The Reflection of Civil Liabilities Arising from Food Scandals: Focus on The Plasticizer Food Scandal in Taiwan

• Main Authors: Yu, Hui Lin, 游惠琳
• Other Authors: Hwang, Li
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/e63aj3

碩士 === 國立政治大學 === 法律科際整合研究所 === 105 === In May, 2011 the Taiwan Food and Drug Administration reported that plasticizers, such as: di(2-ethylhexyl)phthalate (DEHP) and di(iso-nonyl)phthalate (DINP), were illegally added to clouding agents used in foods and several beverages.The endocrine disruptors have been linked to developmental problems with children and pregnant women, etc.This paper would mainly discuss the issues of the reflection of civil liabilities arising from food scandals, particularly focus on the plasticizer food scandal in Taiwan. First, the author gives an overview of consumer litigation of food safety, food administration in Taiwan, and the basic of claim such as the Civil law, the Act Governing Food Safety and Sanitation as well as the Consumer Protection Law.Secondly, interprets the concept of civil compensationand expand the traditional concept of personal injury to risk of injury (the plaintiff has not manifested any symptoms of disease but may suffer from illness in the future) by referring to toxic tort.Thirdly, illustrates the special rules on causation in the aspect of the environmental liability law, the biotech law and the market share liability to solve the problems of the causation.Fourthly,probes the compensation scope and punitive damages. Finally,by observing court decisions on article 56 of the Act Governing Food Safety and Sanitation, the author analyzes the deletion of existing legal norms and suggests a proposal for law amendments.