A sudden pneumonia epidemic disrupted our steps to welcome the New Year. During the Spring Festival of 2020, the most popular New Year's goods became masks, and the most cordial greeting became "Have you bought masks?". Due to the failure to provide timely warnings and the coincidence of the Spring Festival holiday, productivity has declined sharply. Since the outbreak of the epidemic, there has been a serious shortage of medical resources such as protective masks across the country, and it has become difficult to find a "mask". Even the medical staff who need masks most cannot obtain sufficient masks. Hospitals in various places have frequently issued appeals for help to the society, and it is even more difficult for ordinary citizens to buy masks. At the same time, some people began to have "crooked thoughts" about masks. Some people use the sale of masks to carry out fraud, causing people to spend high prices and end up with nothing. For relevant content about using masks for fraud, please pay attention to the previous push of this official account "Keep Your Eyes Open in the Face of the Epidemic, Be Careful of Being Deceived"; some people cut corners in the production of masks, making the masks that people have worked so hard to buy become "fake masks". This article will tell you how to identify "fake masks" and how to protect your rights when you buy "fake masks".

Recently, various departments have received countless calls reporting counterfeit and shoddy masks. As ordinary citizens, what should we do in the face of "fake masks"? First of all, we should carefully identify whether the masks we get are standard masks.

1. Official website query

We can visit the website of the National Medical Products Administration and enter the above registration certificate number in the medical device query section to query.

(1) Log in to the National Medical Products Administration: http://www.nmpa.gov.cn

(2) Click on medical device query, and select whether it is domestic equipment or imported equipment according to the place of origin you bought.

(3) Enter the registration certificate number, which is the section labeled with "X械注准+201XXXXXXXX".

Click in to mainly look at two places, one is the product name. If it shows medical surgical mask/medical protective mask, then you can use it with confidence. If it does not contain the words "medical surgical", such as writing "disposable non-woven medical mask", "disposable medical mask", "ordinary medical mask", etc. without surgical words, they do not belong to the official recommended medical surgical masks. Medical does not mean surgical medical. The second is to look at the production standards. The production standard for medical protective masks (KN95/N95) is GB19083—2010, and the standard number for medical surgical masks is: YY0469-2011, while other anti-haze standards are GB2626—2006. Generally, industrial-grade protective masks can also prevent droplets.

2. Qualification identification

In order to help identify whether your mask is produced by a qualified manufacturer, Baidu has launched the "Medical Mask Query" function. We can search for "Medical Mask Query" through a webpage or the Baidu app, and enter the mask information you bought to query whether it is a nationally registered medical mask.

3. Appearance identification

Many masks can also be identified from the appearance. For example, the main identification methods for 3M masks are as follows:

(1) Smell the smell. 3M masks have no peculiar smell. Only activated carbon masks have a faint smell of activated carbon, and the rubber bands have no smell.

(2) Check the logo. The 3M logo has significant differences. Authentic 3M masks have closely spaced fonts, while counterfeit ones appear scattered and can be peeled off by hand.

(3) Look at the printing. 3M masks are laser printed, and the printing marks are at a 45-degree angle, while fake products are printed with ink, which often has uneven ink marks, and the ink dots are round.

(4) Press the metal piece of the mask. The metal nose clip on the real 3M mask is very delicate. It is very convenient to use it to identify the authenticity. Look at the arc of its edge. The fake one is completely polygonal.

(5) Identify the LA mark and QS certification. Non-domestic masks, as long as they are regularly imported, must have LA certification. Domestic masks, whether for domestic use or for export, must have QS and LA certification.

At present, major news media and official accounts have published articles identifying various types of masks. After receiving the masks, you can check them yourself according to the type of mask. This article will not repeat them one by one.

4. Online store identification

Since you cannot see the real object when buying masks in online stores, online shopping has become the easiest way to buy "fake masks". Moreover, the number of problematic masks sold online is large and it is difficult to investigate. At present, Alibaba has taken relevant measures to address this situation and has publicized the relevant "problem stores". We can compare them when purchasing.

