How to claim for buying fake cigarettes?

Because cigarettes are special commodities and do not belong to the food category stipulated in the Food Safety Law, the provisions of the Food Safety Law cannot be applied. Selling fake cigarettes is an act of selling fake and inferior products, and serious circumstances constitute the crime of selling fake and inferior commodities. How to protect the rights of buying fake cigarettes depends on the specific situation. Generally speaking, consumers who buy fake cigarettes will encounter the following three situations when negotiating with cigarette retailers:

First of all, retailers admit that they sell fake cigarettes. In this case, the consumer can negotiate with the retailer. If the compensation given by the retailer is very simple, then the retailer is suspected of selling fake goods. After receiving compensation, consumers should call the "123 13" tobacco monopoly products market supervision service hotline to report.

Secondly, under the premise of defining the shops selling cigarettes, retailers and consumers have differences on the authenticity of cigarettes. At this time, consumers can take cigarettes to the regulations department of the Tobacco Monopoly Bureau for true and false identification, and the quality inspection department will provide consumers with free identification services.

Third, there are disputes between consumers and retailers. Retailers do not admit that the cigarettes held by consumers are for sale, and consumers cannot produce enough evidence to prove that the cigarettes are sold by retailers. Therefore, the two sides cannot negotiate. In this case, consumers can send cigarettes to the regulatory department (quality inspection team) of the Tobacco Monopoly Bureau. If they are identified as counterfeit cigarettes, the supervision department (quality inspection team) will contact the monopoly office, which will deal with them according to law. Consumers need to specify the address and name of the shop selling cigarettes so that law enforcement officers can investigate.

Legal basis: Article 140 of the Criminal Law of People's Republic of China (PRC), producers and sellers who adulterate products, pass fake products off as genuine products, and pass unqualified products off as qualified products, and the sales amount is more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than 200,000 yuan;

If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;

If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount;

If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.