2 0 2 6年第一个月尚未结束，市场监管领域已迎来新的制度调整。 近 日 ， 国 家 市 场 监 督 管 理 总 局 发 布 修 订 后 的 《 市 场 监 督 管 理 投 诉 举 报 处 理 办 法 》 （ 下 称 《 办 法》），自2 0 2 6年4月1 5日起施行。根据官方说明，此次修订旨在适应新的监管环境，提升投 诉举报处理质量与效率，更好平衡消费者权益保护与经营者合法权益保障。 在竞争高度集中的美妆市场中，外部监督始终是行业运行的一部分。 与此同时，如何区分正 当监督与不当利用制度的行为，也成为近年来监管与行业共同关注的议题。 《FBe a u t y未来 迹》基于公开资料与多位行业人士访谈，对新规可能带来的影响进行梳理和分析。 在 制 度 设 计 的 初 衷 中 ， 投 诉 举 报 与 职 业 打 假 ， 本 应 是 发 现 问 题 、 弥 补 监 管 盲 区 的 重 要 补 充 机 制。尤其在监管力量有限、市场主体数量庞大的现实条件下，这一机制曾在打击假冒伪劣、揭 露安全隐患、推动企业整改等方面发挥过积极作用。 据公开信息显示，新《办法》在原有基础上新增6个条款、修改2 2个条款，对投诉举报的 ...

Core Viewpoint - The article emphasizes the need to combat fraudulent rights protection practices that have emerged in the market, which exploit consumer concerns about counterfeit goods for profit [1][2]. Group 1: Industry Issues - Some professional counterfeit fighters have turned rights protection into a profit-making tool, focusing on financial gain rather than genuine product issues [1]. - This distortion of rights protection has led to harassment of businesses, consuming resources meant for legitimate consumer rights, and disrupting market order [1]. Group 2: Regulatory Developments - The recently revised "Market Supervision Administration Complaint and Reporting Handling Measures" aims to prevent the abuse of complaint rights for unjust gains, effective from April 15 of this year [2]. - The new regulations require complainants to provide real identity information and factual evidence, which is expected to positively impact the fight against fraudulent rights protection [2]. Group 3: Collaborative Efforts - The article calls for a collaborative approach involving strict legal enforcement and platform responsibility to curb the spread of fraudulent practices [2]. - It highlights the importance of a multi-faceted strategy to ensure that genuine rights protection is accessible while eliminating fraudulent activities [2].

Core Viewpoint - The rise of professional counterfeiters has created a controversial industry where individuals exploit consumer fears of counterfeit goods for profit, leading to significant legal and reputational challenges for businesses [1][2][7]. Group 1: Industry Dynamics - Professional counterfeiters have found a business opportunity by leveraging consumer disdain for counterfeit products and the strict legal repercussions against them, creating a complete industry chain from litigation to online sales [1][2]. - In 2023, there were 73,000 claims initiated by 24,000 "professional claimants," with 220,000 malicious complaints related to food products, indicating a significant burden on businesses and judicial resources [7]. - The industry has evolved into a highly organized "shakedown business," where the motivations of counterfeiters are driven more by profit than genuine consumer protection [7][8]. Group 2: Legal Cases and Outcomes - The case of Rainbow Planet, which faced a two-year-long lawsuit from a professional counterfeiter, highlights the challenges businesses face in defending their reputations against unsubstantiated claims [2][3]. - The court ruled that the counterfeiter, Wang Hai, did not have sufficient evidence to support his claims against Rainbow Planet, emphasizing the need for credible proof in such disputes [3][5]. - Despite winning the legal battle, Rainbow Planet's market reputation suffered significantly, demonstrating that legal victories do not always translate to business recovery [4][5]. Group 3: Regulatory Responses - Recent updates to regulations on platforms like Douyin aim to address the proliferation of misleading information and the commercialization of counterfeit claims, categorizing certain accounts as "controversial" if they engage in malicious practices [1][13]. - Legal experts suggest that platforms should implement systems to identify malicious reports and collaborate with regulatory bodies to limit high-frequency, low-success claims [13]. - The evolving legal landscape is increasingly less tolerant of malicious claims, particularly in food safety cases, where courts are beginning to reject claims lacking substantial evidence [13].

Core Viewpoint - The recent revision of the "Interim Measures for Handling Complaints and Reports by Market Supervision" aims to clarify the handling of complaints and reports, particularly addressing the issue of "professional claimants" and malicious complaints in the market [1][2][3] Group 1: Regulatory Changes - The new regulations explicitly state that "complaints and reports must not be used to seek improper benefits," enhancing the framework for handling complaints [1] - The revised rules include a comprehensive judgment system for complaints, referencing five specific scenarios to determine whether to accept a complaint, which improves operational clarity [2][3] Group 2: Professional Claimants - In 2023, the China Chain Store and Franchise Association recorded 73,000 claims initiated by 24,000 "professional claimants," with 220,000 malicious complaints related to food [1] - The phenomenon of "professional claimants" has raised concerns about market integrity, with instances of extortion and minor compliance issues being exploited for claims [1][2] Group 3: Market Environment - The revision of the regulations is seen as a necessary step to prevent the abuse of administrative and judicial resources, which has negatively impacted the business environment [1][3] - The new rules aim to restore the original intent of consumer rights protection, ensuring that legitimate claims are distinguished from those made by professional claimants [3]

