If you buy unsafe food, you can demand ten times the purchase price as compensation; if the amount is under 1,000 yuan, you’re still entitled to 1,000 yuan.

31. If you buy unsafe food, you can demand ten times the purchase price as compensation; if the amount is under 1,000 yuan, you’re still entitled to 1,000 yuan.

Cost: There’s no cost involved. Keep the food, its packaging, and the receipt — don’t throw them away or wash them, and take photos right away. First try to negotiate with the seller or platform; if that fails, call 12315. Filing a lawsuit can take several months. The hard part is resisting the urge to discard the items first.

In plain terms: If you buy expired or spoiled food, the food itself, its packaging, and the receipt serve as evidence — so don’t toss them out. You’re entitled to compensation equal to ten times the purchase price or three times your actual loss; if that amount is less than 1,000 yuan, you still get 1,000 yuan. You may choose either the seller or the manufacturer to compensate you; the party you approach must pay first and cannot shift the responsibility to the other side.

Benefit: If you suffer harm due to food that fails to meet safety standards, you may seek compensation from either the seller or the producer. The party receiving your compensation request must assume primary responsibility and pay out immediately, without shifting liability. In addition to basic compensation, you can demand ten times the purchase price or three times your loss as punitive damages, with any amount below 1,000 yuan rounded up to 1,000 yuan. One exception applies: this does not cover cases where labeling or instructions contain minor flaws that do not affect safety or mislead consumers. Judicial interpretations set three key conditions: the purchase must be for personal or household use; the food must violate safety standards; and there must be no proof the buyer knew of those violations at the time of purchase. Only then can ten times the purchase price be claimed as punitive damages. Conversely, if a buyer knowingly purchases substandard food and then seeks compensation, courts will only support claims within reasonable household consumption limits. Repeated purchases or multiple lawsuits are evaluated as a single total amount. Certain labeling issues — such as irregular font sizes, typos, or non‑standard net‑weight indications — generally do not qualify for punitive damages provided they do not mislead consumers about safety.

Evidence grade: A

Sources: National People's Congress Standing Committee (third amendment in 2025). Food Safety Law (Article 148). <https://flk.npc.gov.cn/detail?id=7b5a76d0461745a08d3f964916b87ef3> (National Laws and Regulations Database, effective from December 1, 2025); Supreme People's Court of China (2024). Interpretation of Several Issues Concerning the Application of Law in the Trial of Food and Drug Punitive Damage Dispute Cases (Fa Interpretation [2024] No. 9, Articles 1, 6, 7, 8, 12, 13, 14, 15, and 16, effective from August 22, 2024). <http://gongbao.court.gov.cn/Details/bf531a70471f10d377788f28d3d8f8.html> (Supreme People's Court of China Communique)

Notes: The order of evidence matters more than the amount of compensation. Take photos and videos showing the packaging, production date, any foreign objects, and the purchase record before contacting the seller or platform; do not discard or wash the items beforehand. 12315 provides mediation, not binding rulings. If the seller refuses to cooperate, litigation becomes the only option — see Section 8, Article 22 for rules on small‑claims litigation involving online or second‑hand purchases. Whether foreign objects like hair or insects qualify as violations of food safety standards must be determined by regulatory authorities or through testing; simply finding hair in food does not automatically guarantee 1,000 yuan in compensation. For ordinary consumer fraud, triple compensation applies, with amounts under 500 yuan rounded up to 500 yuan — see Section 8, Article 29. Those producing and selling food must comply with licensing, labeling, and legal restrictions on health claims; details appear in Section 12, Articles 8–11. Finally, abusing compensation claims is prohibited: fabricating evidence of illegal production to extort payments constitutes extortion and may lead to criminal referral; similarly, filing lawsuits based on false premises may result in fines, detention, or counterclaims for defamation. This section applies specifically to individuals seeking protection for themselves and their families.