Source: Rule of Law Daily

"The shape of this ice cream is a wine bottle. I was startled when the child bought it, thinking that the child was drinking." At the beginning of September, Ms. Zhang, Ms. Zhang, Zaozhuang, Shandong, went home to see the fourth grade children in elementary school.With a bottle -shaped thing, I knew it was ice cream.

Ms. Zhang said that this summer, the children bought various ice cream from the small sales department near their home and near the school, including some alcohol ice cream, and some shapes and outer packaging are exactly the same as the wine bottle, which makes her very worried. "Afraid of affecting your child's physical and mental health. "

From alcohol ice cream to wine bottle ice cream, this summer, ice cream "wine" is popular.

A number of experts recently said in an interview with the Rule of Law Daily that wine companies launched new products such as alcohol ice cream and wine bottles ice cream to seize the young people's market. This may be understandable, but do not "hurt" minors.It is recommended that the market regulatory authorities strengthen supervision and introduce corresponding standards. Procuratorate can also file a public interest lawsuit to promote the standardized market and safeguard the legitimate rights and interests of minors.

Ice cream "wine" is popular

Many minors eat

The reporter's previous investigation found that the sales of Moutai ice cream, Mallinllam wine popsicle, Shaoxing rice wine popsicle and other sales were very considerable. Some products have reached more than 50,000 after -sales evaluation.Offline, all kinds of alcohol ice cream are selling hotly, and many small sellers are sold. Some of them are also located near primary and secondary schools.

Most of these alcohol ice cream are not marked with alcohol content. When consulting customer service, some are called "trace" and "small amount"; whether it is packaged on ice cream or when merchants sellAdults should not eat "risk prompts.Regarding the question of whether minors and even elementary school students can eat such ice cream, most of the answers given by merchants are "rest assured" or "small amounts can be eaten."

In this survey, the reporter found that the ice cream sold by many merchants not only has the inner "wine", but also the appearance of "wine".According to incomplete statistics, there are nearly 10 bottle ice cream on the market.

For example, a picture of a German -style dark beer is printed on the outer packaging of ice cream. After tearing the outer packaging, it exposes the shape of an ice cream in the shape of a beer bottle.The reporter tasted that the "beer cover" was made of chocolate crispy. It can be "opened" like a bottle cap. The ice cream has the taste of wine.On the Internet, some netizens commented on this wine bottle ice cream: "The feel of opening the bottle cap is close to real, and it feels like drinking."

There is also an ice cream launched by the liquor brand. The selling point is "0%alcohol but has a strong flavor of wine", and its appearance design is almost consistent with the wine bottle.Some netizens said: "Eating ice cream is the same as drinking, but the taste of wine is a bit light, and the wine addiction is hooked up."

While the shape of ice cream looks like a wine bottle, some propaganda words are also very eye -catching, and some combine the words of drinking. For example, "I do, you 'you have changed'", "Why adult ice cream can 'change with'Eat? —— Because no one cares "," Being an adult is so good, whoever needs to be a baby "and so on.

The reporter found in the interview that the edibles of alcohol ice cream and wine bottles ice cream include a large number of minors and even elementary students.

"It's nice to be an adult, no one cares, and eat whatever you want." Said Xiao Wang, a fifth grade in Beijing, said that he and many students around him have bought wine fine ice cream and wine bottle ice cream."Open the bottle of ice cream, unscrew the lid, and feel like an adult."

On the Internet, some bloggers sent photos of their children's taste of wine bottle ice cream: seven or eight -year -old girls, holding wine bottle -like ice cream, bite the "wine bottle cap" like adults.In the message, some people called fun, and some asked questions.

"Alcohol ice cream and wine bottles ice cream are seduce on children's drinking spirit." Xiao Wang's mother believes that children are curious and have no ability to distinguish.It may drive children's longing for alcohol, "I hope that relevant departments can regulate this behavior of merchants."

This is also the common voice of many interviewed parents.

Reduce vigilance induction drinking

Harm healthy minor health

Parents' concerns are the first to eat alcohol -containing ice cream. Even if they eat a small amount, will it affect their children's health?

In this regard, Lu Lin, a deputy to the National People's Congress and the director of the Medical Department of Neurology, Shandong Provincial Hospital, gave a positive answer: "Alcohol is a mental active substance, ingesting alcohol food and drinksMinors' health. Minors are in the stage of development, and their organs are more likely to be stimulated by alcohol, leading to a variety of diseases, such as stimulating digestive tract, affecting bone growth, and may even harm the nervous system and affect brain development. "

In fact, according to the national standard drinks and categories implemented on June 1, 2022, alcoholic drinks with alcoholic more than 0.5%VOL belong to drink wine.Drinks should be made and sold in accordance with alcohol laws and regulations. Minors cannot eat, and merchants should also apply for prohibitions to sell to minors.

