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#temu#don#fine#amazon#commission#safety#long#more#years#company

Discussion (66 Comments)Read Original on HackerNews

big85about 4 hours ago
> Evidence from a mystery shopping exercise included in the Commission's investigation shows that a very high percentage of the selected chargers failed basic safety tests, while a high percentage of tested baby toys posed safety risks of medium to high severity, as they contain chemicals exceeding legal safety limits or pose suffocation hazards due to detachable parts.

> Under the DSA, designated Very Large Online Platforms are required to diligently assess systemic risks linked to their services and adopt corresponding mitigation measures.

pjc50about 3 hours ago
Interesting that this is under the DSA, since if they're the "importer" by mailing parcels to the EU it would also be covered by long standing rules on CE marking.

It's good to know that someone's actually checking this stuff. Self-reported compliance like CE always makes me wonder if I'm a mug for trying to comply honestly with the rules when it would be easy not to.

TheJoeManabout 2 hours ago
I'd be curious to see a breakdown between the "toxic chemicals" and "suffocation hazards" categories, as my intuition says it's mostly the latter and often bunk. The other day I was watching the TV above the Walmart customer service desk that displays product recalls, and multiple recalled products were a motorized bassinet, but the wireless remote control has a battery compartment that could be opened and then the battery swallowed. To a layman or (I assume) Chinese inventor, that seems overly burdensome as I am certain that same household would have other wireless remotes.
eqvinoxabout 1 hour ago
> "suffocation hazards" categories, as my intuition says it's mostly the latter and often bunk.

Are you US-american? (Walmart is a good hint that you are.) There's some widespread misconceptions/prejudice there, e.g. the Kinder egg thing. The EU has no problem with selling those.

super256about 2 hours ago
Not a breakdown, but this comment reminded me of a recent play sand test by Stiftung Warentest:

They tested play sand for asbestos, and four of these positive tested play sands were ordered on Temu. The play sand is for kids!

https://www.test.de/Deko-Spiel-und-Bastelsand-Asbest-Alarm-i...

HPsquaredabout 2 hours ago
Batteries are more than a choking hazard; they can cause severe internal chemical burns, gut perforation and so on initiated by electrolysis.
rendaw43 minutes ago
I think the idea is that the baby would be in the bassinet, the parent would have the remote, not the other way around.
throwa356262about 3 hours ago
Is temu much worse than amazon here?
embedding-shapeabout 3 hours ago
Probably yeah, Amazon already had long exposure to the regulations from EU and European countries, they surely have some won lessons from these years, compared to Temu which is relatively new and might still be learning how things work, apparently. Temu is what, 3-4 years old or something?
bonziniabout 2 hours ago
"compared to Temu that does not give a damn by design" would be more accurate.
psychoslaveabout 1 hour ago
Isn’t Temu basically Aliexpress with some "new shiny" frontend?

Not sure there is anything one couldn’t find on Amazon the exact same wares, though with the additional margin for a USA bigtech company in the middle.

AndrewDuckerabout 3 hours ago
Certainly in the UK, we don't have the same issues with terrible Chinese fakes that I hear about from US Amazon users.
maccardabout 2 hours ago
We don’t have the fakes problem but Amazon in the UK has a growing amount of stuff that is just resale of stuff from temu. I suspect if you tested the top 10 chargers on Amazon that weren’t anker, you’d find the same problems.
philipwhiukabout 2 hours ago
Amazon UK these days is definitely full of Chinese reproductions and drop shipped knock offs.

Whether they're dangerous I don't know, I've not tried them.

Hamukoabout 2 hours ago
I don’t know about fakes, but browsing Amazon DE feels like browsing AliExpress when looking for any technology products. Especially cables, adapters and such.
HPsquaredabout 3 hours ago
There's a lot of work to be done.
ThePowerOfFuetabout 2 hours ago
Yes.
MrDresden5 minutes ago
Seems the last bit of the url was cut off after submission.
penr0seabout 2 hours ago
Thank you
humanpotatoabout 3 hours ago
MrDresden5 minutes ago
[delayed]
spwa4about 2 hours ago
So they let sellers from china, and reseller platforms, get away with violating safety laws for 3 years (just Temu), have 50 BILLION euro in revenue (about 3-4 billion in profit for the platform itself) from those products and then charge them 200 Million for the crime?

Can European companies demand equal treatment? Wait, no, I know the answer to that.

tpm36 minutes ago
Nobody was ever stopping individual member states from prosecuting Temu - they just don't do it because I don't know why, it's too much work? So finally after decades (because this is a decades-long issue with Aliexpress etc) they set up a EU-wide framework and once it starts acting, it's again EU's fault it took so long? They can only do what the member states delegate to them.

