Case: health care products containing "sildenafil" was checked
The defendant, Hu, has been operating a pharmacy in yan 'an Road, Weidu District, Xuchang City since 2016.
In October 2020, Xuchang City public Security Bureau Weidu branch routine inspection in the drug store searched out health care products "old Traditional Chinese medicine tonifying kidney pills" five boxes (each box of 10), "Ant Lishen" five boxes (each box of 10). After investigation, the defendant Hu mou since 2019, long-term in its drugstore sales of health care products. After the incident, henan some detection technology limited company issues "detection report" show, "old traditional Chinese medicine tonify kidney pill" "ant Lishen" two kinds of health care products all contain chemical material "west denafei" component, belong to the country to prohibit the material added in health care products.
Weidu District court after hearing that the defendant Hu mou sales knowingly adulterated toxic, harmful non-food raw materials food, its behavior has constituted the sale of toxic, harmful food crime. Comprehensive defendant criminal facts, circumstances, to the case after the performance and social harm degree, according to the law in September 2021 to make a judgment: defendant Hu mou guilty of selling toxic and harmful food crime, sentenced to 10 months in prison, suspended for 1 year, and fined RMB 10,000 yuan; Prohibit defendant Hu mou in probation period engaged in food production, sales and related activities; The compensation for losses of RMB 6,000 shall be turned over to the State Treasury; Public apology to society in the municipal media. So far, Hu has paid all the punitive damages and issued a public apology in the media.
Reminder: health care products belong to "food", it is strictly prohibited to add prescription drugs
Health care products are qualitatively classified as "food". The safety of food is related to the vital interests of non-specific people, such as life and health. The state has strict regulations and safety supervision on the production and sale of food. Sildenafil, on the other hand, is a vasodilator that can cause cardiovascular problems when taken in excess, and is a prescription drug that should be strictly controlled. As early as 2012, the relevant departments of the state listed sildenafil as a prohibited additive in the Notice on Releasing the List of Substances that may be illegally added to health food (the first batch) (Food and Drug Administration Bao Hua [2012] No. 33). According to the judicial interpretation of the Supreme People's Court, food adulterated with sildenafil is directly regarded as "poisonous and harmful food". Those who produce or sell toxic or harmful food shall be convicted and punished. Everyone is responsible for maintaining food safety. We must not break the legal bottom line and harm the interests of non-specific groups for selfish gains. The majority of consumers should also sharpen their eyes, do not believe in the effectiveness of health care products advertising, improve the understanding of toxic and harmful food, enhance the ability to identify, for illegal production, sales of toxic and harmful food behavior will never tolerate, the courage to report. Health food packaging signs produced by regular manufacturers include: health care function and suitable crowd, edible method and dosage, storage method, the name and content of effective ingredients, health food approval number, health food logo (sky blue pattern, with health food words, commonly known as "blue hat logo").
■ Relevant laws
Article 144 of the Criminal Law stipulates that whoever produces or sells food mixed with toxic or harmful non-food raw materials, or knowingly sells food mixed with toxic or harmful non-food raw materials, shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; If serious harm is caused to human health or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If death is caused to another person or other especially serious circumstances are involved, he shall be punished in accordance with Article 141 of this Law.