Should Yao Ming's claim be supported by the court?
Got support. The court ruled that Yao Ming pharmacies without joint liability only need to pay for the goods. The court of first instance ruled that Beijing People's Sunshine Pharmacy Co., Ltd. refunded Feng Changshun's payment of 88.2 yuan and rejected Feng Changshun's other claims. After the verdict was pronounced, Feng Changshun appealed. This morning, the Second Intermediate People's Court publicly pronounced the case. After hearing the case, the Second Intermediate People's Court held that there were three controversial points in this case. First, whether there is false propaganda when People's Sunshine Pharmacy sells Tomson Bianjian brand fish oil soft capsules (hereinafter referred to as health care products involved) to Feng Changshun; Second, whether Feng Changshun did harm to his body after eating the health care products involved; Third, whether Yao Ming should be jointly and severally liable for the losses claimed by Feng Changshun. The court held that the product function of the health care product presented by Feng Changshun in the first instance is as follows: the health care function is to assist in lowering blood fat, which is suitable for people with hyperlipidemia, and the words "this product cannot replace medicine" are marked. The product function description on the packaging bottle is consistent with the content approved in the domestic health care product approval certificate, and does not violate the relevant provisions of the Food Safety Law of People's Republic of China (PRC). At the same time, Feng Changshun did not prove that the "brochure" he provided was obtained from People's Sunshine Pharmacy, that is, Feng Changshun did not fully prove that when he was shopping at People's Sunshine Pharmacy as a consumer, the pharmacy used false propaganda to provide goods to him. In addition, Feng Changshun, as a person with full capacity for civil conduct, should read the relevant product descriptions in detail when purchasing health care products. Now he says that he didn't read the contents recorded on the packaging bottle when he bought the health care products involved. He only said that he bought them because he believed in Yao Ming, which was against common sense. In the second controversy, Feng Changshun said that he only felt that eating the health care products involved had no effect and did not explain the harm to the body. However, Feng Changshun did not suffer any money loss because of the purchase of the health care products involved in the case that the People's Sunshine Pharmacy agreed to refund the payment of 88.2 yuan to Feng Changshun, so the court refused to support his claim to ask the People's Sunshine Pharmacy to compensate him for 500 yuan. On the third controversial point. There is no false propaganda when people's sunshine pharmacy sells health care products involved to Feng Changshun; Feng Changshun did not suffer any actual damage due to the purchase and consumption of health care products involved. Therefore, Feng Changshun's demand that Yao Ming and People's Sunshine Pharmacy bear joint and several liability lacks factual and legal basis, and the court does not support it. Accordingly, the Second Intermediate People's Court made a final ruling: rejecting the appeal and upholding the first-instance judgment, that is, Beijing People's Sunshine Pharmacy Co., Ltd. returned Feng Changshun's payment of 88.2 yuan within seven days after the judgment came into effect, and rejected Feng Changshun's other claims.