In addition, people spontaneously publish the "problem stores" they encounter online. We can compare them before buying masks in online stores to avoid stepping on thunder.

After identification, if you find that the mask you bought is indeed a problematic mask, the next step is to protect your legitimate rights and interests. Perhaps many people admit that they are unlucky after buying "fake masks"; some people think that fake masks are better than nothing in the current situation of mask shortage, so they no longer pursue it. However, such behavior not only encourages the arrogance of counterfeiters and sellers of fake products, but may also lead others to follow suit, making law-abiding manufacturers feel chilled. Moreover, inferior masks basically do not meet the corresponding production standards, and the production process is not equipped with disinfection and sterile production lines. Not only is the process rough and the filter material is inferior, but the filtration performance is not up to standard. If consumers wear this inferior mask, it will not only fail to provide the due protection, but may also cause damage to their health. Therefore, bravely defending your rights is not only for yourself, but also to purify the market environment and make your voice heard in this battle against the epidemic.

1. Negotiate with the merchant to request a return or exchange

According to Article 54 of the "Consumer Rights Protection Law", if a commodity is identified as unqualified by the relevant administrative department according to law, the operator shall be responsible for the return of the commodity if the consumer requests a return.

Therefore, the easiest way for consumers to find that the mask does not meet the quality standards is to ask the merchant to return or exchange the product.

2. Ask the merchant to compensate three times the price of the mask, and the compensation amount shall be five hundred yuan if it is less than five hundred yuan

According to Article 55 of the "Consumer Rights Protection Law of the People's Republic of China", if an operator provides goods or services with fraudulent behavior, it shall increase the compensation for the losses suffered by the consumer at the request of the consumer. The amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of the services received; if the amount of the increased compensation is less than five hundred yuan, it shall be five hundred yuan. If there are other provisions in laws, those provisions shall be followed.

Therefore, if a consumer discovers that the masks purchased are seriously inconsistent with the merchant's description and there is fraudulent behavior, they can demand the merchant compensate three times the price of the masks, or 500 yuan if the compensation is less than 500 yuan.

Special reminder: when purchasing masks, be sure to ask the salesperson for a shopping receipt and keep it safe. If the receipt is indeed lost, you can also try to provide bank card, membership card and other consumption records to prove it.

3. Call 12315, the Market Supervision and Administration Department, or other phone numbers to file a complaint.

We can file a complaint by calling the 12315 hotline. After receiving the complaint, the staff of the 12315 Command Center will immediately transfer the situation to the local market supervision department. Market supervision law enforcement officers will contact consumers by phone. At this time, consumers can inform the staff of the time, place, and proof of purchase of the masks, and wait for the staff to handle it.

4. 12315 Mini Program Complaint

We can also enter the 12315 mini program through WeChat to file a complaint. The specific method is to search for the 12315 mini program in WeChat, click 'I want to complain', select the location, and then fill in the name and address of the complaint object, and register according to the process for real-name authentication. Finally, you can upload payment vouchers, mask photos and other relevant evidence, and wait for the staff to handle it.

5. Online shopping platform complaint

At present, the main platforms for online shopping of masks are Taobao and Tmall. I will mainly introduce the complaint methods on the above two platforms.

(1) Taobao platform complaint

After purchasing fake masks on Taobao, you can first negotiate with the merchant through Ali Wangwang. If the negotiation fails, keep the negotiation record. Then enter the product purchase page, click the upper right corner of the page, select 'I want to give feedback', then select 'I want to report', briefly describe the reason for identifying it as a fake, and then upload the purchase voucher, fake evidence, and chat records of unsuccessful negotiation with the merchant. Taobao customer service will generally reply within 6 days.

(2) Tmall complaint

Complaints on Tmall are similar to those on Taobao, and you can also enter feedback through the upper right corner of the product page. However, complaints about products and merchants need to be made by calling the Tmall customer service phone.

6. Report to the police

At present, public security organs are strictly rectifying all kinds of illegal and criminal acts related to the epidemic. The act of manufacturing and selling fake and inferior masks and other medical protective equipment is one of the key targets. Consumers can provide clues about the manufacture and sale of fakes to the public security organs, which will conduct further tracking, in-depth investigation, and destroy fake dens to fundamentally eliminate the source of fake production.

