"Many people have been buying these recently for airport security checks."... An undercover investigation into the black market for 3C stickers: A 40,000mAh power bank can be "turned into" a 20,000mAh one in seconds, and 1,260 stickers cost only 28 yuan.
Reporters from NBD (National Business Daily) found through investigation that many online stores and printing factories are illegally selling 3C certification labels at prices as low as 5 yuan. Merchants claim that they can be customized without the need to provide certification certificates. Some merchants even sell capacity labels with tampered parameters, attempting to make over - standard power banks "compliant" to pass security checks.
The 3C logo is a national proprietary certification mark, and illegal sales will result in legal liability. Airport staff said that power banks with stickers are basically impossible to pass the security check. Some sales links on online shopping platforms have been removed, but individual merchants still try to continue the transactions.
"Passengers are prohibited from carrying power banks without a 3C logo, with an unclear 3C logo, or of recalled models or batches on domestic flights." A ban on power banks without 3C certification marks issued by the Civil Aviation Administration has pressed the "safety accelerator button" for the power bank industry.
3C certification (China Compulsory Certification. Hereinafter, the proper noun is expressed as CCC, and the rest are expressed as 3C) is a mandatory market access system implemented by China in accordance with the law to protect consumers' personal safety, national security, and the environment.
This ban has also uncovered another hidden transaction. Recently, after in - depth investigations of several printing factories and online store merchants, NBD reporters found that illegal operations are surging in the market. Some merchants have posted sales links for 3C certification labels of power banks on their online stores, with prices as low as 5 yuan including free shipping. Some merchants are selling 3C labels for power banks at 28 yuan per set (a total of 1,260 stickers) and claim that they do not sell retail. Many merchants clearly stated during communication with reporters that they can undertake the customization of power bank labels such as 3C labels, without the need for customers to provide certification certificates or other materials, only the required size is needed. These merchants also promote that as long as the stickers are pasted, the power banks can pass the airport security check smoothly.
Picture source: Screenshot of a second - hand trading platform
"According to the requirements of CNCA (Certification and Accreditation Administration of the People's Republic of China), e - commerce merchants such as Taobao are not allowed to sell such standard - sized logos." Recently, a person from the logo department of the China Quality Certification Center clearly told reporters over the phone that the 3C logo is a national proprietary certification mark, which is uniformly printed, produced, and distributed by authorized certification agencies. Ordinary merchants and manufacturers do not have the sales or production qualifications.
In fact, once 3C stickers are sold casually, the consequences are unpredictable. Take the power banks that have frequently occupied the hot search recently as an example. Some merchants claim that the stickers can not only be pasted on power banks that have not obtained 3C certification but also cover the original labels of high - capacity power banks. For example, covering the real label of a 40,000 - mAh power bank with a 20,000 - mAh sticker to meet the standard for taking on a plane. If this method is effective, it will pose a great hidden danger to flight safety.
The chaos of "DIY" illegal labels: 40,000 mAh becomes 20,000 mAh instantly
In March 2023, CNCA issued relevant Q&A, which introduced that to purchase 3C logos, the holder of the mandatory product certification certificate needs to hold a copy of the certification certificate, fill out an application form for purchasing logos and affix the official seal, and submit an application to the CCC logo distribution management center. Only after approval can the purchase be made. If purchasing through an agent, the agent needs to obtain the agency purchase qualification and hold a power of attorney.
However, NBD reporters found through investigation that in the illegal trading "world", the above procedures can almost be omitted. On e - commerce platforms, these logos can be obtained by "clicking to place an order".
For example, on a second - hand trading platform, a merchant offers power bank capacity labels marked "20,000 mAh (milliampere - hour), can be taken on planes or high - speed trains". You can buy 5 labels for 25 yuan. The merchant also says that there is stock of 20,000 - mAh capacity labels, the price is negotiable, and power banks with these labels can be taken on planes.
Picture source: Screenshot of a second - hand trading platform
When the reporter contacted the merchant as a purchaser, a merchant clearly stated that the labels can be customized starting from 30 yuan, without the need for customers to provide compliance documents such as 3C certification. "Just provide the content and we can make it." During the communication, the merchant showed the reporter several templates of capacity parameter labels, some with and some without 3C logos, claiming that "many people have their labels made here".
A merchant revealed that they accept large orders from factories for tens of thousands of sets as well as small orders from individual customers. They receive more orders from lithium - battery factories. The merchant also said bluntly that "many people are buying recently to pass the security check", and even a distributor customized 10,000 labels with 3C logos at one time.