Many legal experts pointed out that merchants have not marked alcohol content to alcoholic ice cream and infringed their right to know.According to the provisions of the Consumer Rights Protection Law, consumers enjoy the right to know the real situation of the goods purchased. The number of alcoholic content as the core element of alcoholic beverages should be known by consumers.

Even ice cream without alcoholic, such as wine -flavored ice cream or wine bottle ice cream, the parents interviewed are worried that they will cause bad guidance to their children.

According to Yao Jinju, a professor at the School of Law of the University of Foreign Languages and Director of the Research Center of the Chinese and Foreign Education Law, whether the ice cream really contains alcohol, the ice cream of the bottle -shaped shape has the characteristics of wine in the shape, and some products are equipped with the hint of drinking alcohol.Sexual propaganda will have bad induction of premature contact with minors.

"Enterprises use wine bottles ice cream as a commercial innovation, but it is imperative, but in sales and propaganda, the minor group should not be used as the audience to avoid infringing the legitimate interests of minors." Yao Jinju said that industry specifications should be strengthened.It makes corresponding provisions on its signs, packaging and other aspects, and strengthens the review in subsequent sales and publicity links.

Yang Shangdong, an associate professor of the School of Administrative Law, Southwest University of Political Science and Law, said that Article 59 of the Protection Law of the Protection of the Minors stipulates that operators should set up a sign of not selling cigarettes, alcohol or lottery to minors.If the alcohol content is more than 0.5%VOL, it is a alcoholic drink or food. It should be produced and sold in accordance with alcohol laws and regulations. The operator should print the "Eighteen Ban" prompts in a prominent position.Essence

"Even if it does not contain alcohol, designing ice cream into a bottle -shaped shape may cause minors to have interest in alcohol, on the other hand, it may reduce the vigilance of minors and try to drink alcohol.Suspected of violating the advertising law 'advertisement must not damage the physical and mental health of minors'. "Yang Shangdong said.

In the view of Li Fei, a partner of Beijing Jingshi Law Firm, ice cream is a favorite food that the majority of minors.Contact, it is easy to induce minors to try drinking, which is not conducive to the healthy growth of minors, and also violates the principles of the most conducive to minors in the Protection Law of the Protection of the Minor.Introducing cigarette -shaped ice cream "?

Clarify standards to strengthen supervision

You can raise public interest lawsuits

How to avoid minors from eating alcohol ice cream and bottle ice cream?Several parents interviewed pointed out that in addition to "staring", it is also necessary to strengthen supervision of production and sales, and to prevent and reduce the contact of such products at the source.

Yang Shangdong believes that for manufacturers who produce ice cream, market supervision departments should regularly carry out educational training for food safety and legal knowledge to guide enterprises to operate compliance.For multi -level dealers, market supervision departments shall focus on regulatory wholesalers, try to minimize the inflow of goods that do not meet the law of law, and take strong rectification measures for illegal and illegal goods.

"In order to avoid the adverse effects of wine fine ice cream and wine bottle ice cream on minors, it is recommended that the market supervision department introduce relevant specifications for production signs or packaging as soon as possible to promote strict law enforcement and promote and train producers.Promote and remind minors' guardians, schools, etc. "Yao Jinju said.

She believes that in order to urge producers and sellers to implement the obligations to protect minors, first of all, mandatory regulations should be issued and provided with clear regulatory measures.Essence"Under the circumstances of the law, in the case of the legal principles that are most conducive to minors, the market regulatory authorities can guide the improvement of wine fine ice cream and wine bottles ice cream production enterprises through administrative guidance, reminding, reminders, and suggestions.The attention of the protection of adult groups. "

For the dealers such as the Ministry of Sale, Yao Jinju said that the regulatory obligations should be more focused on random inspections of the sales of the active areas of the minor, such as whether there are sales or promotion of wine fine ice cream and wine bottle ice cream near the kindergarten.A report hotline can be posted near the school, encouraging the masses to report the behavior of selling alcohol products to minors, and the market supervision department has timely investigated and punished.

Yang Shangdong also believes that for sellers near the school, the regulatory authorities should take additional strengthening measures to regularly supervise the random inspections. If there is a situation that is not conducive to the protection of minors, the merchants shall be orderedOr make necessary technical treatment.

Che Jie, vice chairman of the Jiangsu Provincial Law Association, believes that there is a "old" problem behind the new thing involving "wine" ice cream that violates the Protection of the Minor."The market regulatory authorities should clearly check the production permits in response to this new phenomenon formulation, refinement, and unified standards. In addition, this phenomenon has been suspected of infringing the legitimate rights and interests of minors.Qualification, you can file a civil public interest lawsuit. "

"The purpose of an enterprise is to cultivate brand loyalty and let young people establish brand awareness, but if the wine fine ice cream and wine bottle ice cream flow into the minor group, it will cause huge harm to the physical and mental health of minors." Lu Lin saidHe also suggested that procuratorial organs use public interest litigation to regulate such business behaviors, promote industry standards and strict law enforcement, and build a defense line of minors.