[According to the case] Selling toxic and harmful health products, beware of”self-eating consequences”!
By: Date: 2021-01-10 Categories: chinesefood Tags: ,
   faces a dazzling array of”health products”

   Have you ever been”heartbeat”?

  Be careful, these”health products” may be harmful!

  Some criminals are driven by high profits

   take the risk and try it out

   sells toxic and harmful food in the name of health products

  Basic case

   From April to August 2019, the defendants Wu and Ru conspired to purchase”Lubian Kidney” and”Xiyu Xiong” from unqualified others”Root” and other so-called health products are sold for profit.

   After   , the defendant Wu accepts the payment, and the defendant Ru delivers the goods by express delivery, with”Lubian Shenbao” at 1,800 yuan for each 600 boxes, and 600 for every 3,000 boxes. Box;”Xiyu Xionggen” is 1800 yuan per 400 boxes, and the price of 400 boxes is free if you buy 2000 boxes, 5400 boxes of”Lubian Shenbao” and 2800 boxes of”Xiyu Xionggen” are sold to the defendant Xie Mou, the sales amount is 25200 yuan .

   From April to August 2019, the defendant Xie rented a Huayang company counter to operate in the name of the company, and sold at Huayang company and other places at increased prices or combined sales , The sales amount is 26,300 yuan (of which, the sales price or value of most”Lubian Shenbao” is calculated based on the purchase price).

   From April to August 2019, the defendant Su rented the Huayang Company counter to operate in the name of the company, or cooperated with the defendant Qiao to pass through Mazhou Pharmacy During the period of foreign business operations, knowing that others are not qualified, they still purchase so-called health products such as”Xiyu Xionggen” and”Eastern Kidney” from others, and sell them at a price increase or in conjunction with sales in Huayang Company, Mazhou Pharmacy, etc. The sales amount is 17,453 Yuan (of which, the selling price or value of most so-called health products is calculated based on the purchase price).

   From around 2018 to August 2019, the defendant Qiao rented the Huayang company counter to operate in the name of the company, or cooperated with the defendant Su through Mazhou During the period of external operation of the pharmacy, knowing that others did not have the qualifications, they still purchased the so-called health products such as”Shenbian Qianggenbao” and”Dongfang Shenbao” from others at a price of 3 yuan per box. They were sold in Huayang Company, Mazhou Pharmacy and other places. Mark-up sales or collocation sales, the sales amount is 4011 yuan (of which, the sales price or value of most so-called health products is calculated based on the purchase price).

   Referee results

   The Jiangyan District People’s Court of Taizhou City held that the defendants Wu, Ru, Xie, Su, and Qiao sold toxic and harmful products individually or jointly. For health care products with non-food raw materials (sildenafil), its behavior has constituted the crime of selling toxic and harmful food, and should be punished in accordance with the law.

   Defendants Wu, Ru, Xie, Su, Qiao illegally sold products that were not approved by the State Food and Drug Administration and contained the country’s prohibition of adding western Denafil-based health products endanger the health rights of many unspecified consumers, infringe on the legitimate rights and interests of many consumers, and harm the public interests of the society, and the public interests of the society are still in a state of being infringed. They shall bear the responsibility to eliminate the danger and pay compensation in accordance with the law. An apology and ten times the civil tort liability of punitive damages; because the defendant’s sales of the “health products” involved in the case have been recovered as illegal income, the defendant and the defendant in the incidental civil public interest litigation will no longer return the relevant “health products” Sales price.

  The defendant in an incidental civil public interest lawsuit, Huayang Company, knowing that the defendants Xie, Su, and Qiao did not have the qualifications to sell medicines and food, still agreed to the three defendants’ The unit engaged in sales activities; the defendant in the attached civil public interest litigation, Ma Zhou Pharmacy, knew that the defendants Su and Qiao had no legal and valid provenance of the”health products” sold by them, but they still came forward to help the sales, and they should bear joint and several liabilities according to law ; Mazhou Pharmacy is a branch of Yixin Company, the defendant in an attached civil public interest lawsuit, and Yixin Company and Mazhou Pharmacy shall jointly bear the liability for civil tort compensation.

   was sentenced to one year and six months’ imprisonment, suspended for two years, and fined RMB 7,000 for the crime of selling toxic and harmful food; the defendant Ren Ru has a fixed-term imprisonment of one year and six months, suspended for two years, and a fine of RMB 7,000; the defendant Xie has a fixed-term imprisonment of one year and six months, suspended for two years, and a fine of RMB 7,000; the defendant Su A certain one year and three months in prison, two years of probation, and a fine of RMB 6,000; the defendant, Qiao, a one year imprisonment, one year and six months of probation, and a fine of RMB 5,000. The defendants Wu, Ru, Xie, Su, and Qiao are prohibited from engaging in drug and food sales during the probation period.