The case review
The defendants, Mr. Jing and Mr. Zhang, registered and established Company A in 2009, with Mr. Zhang as the legal representative of the company and Mr. Jing as the actual person in charge. It is reported that A company does not have the health food business license, does not have the license and qualification of health food business, and the company produces and sells compound Tartary buckwheat sugar tablets for diabetic patients. The product is provided by Jingmu formula, Zhang accepted Jingmu assignment, according to the formula to buy raw materials and shipped to a third party company, the third party company is responsible for the processing and production of composite bitter buckwheat pressure tablet sugar.
In Beijing area, A company sells compound bitter buckwheat sugar tablets to agents at the price of RMB 110 per box, and gives agents the guiding price of foreign sales is RMB 498 per box. From November 2013 to August 2014, A company sold 363,000 yuan of compound bitter buckwheat products to agents. After the crime, public security organs seized 76 boxes and 324 bottles of compound Tartary buckwheat tablets sugar produced by A company but not yet sold, and 9 boxes and 174 boxes and 77 bottles of compound Tartary buckwheat tablets sugar not yet sold by agents. After identification, the above obtained compound bitter buckwheat sugar tablets containing the state ban in health food added phenethidine hydrochloride and glibenclamide.
The court held that
Tabletting candy involved in detection of phenformin hydrochloride and Glenn benzene urea content and market sales of western medicine content quite, far higher than natural bitter buckwheat to detect the content of the above two substances, like a thorn, zhang in the production of food mixed with toxic or harmful non-food raw materials and sales, if the circumstances are especially serious, its behavior constituted a production, sales of poisonous and harmful food.
The judgement
For the crime of producing and selling poisonous and harmful food, Jing was sentenced to fixed-term imprisonment of 10 years and 6 months and was also fined 1.5 million yuan; Zhang was sentenced to fixed-term imprisonment of 10 years for the crime of producing and selling poisonous and harmful food and was also fined 1.5 million yuan; The frozen illegal gains of 363,000 yuan shall be confiscated; The food involved in the seizure shall be confiscated.
The judge prompt
Pheneformin hydrochloride and glibenzoide are hypoglycemic drugs, not health care products, medication must follow the doctor's advice. In the name of selling "health care products" that can reduce blood sugar, the defendant in this case illegally added toxic and harmful non-food raw materials pheneguanidine hydrochloride and glibenzoide to the "health care products" in order to achieve the therapeutic effect comparable to drugs, so as to make profits from foreign sales. The case involved the crime of manufacturing and selling toxic and harmful food in the whole chain. The production of toxic "health care products" involved in the production was in large quantity and the sales amount was large, which seriously damaged the market economic order. In accordance with the law, the people's court gave a heavier punishment to the defendant Jing and Zhang for their joint crime, which fully reflects the spirit of safeguarding food safety. The judge reminds the elderly to be sensible about health care products, buy health care products need to look for the "blue hat" health food special logo, for the effect is too obvious health care products should be cautious.