Legal liability for selling expired products

Legal analysis: The merchants and manufacturers are jointly and severally liable to the consumers on the product quality issue. In this case, consumers can also choose to hold the merchants and manufacturers accountable. Merchants and manufacturers also need to compensate consumers.

legal basis: article 48 of the law of the people's Republic of China on the protection of consumers' rights and interests, if a business operator provides goods or services under any of the following circumstances, it shall bear civil liability in accordance with the provisions of other relevant laws and regulations, unless otherwise provided in this law:

(1) the goods or services are defective;

(2) The commodity does not have the performance it should have and is sold without explanation;

(3) failing to meet the commodity standards indicated on the commodity or its packaging;

(4) it does not conform to the quality condition indicated by the commodity description, physical samples, etc.;

(5) producing commodities explicitly eliminated by the state or selling expired or deteriorated commodities;

(6) the quantity of commodities sold is insufficient;

(7) the contents and fees of the service are in violation of the agreement;

(8) deliberately delaying or unreasonably refusing the consumer's request for repair, rework, replacement, return, replenishment of commodity quantity, refund of payment for goods and services or compensation for losses;

(9) other circumstances that harm consumers' rights and interests as stipulated by laws and regulations.

if the business operator fails to fulfill the obligation of safety guarantee to consumers, thus causing damages to consumers, it shall bear the tort liability.