Fonterra should compensate Chinese importers: experts  

受肉毒杆菌污染中国乳企是受害者 可索赔恒天然

日前，新西兰恒天然集团的38吨乳清蛋白粉查出肉毒杆菌，由于进口恒天然提供的原材料，数家中国企业的产品可能受到污染。当前，这些企业已经发表声明召回相关产品。专家表示，产品受污染的中国乳企是受害者，可以根据中国的法律和买卖合同向恒天然索赔；不管对于中国消费者还是进口乳企，恒天然作为最终责任者必须承担责任。[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.