serves as a warning to market operators to prevent free-riding and brand imitation. Operators should establish their own brand awareness, comply with laws when using business names and logos, and avoid unauthorized use of well-known names or brands that could mislead the public. Violators will bear legal responsibility. Consumers should verify the qualifications and brand marks of accommodation and dining service providers to avoid losses caused by name confusion.

3. Antique Shop in Sanya

Selling Fake or Substandard Products Case

On January 25, 2025, Mr. Zhang purchased seven items at a Sanya antique shop, including “Guatemala Jade Carving,” “Violet Bracelet,” “Wild Sea Water Pearl Necklace,” and “Horn Carved Shakyamuni,” totaling 27,000 yuan. Professional testing revealed the items were dyed quartz, freshwater cultured pearls, and the so-called “rhinoceros horn, tiger bone” carvings could not be verified for origin, contradicting the shop’s claims. The behavior violates Article 39 of the Product Quality Law of the People’s Republic of China, constituting illegal sales of counterfeit or substandard products. The Sanya Market Supervision Administration transferred the case, and the Sanya Comprehensive Administrative Law Enforcement Bureau fined the shop 980,750 yuan.

Consumer Tip: The antique and jewelry market is not outside the law. Industry practices do not override legal standards. This case warns operators of valuable goods like antiques and jewelry to strictly adhere to quality and integrity, truthfully disclose material, origin, and appraisal information, and prevent counterfeit or substandard sales. Consumers should verify official certification and use authoritative channels to confirm product information to protect their rights.

4. Department Store in Jiyang District, Sanya

Infringement of Registered Trademark Rights Case

In January 2025, a department store in Jiyang District, Sanya, sold two bottles of counterfeit “Guojiao 1573” brand liquor without verifying the source or retaining supplier qualification and product compliance documents. The behavior violates Article 57, Item 3 of the Trademark Law of the People’s Republic of China. The Sanya Market Supervision Administration fined 12,000 yuan and confiscated all infringing goods.

Consumer Tip: The “Guojiao” trademark series is a well-known registered trademark with high brand value and market recognition. Selling counterfeit liquor damages the rights of trademark owners and endangers consumer safety, disrupting market order. This case reminds operators to strictly implement procurement verification, resist counterfeit products, and operate lawfully and honestly.

5. Hainan Trading Co., Ltd.

Unauthorized Use of “Organic” Label Without Certification Case

From February to March 2025, Hainan Trading Co., Ltd. purchased ordinary “scattered flower” vegetables from Sanya Honggang Market and labeled them as “Organic Cauliflower” for sale without obtaining organic certification or holding any certification documents, selling a total of 53.63 kg. The behavior violates Article 34, Item 1 of the Organic Product Certification Management Measures, constituting illegal use of the “organic” label to mislead the public without certification. The Sanya Market Supervision Administration fined 3,000 yuan and confiscated 534 yuan of illegal gains.

Consumer Tip: Organic product labels are protected by law. The “organic” label must be obtained through proper certification. Consumers should check for organic certification marks, organic codes, and certification body information, and verify authenticity via official platforms to avoid being misled by false labels.

6. Off-campus Childcare Center in Haitang District, Sanya

Using Expired Food Raw Materials Case

In January 2025, a childcare center in Haitang District, Sanya, used expired seasonings in food preparation, posing serious food safety risks. The behavior violates Article 34, Item 3 of the Food Safety Law of the People’s Republic of China, constituting illegal use of expired raw materials in food production. The Sanya Market Supervision Administration transferred the case, and the Sanya Comprehensive Administrative Law Enforcement Bureau fined 10,000 yuan and confiscated the expired seasonings.

Consumer Tip: Food safety for minors is a top priority. Food service providers such as off-campus childcare centers and school cafeterias must strictly fulfill their food safety responsibilities, control procurement, storage, and usage processes, regularly remove expired or spoiled ingredients, and ensure the safety of children’s diets.

7. Seafood Restaurant in Tianya District, Sanya

Commercial Bribery Case

In January 2026, a seafood restaurant in Tianya District, Sanya, paid multiple “kickbacks” to drivers to induce them to bring passengers to the restaurant, artificially inflating costs and infringing on consumer rights. The behavior violates Article 8 of the Anti-Unfair Competition Law, constituting commercial bribery. The Sanya Market Supervision Administration plans to fine the restaurant 200,000 yuan.

Consumer Tip: Business operators using commercial bribery to attract customers ultimately pass the costs onto consumers through higher prices and lower quality, severely harming consumer rights. This case warns restaurant operators to operate honestly and avoid bribery practices. Consumers should be cautious of small favors like fare discounts, not trust drivers or guides to induce consumption, and choose transparent, regulated venues for rational and informed consumption.

Source: Sanya Market Supervision Administration