Moreover, during the investigation, the reporter also found that against the background of continuous strengthening of 3C compliance supervision in the power bank industry, the chaos of illegal label transactions has become more and more serious. Some merchants openly sell capacity labels for tampering with power bank parameters, attempting to make over - standard products "smoothly" pass the security check. The safety hazards are shocking and also fuel the industry chaos.
"For an old 40,000 - mAh power bank, replace the laser logo (brand logo) with a 20,000 - mAh capacity label, and it can be taken on a plane or high - speed train." Another merchant said that according to the demand, the label information can be modified at will, from the capacity to the 3C logo, "everything can be changed at will".
Picture source: Screenshot of a second - hand trading platform
The reporter noticed that these labels are marked with relevant parameters of "portable mobile power supplies", covering standard, fast - charging, and flash - charging versions. The nominal manufacturer is "Shenzhen Weilai Electronic Co., Ltd.", and it implements the GB/T35590 - 2017 standard. However, after querying through platforms such as Tianyancha and the National Enterprise Credit Information Publicity System, the reporter did not find Shenzhen Weilai Electronic Co., Ltd.
In practice, can such 3C logos pass the airport security check smoothly? The reporter also asked a staff member of a large domestic airport. The staff member said that power banks with stickers are basically impossible to pass. "Because when passengers take a plane through security, security officers will carefully check each power bank. The relevant information on normal power banks is printed on them, and a pasted label clearly looks fake."
He introduced that currently, airports are more strict in checking power banks and have also increased safety publicity. "In our airport, from the entrance to check - in, security check, and the broadcast in the terminal building are all doing popular science and reminders, asking passengers to voluntarily abandon (unqualified power banks) for their own safety."
However, the above - mentioned airport staff also admitted that in practice, "of course, there may be missed inspections. Just like lighters, it really requires careful manual inspection (to reduce missed inspections). In addition, this kind of sticker forgery is suspected of being illegal. I believe the Civil Aviation Administration will also monitor public opinion and give more guidance in the future."
The reporter noticed that currently, some sales links of power bank capacity labels on online shopping platforms have been removed, and the relevant products in the stores show "The item you are looking for does not exist or has been deleted". But during further communication with the merchants, the reporter found that individual merchants still try to continue the transactions through the method of "guiding to click on other links + leaving a note" and say that if you still need them, you can directly place an order.
The gray industrial chain is exposed: Printing factories "print as long as there is a picture"
On the sales side, 3C labels were once casually sold on e - commerce platforms. On the production side, some packaging printing factories also seem to be undisguised, also "producing as long as there is a picture".
A printing factory in Shenzhen told the reporter that it is a factory mainly engaged in customization. "Basically, customers provide the files and then we produce." When asked whether the 3C labels produced recently, which are being strictly investigated, would look fake at first sight, the factory said that "the printing quality of my labels is fine" and also revealed that "we have made them, both large and small, and there are also silver ones". During the communication, the factory's person - in - charge mentioned that "1 million labels only cost seven or eight hundred yuan".
This price is much lower than that of purchasing from the formal channel, the CCC certification logo distribution management center. According to the price published on the CNCA website, the standard - sized certification logo (8mm) is 0.03 yuan per piece, and 1 million pieces would cost 30,000 yuan.
Recently, a person from the logo department of the China Quality Certification Center told NBD reporters that the 3C logo is divided into standard - sized CCC logos, printed/molded CCC logos, and electronically labeled CCC logos. In form, the standard - sized CCC logo is similar to individual labels, with a code and laser anti - counterfeiting. The printed/molded CCC logo is applied to the product body through printing/molding processes. The electronically labeled CCC logo refers to the CCC logo displayed electronically on integrated screen products such as monitors.
The above - mentioned person also introduced that there are strict requirements for the production, distribution, and use of the logo in any form. For example, for the standard - sized CCC logo, "if an enterprise wants to use this kind of logo, it must purchase it from a certification agency because the quantity of this kind of logo is controlled". And for the printed/molded CCC logo, "this logo should be applied to the product body or nameplate in an obvious position and should be inseparable from the product body or nameplate".
The reporter also found that according to the "Management Requirements for Compulsory Product Certification Logos", the standard - sized CCC logos are printed by designated certification agencies. This document also puts forward the following requirements for logo management: First, the production enterprises of certified products purchase standard - sized CCC logos from designated certification agencies with valid mandatory product certification certificates (or self - declarations). Second, designated certification agencies should truthfully record and archive the printing and distribution of standard - sized CCC logos and be able to trace them back to the production enterprises of certified products. Third, market supervision and management departments at all levels supervise and inspect the use of CCC logos in their jurisdictions in combination with the supervision and inspection work in the field of mandatory product certification and punish illegal acts in accordance with the law.