Core Viewpoint - The proposed regulations aim to curb "fishing-style" complaints and ensure that consumer complaints are legitimate and do not disrupt market order, while also addressing malicious complaints more rigorously [1][2][3] Group 1: Regulatory Changes - The new draft regulations from the State Administration for Market Regulation include a provision that prohibits using complaints for improper benefits, meaning complaints not related to personal consumption or those made by individuals who knowingly purchase counterfeit goods will not be accepted [1][2] - The regulations will also impose penalties on individuals who engage in fraudulent activities such as evidence tampering or altering production dates, with such cases being referred to law enforcement [2] Group 2: Impact on Professional "Fake Busters" - The existence of professional counterfeiters like Wang Hai has been a contentious issue, with some viewing them as consumer protectors while others criticize them for targeting small businesses and creating a burdensome environment for market regulators [1][2] - The decline of professional counterfeiters is seen as an opportunity to establish a more formal and effective consumer protection mechanism, which includes efficient complaint channels and robust public interest litigation systems [3] Group 3: Consumer Concerns - The public's interest in the actions of professional counterfeiters stems from their desire for effective consumer protection, highlighting the need for a reliable complaint system that alleviates the burden on consumers [3] - The historical context of professional counterfeiters gaining prominence during periods of increased online shopping and food safety issues indicates a gap in regulatory oversight that needs to be addressed [2][3]

Core Viewpoint - The new regulations proposed by the State Administration for Market Regulation aim to curb the practice of professional counterfeiters, emphasizing the need for a legitimate consumer protection mechanism that discourages fraudulent activities by merchants and simplifies the process of consumer rights protection [1][2][3] Group 1: Regulatory Changes - The draft regulation includes a provision that prohibits using complaints and reports for improper benefits, meaning that complaints from individuals who knowingly purchase counterfeit goods or those with excessive complaints against a single merchant will no longer be accepted [1][2] - The new rules are designed to combat "fishing-style" counterfeit reporting, ensuring that complaints are legitimate and do not disrupt market order, while also increasing penalties for malicious complaints [2][3] Group 2: Impact on Professional Counterfeiters - The existence of professional counterfeiters like Wang Hai has been a contentious issue, with supporters arguing they help consumers while critics claim they exploit minor infractions to extort small businesses [2][3] - The decline of professional counterfeiters is seen as an opportunity to establish a more formal consumer rights protection system, which includes efficient complaint channels and robust public interest litigation [3] Group 3: Consumer Concerns - The public's concern regarding the difficulty of protecting consumer rights highlights the need for a more effective regulatory framework, as many feel that the current system requires excessive effort to achieve justice [3] - The historical context of professional counterfeiters gaining prominence during periods of increased online shopping and food safety issues underscores the necessity for improved regulatory oversight and consumer protection mechanisms [3]

Group 1 - A consumer reported purchasing moldy and insect-infested duck feet from a well-known snack brand's store in Guangzhou, leading to a dispute over compensation [1] - The brand's customer service initially promised a compensation of 1,000 yuan but later changed the offer to only 25 yuan after verifying the issue at the store [1] - The incident sparked significant online discussion, with other consumers sharing similar complaints about product quality, including hair found in ice cream [1] Group 2 - The brand's after-sales department confirmed receiving complaints related to the store and labeled the consumer as a "professional complainer," citing multiple complaints from the same individual since June [1] - The brand reported a total of six complaints regarding product quality since June, with five resulting in compensation totaling 2,509.6 yuan [1] - The brand has been in operation since 2019 and is projected to exceed 8,000 stores nationwide by February 2025 [2]

Core Viewpoint - The article discusses the controversies surrounding the professional "fake goods fighter" Wang Hai, including his recent account bans on social media platforms and allegations against products promoted by influencer Dong Yuhui and his company Yuhui Tongxing [1][5]. Group 1: Wang Hai's Activities - Wang Hai's accounts on Weibo and Douyin have been banned for violating laws and regulations, with his last updates being on February 12 and January 18, respectively [1]. - He has repeatedly targeted products promoted by Dong Yuhui, claiming misleading advertising practices, such as the sale of non-organic potatoes at inflated prices [3]. - Wang Hai has also raised concerns about the authenticity of products like "Wanbang Mugwort Patches," questioning the legitimacy of the "Hong Kong Chinese Medicine Research Institute" mentioned on the packaging [4]. Group 2: Legal and Regulatory Context - In a recent incident, Wang Hai claimed that a batch of "rich selenium" eggs sold by Yuhui Tongxing did not meet the advertised selenium content, leading to potential consumer compensation claims exceeding 130 million yuan [9]. - The court ruled that while Wang Hai has the right to supervise and evaluate products, he should not make claims without government verification [10]. - The article highlights the ongoing debate about the role of professional "fake goods fighters" in consumer protection, with some experts advocating for a balanced approach to their activities [13].