Professor Liao Fan Interviewed by CGTN on the Fake Milk Power Incident in Hunan Province

  

On May 14, 2020, Professor Liao Fan, a research fellow and the head of Department of Research Coordination and International Cooperation of CASS Institute of International Law, was interviewed by the China Global TV Network (CGTN) program “China 24” on a recent incident in which a shop in Chenzhou City of Hunan Province passed ordinary solid protein drink as special medical prescription production and sold it to parents of young babies, allegedly resulting in rickets in some infantsIn the interview, Professor Liao held that a pressing matter of the moment is to find out the following facts: first, whether the solid protein drink involved in the case itself has quality problem; second, whether the sales persons have committed the alleged acts of false statement and fraudulent sale; and third, whether there are any hospital or doctor involved in the incident. With respect to the liabilities of relevant parties involved, Professor Liao pointed out that if the investigation shows that the solid protein drink involved in the case has quality defects, then the producer and the seller of the product should assume compensatory liability jointly and severally, and may face administrative, even criminal, punishment. If the product itself does not have quality defects and only fraudulent sale is involved, then the seller of the product should pay a punitive compensation three time the price of the product sold. As for the question of whether the seller of the product should be held responsible for the rickets in the infants, it depends on whether a causal relationship can be established between the fraudulent sale and the disease (deficiency rickets), which is still hard to tell on the basis of the available information.