1. Civil liability   

According to Article 63 of the Trademark Law of the People's Republic of China, the amount of compensation for infringing on the exclusive right to use a trademark shall be determined according to the actual losses suffered by the right holder due to the infringement; if it is difficult to determine the actual losses, it may be determined according to the benefits obtained by the infringer due to the infringement; if it is difficult to determine the losses of the right holder or the benefits obtained by the infringer, it shall be reasonably determined with reference to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined at more than one time but less than five times the amount determined according to the above method. The amount of compensation shall include the reasonable expenses paid by the right holder to stop the infringing act.

2. Administrative responsibility

According to the Consumer Rights Protection Law of the People's Republic of China, the Product Quality Law of the People's Republic of China and other relevant laws, for those who manufacture and sell fake products, the market supervision and management department or other relevant administrative departments shall order them to make corrections, and may give warnings, confiscate illegal income, and impose fines separately or concurrently depending on the circumstances; if there is no illegal income; if the circumstances are serious, they shall be ordered to suspend business for rectification and revoke their business licenses.

3. Criminal responsibility

Producing and selling 'problem masks' may also violate criminal law. This behavior may violate the following crimes:

(1) Crime of producing and selling fake or inferior products

Article 140 of the Criminal Law stipulates that if producers or sellers adulterate products, mix fake products with genuine products, pass off fake products as genuine products, pass off inferior products as good products, or pass off unqualified products as qualified products, and the amount of sales is more than 50,000 yuan but less than 200,000 yuan, they shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined or only fined not less than 50% but not more than two times the amount of sales; if the amount of sales is more than 200,000 yuan but less than 500,000 yuan, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the amount of sales; if the amount of sales is more than 500,000 yuan but less than 2 million yuan, they shall be sentenced to fixed-term imprisonment of not less than seven years, and shall also be fined not less than 50% but not more than two times the amount of sales; if the amount of sales is more than 2 million yuan, they shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than 50% but not more than two times the amount of sales or have their property confiscated.

Lawyer's interpretation: According to the above provisions, those who produce and sell fake or inferior masks, if the amount of sales is more than 50,000 yuan, constitute this crime. In addition to being sentenced to imprisonment, they will also be fined or only fined not less than 50% but not more than two times the amount of sales. The maximum sentence for this crime is life imprisonment.

(2) Crime of producing and selling substandard medical equipment

Article 145 of the Criminal Law stipulates that if medical devices or medical sanitary materials that do not meet the national or industrial standards for ensuring human health are produced, or medical devices or medical sanitary materials that are known to be substandard and do not meet the national or industrial standards for ensuring human health are sold, and are sufficient to seriously endanger human health, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 50% but not more than two times the amount of sales; if they cause serious harm to human health, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50% but not more than two times the amount of sales; if the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50% but not more than two times the amount of sales or have their property confiscated.

Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Prevention and Control of Outbreaks of Infectious Diseases and Other Disasters stipulates that During the period of preventing and controlling outbreaks of infectious diseases and other disasters, if medical devices or medical sanitary materials used to prevent and control infectious diseases that do not meet the national or industrial standards for ensuring human health are produced, or medical devices or medical sanitary materials that are known to be used to prevent and control infectious diseases that do not meet the national or industrial standards for ensuring human health are sold and do not have protective or treatment functions and are sufficient to seriously endanger human health, they shall be convicted and punished in accordance with Article 145 of the Criminal Law as the crime of producing and selling substandard medical equipment and shall be severely punished in accordance with the law.

Medical institutions or individuals who know or should know that the medical devices or medical sanitary materials specified in the preceding paragraph do not meet the national or industrial standards for ensuring human health and purchase and use them for compensation shall be convicted and punished as the crime of selling substandard medical equipment and shall be severely punished in accordance with the law.

