There exist some overlapping parts between the concepts of mislabeling and adulteration or counterfeit. According to the current “Act Governing Food Safety and Sanitation”, adulterated or counterfeited food additives will constitute abstract potential damage offence. On the other hand, mislabeling, if severe and may be sufficient to harmful to human health, will constitute concrete damage offence and actual damage offence. In this way, it is necessary for us to differentiate their concepts and application scopes. Generally, based on the requirements of criminal legislation, abstract potential damage offence is constituted once specific behavior appears and allows no disproof. However, this will too capricious and reckless if there is no potential damage to legal interests.