But it will eventually get better because in addition to DSA there are other steps; the importers have to declare a responsible person in the EU, the packages will get more expensive etc.

croteabout 1 hour ago
Yes, because it is the start of enforcement. That's how it works, not just a one-and-done slap on the wrist.

If they don't fix it, it'll eventually continue to the "20% of worldwide revenue" kind of fine everyone on HN was so afraid of when the GDPR was introduced. But that's not what it starts with.

tormehabout 1 hour ago
This is a key observation and I also remember those dumb discussions. The top end of the fine scale is more or less theoretical if you demonstrate any willingness to improve. Looks like Temu has engaged in really bad practices, and they still only get what's (to them) a gentle reminder that there are rules.
spwa4about 1 hour ago
So you're saying if I start a company in the EU that violates safety standards, copyright, trademarks, ... I will be allowed to profit of that for 3 years (let's pretend it's just 3 years that Chinese producers have been doing that) before facing any consequences and at that point STILL only be required to clean up my act (ie. not face any consequences for violations already done)?

I find this incredibly, incredibly hard to believe.

SiempreViernes40 minutes ago
The EU does in fact not have an infinite amount of safety inspectors, however hard this is to believe for you.
johanvts27 minutes ago
If you start the company in China and ship to EU. If you start it in a EU country I think local laws will stop you much faster than the EU commission. Still there are plenty of grifters that start fraudulent companies in the EU and roll assets into a new one as they bankrupt, and they can operate for decades before they eventually get stopped.
LunaSeaabout 1 hour ago
It will never continue to 20% of worldwide revenue. No matter how long they refuse to comply with EU laws for.

GDPR has been a farce in terms of enforcement.

gib444about 4 hours ago
> Temu has until 28 August 2026 to submit an action plan to the Commission, as required by Article 75 of the DSA. The plan must set out measures to remedy the breach of its risk-assessment obligations. The European Board for Digital Services will have one month from receipt of the plan to issue its opinion. The Commission will then have a further month to adopt its final decision and set a reasonable period for implementation.

> Failure to comply with the non-compliance decision may lead to periodic penalty payments.

So they're just threatening a fine at this stage? It's not clear to me

throw_a_grenade1 minute ago
It's actually both: they handed one-time fine for past behaviour (about 200 M€, not final, can and most likely will be appealed and paid in like 10 years or so; cf. Apple tax breaks in Ireland); and threatening more fines if they don't play along in the future. One of the kinds of punishment that Commision can slap (subject to court oversight, ofc) is „daily fines”, which is a fine that accumulates with constant daily rate up to the date the company complies, or some pre-set maximum, which usually calculates to several months, and need to be reissued afterwards (which is an opportunity to double the daily amount, and again, can be appealed to a court).
purerandomnessabout 3 hours ago
Since this is under the "Next Steps" section, it's pretty clear to me that the €200M fine is a fixed one-time fine that was issued now, but further, repeated fines ("periodic") will be issued if the hazard is not removed.
nolokabout 3 hours ago
No, it's a fine, but the fine doesn't absolve you from fixing it too so it stops. You have this delay to submit a plan for how and on what timeline you will fix it. If you don't do it, or take too long, we will keep fining you, increasingly.

An exemple what how in the old microsoft case they ended up puttin a daily fine for non compliance until microsoft balked back and fixed it (after they tried to act tough and pretended to ignore them).

The end goal ultimately is to get it fixed.

bcjdjsndonabout 3 hours ago
How do they enforce a fine on a Chinese company? What if temu says "up yours"?
robin_realaabout 3 hours ago
I visited Temu from Sweden and clicked on the terms of use, this is the first line:

1.1 These Terms are between you and Whaleco Technology Limited, an Irish company.

mdrznabout 3 hours ago
you won't be able to sell in the EU market anymore
sunshine-oabout 1 hour ago
Yes, but who is fining the commision?

The best way to fight Temu would be to maintain a society where young people are not so desperate that the only comfort they can afford is to order the cheapest crap online.

johanvts33 minutes ago
The TEMU shoppers I know are all older and plenty rich and just basically don’t realize/comprehend that there is a cost to shopping low quality toxic garbage beyond what the see on their receipt. I don’t think cost of living crisis is fueling TEMU, its the desire for unbounded consumption + gamification of shopping.
seydorabout 3 hours ago
I've been buying everything i can think of from temu for a year now , in anticipation of it surely being outlawed in the EU. That time has come.
jonkoopsabout 2 hours ago
Well, enjoy your plastic toys and clothes that are full of known carcinogens I guess.
nutjob2about 2 hours ago
It's not being outlawed but made more expensive via a 3 euro fee attached to every item purchased.