Original title: Who do consumers claim compensation for moldy food purchased online?

In February 2018, a local food and drug regulatory department received a complaint report stating that it had purchased a 34000 yuan "XXX" food gift package from an online store called "XXX Flagship Store" as year-end benefits for employees. Some employees experienced symptoms such as diarrhea and dizziness after consuming it, and it was found that multiple varieties of food in the gift package had mold.

The local food and drug regulatory authorities have lawfully sent the complained products for inspection, and the inspection results show that they do not meet food safety standards. Therefore, an investigation has been conducted on the online platform and Guangzhou Xixi Food Co., Ltd., the owner of the "certain" brand.

After further investigation and verification by law enforcement personnel, it was confirmed that the batch of products was not produced by Guangzhou Food Co., Ltd., but by Du, the operator of a non staple food business in Foshan, who sold them online through his own flagship store. Finally, the regulatory authorities determined that Du did not obtain a food production license and produced and sold food that did not meet food safety standards, and imposed administrative penalties on Du.

The investigation and punishment have come to an end, but due to the involvement of third-party online platforms, Du, and other multiple parties, consumers have doubts about how to protect their legitimate rights and interests and who to seek compensation from.

In fact, the Food Safety Law has clear provisions on how to protect rights. Article 131 (2) stipulates that "if a consumer purchases food through a third-party platform for online food transactions and their legitimate rights and interests are damaged, they can demand compensation from the online food operator or food producer.". If a third-party platform provider for online food trading is unable to provide the real name, address, and valid contact information of the food operator who enters the network, the third-party platform provider for online food trading shall compensate. After the third-party platform provider of online food trading compensates, they have the right to recover from the online food operator or food producer. If third-party platform providers for online food trading make commitments that are more favorable to consumers, they should fulfill their commitments

In this case, consumers can first claim compensation from Du. If the third-party platform cannot provide the real name, address, and effective contact information of the "Xixi Flagship Store", the third-party platform will compensate. After third-party platforms compensate, they have the right to pursue compensation from Mr. Du.

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