A female student in Hengyang, Hunan, reported that a fly was found inside a cup of Mixue Ice Cream & Tea milk tea she ordered via a delivery platform in November 2025. She believes the presence of a foreign object constitutes a food safety issue, and the merchant should provide compensation according to Article 148 of China's Food Safety Law. However, the platform only processed a refund for the order and did not provide a timely response regarding compensation, suggesting she contact the merchant directly. On the afternoon of January 5, the manager of the involved store stated that after receiving the complaint, the store had requested an inspection by market regulatory authorities, who found no hygiene issues at the premises.
At 16:39 on November 21, 2025, the student, surnamed Pu, placed an order through a delivery platform for a cup of taro ball milk tea with less ice and 70% sugar from the Mixue Ice Cream & Tea (Xin Nanhua store), priced at 9 yuan. After receiving the order, Pu claimed that upon opening the outer packaging, she discovered a foreign object floating in the drink. "I glanced inside and saw a black thing; when I looked closely, it turned out to be such a large fly!" Pu immediately reported the issue through the platform's customer service, asserting that she had encountered a food safety problem and had the right to seek reasonable compensation from the merchant.
"I felt disgusted immediately; this clearly indicates the merchant's hygiene standards are subpar," said Pu, who pursued complaints through multiple channels. "The customer service representative told me the merchant refused to compensate and displayed a very poor attitude, showing no awareness of their own problem, as if a fly in the milk tea was insignificant."
Pu stated that she faced a food safety issue and the merchant should compensate according to Article 148 of China's Food Safety Law. However, 46 days had passed, and her efforts to seek redress had yielded no results. On the afternoon of January 5, a reporter contacted the manager of the Mixue Ice Cream & Tea (Xin Nanhua store), who confirmed the complaint existed. The manager noted that after local market regulators conducted an on-site inspection, no hygiene issues were found at the store. Regarding the specific drink Pu purchased, the manager said they had requested an on-site verification, which Pu declined. "If there's a problem with the product, it must be verified on-site; photos alone cannot confirm the situation," the manager added. The manager also mentioned that staff had asked Pu to send a video showing the cup inverted, but she did not respond. The manager stated they would continue to actively communicate with Pu to resolve the matter. In response, Pu indicated that she had kept the unopened drink since receiving it. The store had asked her to come to the location, but she refused, fearing the evidence might be destroyed. Her report to the national customer service hotline also led nowhere.
Subsequently, a reporter called Mixue Ice Cream & Tea's national customer service hotline. A staff member stated that when consumers report issues, they assist in verification and handling, and will forward the problem to the relevant department for a prompt reply. As of the time of reporting, no response had been received. Fu Jian, director of Henan Zejin Law Firm, believes Pu's claim for compensation is entirely lawful. If the unopened milk tea indeed contained a fly, it constitutes food that does not meet safety standards. According to Article 148 of China's Food Safety Law, if a producer makes or a seller knowingly operates food that fails to meet safety standards, the consumer can seek compensation for losses and may also demand payment of ten times the price or three times the loss amount as additional compensation; if the increased compensation is less than 1,000 yuan, it shall be 1,000 yuan. Pu can protect her legal rights by sending a written claim letter to Mixue, filing a complaint with market regulators via 12315, applying for mediation by a consumer association, or, if all else fails, taking legal action in court.
Comments