Lawyer's interpretation: Since masks are medical devices, selling masks that 'do not have protective or therapeutic functions and are sufficient to seriously endanger human health' may constitute the crime of producing and selling substandard medical equipment. The object of this crime is medical and health materials and medical devices. This crime is established to protect the state's quality supervision and management order for medical equipment and to protect the health and life rights of the majority or unspecified individuals. The biggest difference between this crime and the crime of producing and selling counterfeit and shoddy products is that the crime of producing and selling counterfeit and shoddy products requires 'a sales amount of more than 50,000 yuan' to constitute a crime. However, the crime of producing and selling substandard medical equipment only needs to meet the standard of 'not having protective or therapeutic functions and being sufficient to seriously endanger human health.' There is no requirement for the sales amount. It can even be said that even producing and selling just one mask may constitute a crime.

(3) Crime of counterfeiting registered trademarks, crime of selling goods bearing counterfeit trademarks

Article 213 of the 'Criminal Law' stipulates that whoever uses a trademark that is identical to a registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be sentenced to a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be sentenced to a fine.

Article 69 of the 'Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)' stipulates that whoever uses a trademark that is identical to a registered trademark on the same kind of goods without the permission of the owner of the registered trademark and is suspected of any of the following circumstances shall be filed for investigation:

(1) If the amount of illegal business is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan;

(2) Counterfeiting more than two registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income amount of more than 20,000 yuan;

(3) Other serious circumstances.

Article 214 of the 'Criminal Law' stipulates that whoever sells goods knowing that they are counterfeit registered trademarks, if the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be sentenced to a fine; if the amount of sales is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be sentenced to a fine.

Article 70 of the 'Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)' stipulates that whoever sells goods knowing that they are counterfeit registered trademarks and is suspected of any of the following circumstances shall be filed for investigation:

(1) The sales amount is more than 50,000 yuan;

(2) Not yet sold, the value of the goods is more than 150,000 yuan;

(3) The sales amount is less than 50,000 yuan, but the total amount of the sold amount and the unsold value of the goods is more than 150,000 yuan.

Lawyer Interpretation : While constituting the crime of producing and selling counterfeit and shoddy products and the crime of producing and selling substandard medical equipment, it is very likely to also constitute the crime of counterfeiting registered trademarks and the crime of selling goods bearing counterfeit trademarks. Because manufacturers who produce and sell inferior products often counterfeit the registered trademarks of others on the products they produce in order to charge the same price as regular manufacturers; or sellers who know that the goods are counterfeit trademarks but continue to sell them in order to obtain profits will constitute two crimes at the same time. This type of situation where one act violates two crimes belongs to the crime of imagination and competition, and in principle, the heavier crime will be chosen for punishment.

Counterfeiting registered trademarks, an illegal business amount of more than 50,000 yuan or an illegal income amount of more than 30,000 yuan, or counterfeiting more than two registered trademarks; an illegal business amount of more than 30,000 yuan or an illegal income amount of more than 20,000 yuan may constitute a crime.

Selling goods bearing counterfeit registered trademarks, a sales amount of more than 50,000 yuan; not yet sold, the value of the goods is more than 150,000 yuan; a sales amount of less than 50,000 yuan, but the total amount of the sold amount and the unsold value of the goods is more than 150,000 yuan may constitute a crime.

It should be noted that even if the masks produced and sold have undergone qualified production processes and the products produced are not counterfeit and shoddy products, counterfeiting other people's registered trademarks and brands may still constitute the crime of counterfeiting registered trademarks and the crime of selling goods bearing counterfeit trademarks.

Disease control experts pointed out that the most effective protective measures currently known to deal with the novel coronavirus are 'going out less, wearing masks, and washing hands frequently.' Therefore, masks have become the people's line of defense for life. The production and manufacture of counterfeit and shoddy masks may cause serious harm to life and health and bring great risks and challenges to epidemic prevention and control. Market supervision departments and judicial organs are severely cracking down on related illegal and criminal activities. Those who commit crimes against the wind under the epidemic and produce and sell masks bearing counterfeit registered trademarks will inevitably face severe legal sanctions.

Behind the small mask lies the line of defense for your life and mine, and the people's trust in society. Everyone's adherence to the law and conscience is a huge contribution to the fight against the epidemic.