Plasticizer victims compensation nearly NT$4M / 塑化劑團訟求償25億 二審判賠394.8萬

In 2011, dishonest food companies added plasticizers into food sold to their downstream buyers. Shortly after, the Consumers' Foundation filed a class action lawsuit on behalf of consumers and demanded a compensation of NT$2.5 billion. Dissatisfied by the district court's decision to award just NT$1.2 million for the case, the Foundation decided to appeal. On Aug. 24, the second trial verdict was announced: an extra 2.74 million nt dollars in compensation, which includes, for the first time, compensation for emotional distress and punitive damages. In May 2011, a food safety scandal over the use of toxic plasticizers sparked fears among consumers. The Consumers' Foundation, therefore, filed a lawsuit on behalf of 461 victims. On August 24, the second trial decision was announced that 18 food companies have to pay an extra NT$2.74 million. ==HSU TSE-YU, Attorney for the Consumers' Foundation== The court awarded us with the compensation for emotional distress because they think that plasticizers are harmful to the human body. I think that in a way, this is a victory for the consumer protection movement. The Supreme Court issued the ruling in which the Consumer' Foundation partially won and partially lost. Although the compensation awarded was far less than the NT$2.5 billion the Foundation had requested, the Foundation's attorney was happy with the result because it was the first time that consumers were awarded with compensation for emotional distress and punitive damages. Over 2 years ago, the Taipei District Court only awarded them NT$1.2 million for the products they had bought. ==FAN CHI-KANG, Panchiao District Court Judge== The plaintiff's request for a compensation for consumers' emotional distress has not been granted. The court awarded the consumers a total of NT$3.94 million, and they can choose to appeal the ruling. Yu Shen Chemical and Pin-Han Perfumery who sold the tainted food additives were also found jointly and severally liable. In 2012, the owner of Yu Shen and his wife were sentenced to 15 and 12 years in prison respectively, while the owner of Pin-Han had passed away and his wife was sentenced to 10 years in prison. TRANSLATED BY：LUKE CHIANG 毒性化學物質塑化劑竟然拿來加入食品中，2011年5月發生食安風暴，讓人人聞塑色變，對此消基會替461名消費者，對食品業者提起首件食安團體訴訟，上午二審判決出爐，有18家業者需再加碼，得多賠民眾274萬8千多元。 ==消基會律師 徐則鈺== 如果說法院認為 塑化劑確實是對人體有損害 而酌給一些精神上的賠償 我覺得對於 消費者保護的運動上來講 已經算是一個勝利了 高等法院這次判消基會部分勝訴、部分敗訴，而二審判賠的金額，雖然比消基會求償的25億元、相差甚遠，但原告律師卻表示感到欣慰，因為這是消費者首次得到精神撫慰金及懲罰性賠償，而兩多年前，新北地方法院在一審時，只判賠購買產品損害的120萬元。 ==新北地方法院庭長 樊季康 (102.10.17.)== 原告請求被告等公司 要賠償消費者精神上的損害賠償 這個部分也沒有准許 總計消費者可獲賠394萬元，全案還可上訴，而販賣添加塑化劑的起雲劑給中下游廠商、卻沒告知的昱伸與賓漢公司，也要負連帶賠償，而昱伸負責人賴俊傑與妻子簡玲媛，在2012年底遭判刑15年與12年定讞，而賓漢負責人已經去世，他的妻子王粉則被判刑10年定讞。 記者 林靜梅 陳立峰 台北報導