Unsafe food may support additional compensation of ten times its price, with a RMB 1,000 minimum
For expired or spoiled food, the item, packaging and receipt are evidence. Applicable Chinese law allows ten times the price or three times the loss, with minimum additional compensation of RMB 1,000. You can approach the seller or producer; the party receiving a qualifying claim must compensate first instead of passing you elsewhere.
What it takes
No fee to request compensation. Keep the food, packaging and receipt, unwashed and undiscarded, and photograph them immediately. Try the seller/platform, then China's 12315 line; litigation can take months. Preserving the evidence before throwing it away is crucial.
What you may gain
A consumer harmed by food failing safety standards may claim losses from either seller or producer. The first-responsibility rule requires the party approached to compensate first rather than evade responsibility. Additional compensation may be ten times the price or three times the loss, with a minimum RMB 1,000. Labeling or instruction defects that neither affect food safety nor mislead consumers are excepted. The judicial interpretation specifies: purchases for personal or family consumption, noncompliant food, and no evidence of prior knowledge support ten-times-price compensation based on actual payment. Knowing purchases support claims only within reasonable living-consumption needs; repeated purchases and lawsuits are considered together within that limit. Nonmisleading technical defects do not support punitive compensation, including irregular font size, typos or extra/missing words, irregular presentation of net quantity or specifications, and omission of storage conditions where no special conditions are required.
Context & considerations
Photograph or film packaging, production dates, foreign objects and purchase records before contacting the seller; do not wash or discard evidence. 12315 mediates rather than adjudicates, and a persistent denial may require small-claims litigation. A hair or insect does not automatically guarantee RMB 1,000: regulators or expert assessment may need to establish a food-safety violation. For ordinary-goods fraud, see three-times-price compensation with a RMB 500 minimum. Food sellers have separate licensing, labeling, treatment-claim and criminal-law obligations. Fabricating a violation and threatening complaints or litigation for compensation may constitute extortion, requiring the court to refer evidence to police. A lawsuit based on manufactured facts will be rejected; false litigation can bring fines or detention, and the business may sue for reputational harm. This advice is for protecting your own and your family's consumption rights.
Research & references
NPC Standing Committee of China (third amendment, 2025). Food Safety Law, Article 148, effective December 1, 2025, National Laws and Regulations Database. https://flk.npc.gov.cn/detail?id=7b5a76d0461745a08d3f964916b87ef3 ; Supreme People's Court of China (2024). Interpretation on Applying Law in Food and Drug Punitive-Compensation Disputes, Fashi [2024] No. 9, Articles 1, 6, 7, 8, 12, 13, 14, 15 and 16, effective August 22, 2024, Supreme People's Court Gazette. http://gongbao.court.gov.cn/Details/bf531a70471f10d377788f28d3d8f8.html