Regarding how to distinguish genuine and fake 3C logos, an article in People's Daily said that first, look at the three - dimensional effect. Observe the 3C certification logo from the front against the light. The logo has a white background and a black pattern. Look at the logo picture with your eyes fixed on it. Looking through the diamond of the 3C certification logo, the logo picture has a profound three - dimensional feeling and a sense of reality. If there is no three - dimensional effect, it can be judged as a counterfeit logo.
"Commodities that have passed the safety certification all have a unique code. After tearing off the 3C logo, you will see this anti - counterfeiting code. Generally, there is no such anti - counterfeiting code behind counterfeit logos. For a genuine 3C logo, after tearing it off, the logo will be damaged and cannot be pasted back. This is also a way to distinguish."
Escalation of legal liability: Forging certification may involve criminal liability, and packaging printing factories and merchants are also involved
What specific legal liabilities may relevant enterprises or individuals face for producing or selling power bank products without 3C certification or with tampered/falsely labeled capacities?
On June 30, Wu Wenxue, an expert from Kangde Think Tank and an equity partner of Beijing Zhongwen Law Firm, said in an interview with NBD reporters that tampering with or falsely labeling the capacity may involve false advertising. In addition, if the product has safety hazards, it may also violate the safety standard requirements in the Product Quality Law of the People's Republic of China, which may include administrative penalties such as fines, confiscation of illegal income, suspension of business for rectification, and revocation of business licenses. If the circumstances are serious enough to constitute a crime, criminal liability may be involved.
Wu Wenxue analyzed that in the case of simply falsely labeling the capacity but the product being qualified, it may only constitute fraud and not involve criminal liability. But if inferior battery cells are used at the same time and the sales amount exceeds 50,000 yuan, it will definitely violate the criminal law. In addition, it should be noted that the 3C certification logo indeed falls into the category of "state organ certificates" protected by Article 280 of the criminal law. Forging the QR code of the 3C logo constitutes forging state organ certificates, which is fundamentally different from ordinary trademark infringement.
"A packaging printing enterprise that produces 3C labels for customers without 3C certificates also constitutes an illegal act of forging and altering certification logos and should bear corresponding administrative responsibilities such as fines. If the circumstances are serious, it may violate the criminal law. If it knows that the customer will use these labels for illegal activities and still produces them for the customer, it may be regarded as an accomplice in the relevant illegal and criminal acts, depending on the enterprise's subjective intention and actual behavior." On June 30, Liu Kai, a lawyer from Beijing Zhongwen Law Firm, also mentioned in an interview with the reporter that packaging printing factories are also involved.
On June 30, Xiao Huilin, a partner of Dehe Hantong Law Firm, said in an interview with the reporter that for manufacturers, on the one hand, they need to strengthen product quality management and factory supervision and self - inspection to ensure product quality. On the other hand, they need to establish a reasonable consistency control system to ensure product consistency. For brand owners, before signing a cooperation agreement with a manufacturer, they should conduct a detailed due - diligence investigation on the manufacturer's production capacity, quality control, product consistency, explosion - proof certificate, and ISO9001 quality management system.
Xiao Huilin believes that for online platforms, they should legally do a good job in reviewing commodity providers, require merchants applying to enter the platform to sell commodities or provide services to submit their real information such as identity, address, contact information, and administrative licenses, verify, register, establish registration files, and regularly verify and update them.
Xiao Huilin suggested that merchants selling power banks without 3C certification are engaging in fraud, and consumers can demand compensation from the merchants in accordance with the Consumer Rights Protection Law. If consumers accidentally purchase power banks without valid 3C certification or with seriously falsely labeled capacities, it is recommended to keep relevant evidence.
"If a power bank with a fake 3C sticker passes the security check and causes an accident on a plane, high - speed train, etc., the sticker merchant needs to bear legal liability." Liu Kai believes that the merchant's act of selling fake stickers provides the conditions for the accident to occur and is at fault. If it constitutes a crime, criminal liability will be investigated in accordance with the law. Civilly, it also needs to bear compensation liability for the personal and property losses caused by the accident.
This article is from the WeChat public account "NBD Headlines", author: Zhen Sujing, Wu Zepeng. Republished by