Shandong Pingdu: Plywood E0 grade has become E1 grade, suspected of commercial fraud.
2023-03-21 Source: The highest inspection website
The prosecutor introduced a case of consumer rights protection to the salesperson of a customized furniture store.
When customizing furniture for house decoration, choosing indoor decoration materials with lower formaldehyde emissions is usually the first consideration for consumers. In September 2020, Mr. Liu from Pingdu, Shandong, almost visited the building materials market he could visit in order to choose a safe and reliable interior decoration material. Once, as soon as Mr. Liu walked into a cabinet store, the salesperson enthusiastically recommended an E0 grade decorative material produced by a certain enterprise to him, ensuring that it was a “product that is one level higher than the national safety standards”. Mr. Liu immediately signed a customized furniture contract with great joy.
E0 level to E1 level, appeal to court without support
Unexpectedly, the initial ‘full of joy’ turned into ‘full of indignation’.
When the salesperson introduced me to the E0 grade plywood, he also presented an authoritative inspection report. Although I think the price is a bit high, I believe there is a reason for it to be expensive. Aren’t we just trying to rest assured? “Mr. Liu said, and in subsequent communication with the merchant, he repeatedly confirmed that the formaldehyde release amount of the board used must meet the E0 grade standard. Therefore, when he later learned that the plywood used in the cabinet store was E1 grade and not the E0 grade material in the inspection report agreed upon by both parties, he felt very angry and applied to the administrative supervision department to investigate the merchant’s fraudulent behavior.
On March 19, 2021, the administrative supervision department informed Mr. Liu that the original standard for plywood (GB/T9846-2004) had been abolished, and the E1 level in the current standard was stricter than the E0 level in the original standard for formaldehyde emission limits. Currently, evidence cannot prove that the merchant engaged in fraudulent behavior, so the case will not be filed. The explanation from the administrative and regulatory authorities did not convince Mr. Liu, and he later filed a lawsuit with the court requesting that the fraudulent behavior of a certain cabinet store be investigated and dealt with in accordance with the law.
After trial, the court held that: “The decoration materials used in a certain cabinet store have been tested to meet the E1 level requirements of the newly revised standards for formaldehyde emissions, and have not harmed Mr. Liu’s legitimate rights and interests. The cabinet store does not have the subjective intention of promising to use high standards but actually using low standards to lure Mr. Liu into signing contracts and obtaining illegal benefits, which is not fraud.” Mr. Liu appealed against the first instance judgment.
The court of second instance held that the E0 level of formaldehyde emission was derived from the original standard, which divided the formaldehyde emission level of indoor plywood into E0 (≤ 0.5 milligrams per liter), E1, and E2. However, this standard has now been abolished. The current standard for formaldehyde release limits is only E1 level (≤ 0.124 milligrams per cubic meter), and this E1 level is more stringent than the original E0 level standard for formaldehyde release limits. In addition, in combination with two inspection reports provided by a cabinet store, although the inspection report of an enterprise’s plywood produced by its operator during communication with Mr. Liu showed that the formaldehyde emission was 0.42 mg/l, reaching the original standard of E0, the cabinet store actually used particle board produced by another enterprise for Mr. Liu, and the inspection report showed that its formaldehyde emission was 0.074 mg/m3, reaching the current standard of E1, Qualified inspection and lower inspection quantity. On November 10, 2021, the second instance court rejected Mr. Liu’s appeal and upheld the original judgment.
After the application for retrial was rejected, Mr. Liu applied to the procuratorial organs for supervision. After the Pingdu City Procuratorate accepted the case, the investigating prosecutor conducted multiple visits and consulted with professionals. After thorough analysis, the final review opinion was put forward: on the one hand, the administrative supervision department’s conclusion that the E1 level formaldehyde emission limit value standard is stricter than the E0 level in the original standard is insufficient. The original plywood (GB/T9846-2004) standard uses the dryer detection method, which involves placing the sample in distilled water at a certain temperature for 24 hours, and then measuring the formaldehyde content in the water, in milligrams per liter. The standard for the “Limit of Formaldehyde Release in Indoor Decoration Materials, Artificial Panels and Their Products” (GB18580-2017) uses the climate box detection method, which involves placing the sample in a 1 cubic meter constant temperature and humidity container and measuring the formaldehyde content in the air at regular intervals, in milligrams per cubic meter. The detection principles, methods, and standard units of these two detection methods are different, and the basis for making the above conclusions is insufficient without the identification of relevant professional technical personnel or authoritative institutions.
On the other hand, the conclusion made by the administrative supervision department that “the current evidence cannot prove the existence of fraudulent behavior by the parties, so the case is not filed” is incorrect. The administrative supervision department has found out the fact that “a cabinet store operator promised to use E0 grade boards, but actually used E1 grade particle board”. As a professional cabinet seller, one should be aware of the industry standards for sheet metal. For the new standards implemented during sales, the formaldehyde emission limit is only E1 level, and there is no E0 level, which should be known. In the situation where there are only E1 grade boards in the national standard and market, the operator promises to use E0 grade boards that do not exist at this time for Mr. Liu. For ordinary consumers, there will inevitably be a misunderstanding that E0 grade boards are higher and safer than E1 grade standards, leading to a desire to purchase. The operator’s promise to use E0 grade boards is clearly a “misleading propaganda” and constitutes fraud, and should support Mr. Liu’s lawsuit request.
Recently, the Pingdu City Procuratorate has requested a higher level procuratorial organ to protest.
Customized furniture is increasingly favored by consumers, but the resulting consumer disputes [entering black cat complaints] are also increasing. Therefore, the prosecutor in charge of handling the case reminds consumers not to trust verbal promises and promotions when signing contracts, but to sign standardized contracts, with a focus on specifying the materials, quality, breach of contract responsibilities, and other matters of customized furniture; Before on-site installation, check the product grade, place of origin, certificate of conformity, testing report, formaldehyde emission limit standard and other indicators provided by the merchant on site to ensure that the purchased products are qualified and safe products of one’s own choice; When a dispute cannot be resolved through negotiation, one can directly call the 12315 consumer complaint hotline or report it to the relevant administrative and regulatory authorities. If necessary, they can submit it to an arbitration institution for arbitration or file a lawsuit with the court to safeguard their legitimate rights and interests in accordance with the law.
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