Recently, a consumer in Ganzhou, Jiangxi Province, reported that she found a cockroach in an unopened jasmine milk tea she purchased at a certain store of HEYTEA. Despite the store offering a refund, the consumer believes that, according to the Food Safety Law, the store should compensate her 1000 yuan. This has led to a deadlock between the two parties. This incident not only sparked discussions and made headlines as “Cockroach Found in Unopened Milk Tea from HEYTEA” but also once again brought consumers’ struggles in safeguarding their rights when encountering foreign substances in beverages to the forefront.
Consumer Seeks 1000 Yuan Compensation with Legal Basis and Precedents
According to a report by the Daily Economic News, the consumer, using the pseudonym “Shao Mai,” disclosed that she found a cockroach in the jasmine milk tea she bought from HEYTEA. After reporting the foreign object, the store refunded the drink to her. However, she believes that aside from the refund, in accordance with relevant provisions of the Food Safety Law, HEYTEA should compensate her 1000 yuan. As of the time of writing, the two parties have not reached an agreement on compensation.
Article 148 of the Chinese Food Safety Law stipulates that if a consumer suffers harm from food that does not meet safety standards, they can demand compensation for losses from the operator. They can also demand the producer or operator to pay ten times the price or three times the loss as compensation. If the increased compensation amount is less than 1000 yuan, it shall be set at 1000 yuan.
On August 15, the regional manager of HEYTEA in Ganzhou stated that they were reviewing surveillance footage to identify how the cockroach got into the cup.
The trending topic “Cockroach Found in Unopened Milk Tea from HEYTEA” has sparked discussions.
It is noteworthy that seeking 1000 yuan in compensation is not an arbitrary demand but is supported by clear legal provisions. Similar cases are not uncommon. In April, the Guangzhou Daily reported that a woman in Huizhou, Guangdong Province, found a dead fly in her milk tea. Initially, the store only offered a refund, but later proposed triple compensation. However, the woman insisted on a 1000 yuan compensation and ultimately took the store to court. Despite reaching a settlement during the trial, the store eventually paid the 1000 yuan compensation.
Nevertheless, many businesses still attempt to settle disputes by offering refunds, unwilling to pay the minimum compensation amount as stipulated by law, which remains a significant challenge in consumer rights protection.
HEYTEA Previously Exposed for Food Safety Issues
The recent incident at HEYTEA is not an isolated case. This global giant with over 46,000 stores worldwide has frequently faced exposure for food safety problems during its rapid expansion.
On July 8, the topic “HEYTEA Employees Close Water Dispenser with Feet” surged on Weibo.
This trend originated from a video circulating online showing an employee at a HEYTEA store using their foot to turn off the water tap of a water dispenser, with a water bucket placed underneath. The video was captioned, “Suddenly remembered what I did working part-time at HEYTEA, it cracked me up.” The video raised consumer concerns about HEYTEA’s food hygiene and safety.
On March 14, Hubei TV’s “315 Special Report” exposed that the HEYTEA store in Yichang’s Ningzhuan New World did not follow regulations, using overnight lemon and orange slices to make signature drinks.
In April 2022, a HEYTEA milk tea shop in Gongcheng Yao Autonomous County in Guilin, Guangxi Province, was fined 2000 yuan for using expired “roasted coffee powder” to make processed milk tea.
In May 2021, media reports indicated that several HEYTEA stores in Zhengzhou, Jinan, Wuhan, and other cities tampered with ingredient expiration dates and used overnight tea soup and milk, among other food safety issues. On May 15, HEYTEA’s official Weibo account apologized and announced that the implicated stores had ceased operations for rectification.
As of now, there have been over 14,000 complaints on the Black Cat Complaints Platform related to HEYTEA, many of which involve food safety problems.
Public records show that HEYTEA has expanded globally with over 46,000 stores.
Despite nearly sixty percent of HEYTEA stores being in third-tier cities or below, with product prices around 6 yuan, the frequent occurrence of food safety issues has placed this tea beverage enterprise, known for its high cost performance, in a severe trust crisis.