Consumer Claims in the Event of Food Safety Violations
The focus of this paper is on civil liability of food safety violations. In recent years, suffering from a succession of food safety scandals, people have paid more attention to food safety issues and attached great importance to their rights. Fundamentally, consumers may claim damages from food safety violators under Civil Code, Consumer Protection Act, Fair Trade Act, and Act Governing Food Safety and Sanitation. The elements, requirements, and efforts of these laws differ. For instance, consumers may claim for punitive damages according to Consumer Protection Act or Fair Trade Act; the court may determine the amount of compensation between NT$500 and NT$300,000 on each plaintiff’s request under certain conditions and circumstances pursuant to Act Governing Food Safety and Sanitation. Thus, it would be better for consumers to take into consideration all the circumstances to determine which claims would be used. In addition, court’s elucidative obligation, assessment of damages, and shift or reduction in the burden of proof under the Code of Civil Procedure would be in consumers’ favor in the lawsuit of food safety violation. Based on the above substantive and procedure laws, consumers would recover their damages usefully.