Fonterra should compensate Chinese importers: experts  

受肉毒桿菌污染中國乳企是受害者 可索賠恒天然

日前，新西蘭恒天然集團的38噸乳清蛋白粉查出肉毒桿菌，由于進口恒天然提供的原材料，數家中國企業的產品可能受到污染。當前，這些企業已經發表聲明召回相關產品。專家表示，產品受污染的中國乳企是受害者，可以根據中國的法律和買賣合同向恒天然索賠；不管對于中國消費者還是進口乳企，恒天然作為最終責任者必須承擔責任。[查看全文]

(ECNS) -- Chinese importers of dairy products from New Zealand dairy giant Fonterra can claim compensation for their losses as victims, according to law and economic experts on Tuesday.

Fonterra should bear full responsibility for the incident, and Chinese importers are entitled to claim compensation, said Liu Junhai, a law professor at Renmin University.

The losses of Chinese firms should be compensated, as potentially contaminated products have been recalled, Jin Bosong, an economist with the Ministry of Commerce (MOC), said, adding that once Chinese consumers demand compensation from these firms, the claims can be transferred to Fonterra.

Jin said lawsuits can be filed in China and are within the range of common international trade disputes. Liu added that whether Chinese firms file lawsuits in China or in New Zealand depends on provisions in their contracts.

Both dismissed concerns that Chinese should be afraid of filing lawsuits, as Fonterra is the world's largest dairy exporter, and more than 80 percent of raw milk powder in China comes from New Zealand.

Jin said everybody is equal before the law, and a firm should be punished for providing unsafe products, no matter how big it is. There is no limit for the claim and Fonterra should compensate the total loss, Liu said.

Fonterra said on Friday that some whey protein produced in May 2012 contained Clostridium botulinum, which can cause botulism.

Four Chinese importers have recalled products, including Hangzhou Wahaha Health Food Co., Ltd., Hangzhou Wahaha Import & Export Co., Ltd., Shanghai Tangjiu (Group) Co., Ltd. and Shanghai-based Dumex Baby Food Co., Ltd.