“Herbal tea plus Western medicine”, the boss was sentenced!
By: Date: 2021-01-06 Categories: chinesefood Tags: ,
  Recently, Jiangmen Jianghai District People’s CourtThe trial of”herbal tea plus western medicine” series of cases< /span>All trials have been concluded. Lin Mou, the operator of”Abing Herbal Tea Shop”, Liu Mouyao, the operator of”Afeng Herbal Tea Shop”, and Chen Mouhong, the operator of Wenchang Pharmacy in Yaocaotang, Jianghai District, are responsible for producing and selling toxic and harmful food. The crime was sentenced to ten months to one year in prison by this court.

   Pursuit of curative effect profit, herbal tea with western medicine

   In March 2020, the defendant Chen Mouhong used a pulverizer to grind the purchased traditional Chinese medicine ephedra to attract customers while operating the Wenchang Pharmacy in Yaocaotang, Jianghai District. It is formulated into cold powder and cough powder in powder form, and then added to cold cough tea and phlegm and cough tea for external sales. On July 6, the Jianghai District Market Supervision and Administration Bureau of Jiangmen City went to Yao Caotang Wenchang Pharmacy to conduct random inspections, and found that the cold tea and cough tea sold in the herbal tea shop had detected serious excess of ephedrine hydrochloride. On the 31st of the same month, the bureau and the Jianghai Branch of the Jiangmen Public Security Bureau conducted another random inspection of the pharmacy. A batch of cold powder and cough powder and a package of ephedra traditional Chinese medicine pieces that had been opened were seized on the spot. On the same day, the police summoned the defendant Chen Mouhong to the Wenchangsha police station for investigation.

   In July 2020, when Lin was operating a self-employed industrial and commercial household in Abing herbal tea shop in Jianghai District (the shop sign is”Afeng herbal tea”), in order to attract customers, Use a blender to grind acetaminophen tablets, Kebiqing and other western tablets into powder, and add them to their cough tea and anti-inflammatory tea, and sell them at RMB 7 and RMB 8 per cup. On September 5, the defendant Lin took the initiative to surrender to the Jianghai District People’s Procuratorate, truthfully confessing the above-mentioned criminal facts, and was later summoned by the police to the Mayuan Police Station for investigation.

   In July 2020, the defendant Liu Mouyao was operating a self-employed merchant in Jianghai District Ahfeng Herbal Tea Shop (the shop’s signboard is “Afeng Herbal Shop”). Attract customers, grind the purchased western medicine acetaminophen tablets into powder, and add them to the cough tea and anti-inflammatory tea produced, and sell them at RMB 7 and RMB 8 per cup. On the 31st of the same month, the Mayuan Police Station of Jiangmen City Public Security Bureau and Jianghai District Market Supervision and Administration Bureau of Jiangmen City went to the Ahfeng Herbal Tea Shop for inspection, and found that the herbal tea shop sold a variety of herbal teas that failed the test. Subsequently, the Mayuan Police Station seized a batch of Western medicines such as unknown powder, heat-clearing powder, and acetaminophen tablets stored in the store, and summoned the defendant Liu Mouyao to the station for investigation.

   It has been identified that the herbal tea produced by Lin Mou contains acetaminophen and pentovirine citrate. The herbal tea produced by Liu Mouyao contains western medicine ingredients of acetaminophen. The defendant Chen Mouhong’s herbal tea contained ephedrine hydrochloride as a western medicine ingredient. The People’s Procuratorate of Jianghai District filed public prosecutions and incidental civil public interest litigation with this court, and this court opened the case according to law to accept and conduct joint trials.

   From July 6, 2020 to the day of the crime, defendant Chen Mouhong made illegal profits from selling herbal tea with ephedra added for a total of RMB 570; defendant Lin Mou Through the sale of cough tea and anti-inflammatory tea added with acetaminophen tablets and other western medicines, a total of 478 yuan was illegally profited; the defendant Liu Mouyao illegally made a total of 1673 from the sale of cough tea and anti-inflammatory tea with acetaminophen tablets. yuan.

   pursue criminal responsibility

   punitive damages at ten times the price

   Jianghai District People’s Procuratorate filed a criminal incidental civil public interest lawsuit, claiming that Chen Mouhong, Lin Mou, and Liu Mouyao produced and sold toxic and harmful food, which violated consumers The legitimate rights and interests of consumers endanger the personal safety of consumers and harm the public interests of society. The three people made illegal profits of 570 yuan, 478 yuan and 1673 yuan respectively. According to the provisions of the Food Safety Law of the People’s Republic of China, the Jianghai District People’s Court imposes punitive damages of ten times the price of Chen Mohong, Lin Mo, and Liu Moyao respectively. Bear the compensation of 5700 yuan, 4780 yuan and 16,730 yuan, and publicly apologize in newspapers distributed nationwide.

   Jianghai District People’s Court found after trial

   Chen Mouhong, Lin Mou and Liu Mouyao ignored national laws, violated national food safety management regulations, and mixed non-foods such as western medicine in the herbal tea produced and sold The raw materials violate the provisions of Article 38 of the Food Safety Law of the People’s Republic of China that “drugs shall not be added to the food produced and sold, but substances that are traditionally both food and Chinese medicinal materials may be added.” The behavior has constituted Crime of producing and selling poisonous and harmful food.

  About the payment of compensation

  Jianghai District People’s Court found after trial

   Chen Mouhong, Lin Mou, Liu Mouyao added western medicine ingredients to the herbal tea sold and sold it to unspecified consumers, which violated the “Food of the People’s Republic of China The provisions of the Security Law. The People’s Procuratorate of Jianghai District, as a public interest litigation, demanded Chen Mohong, Lin Mo, and Liu Moyao to pay ten times the price of compensation, which complies with the law and supports it.

  About public apology

  Jianghai District People’s Court found after trial

   The sales behaviors of Chen Mohong, Lin Mo, and Liu Moyao violated the legitimate rights and interests of many consumers. Liu Mouyao publicly apologized to the law in newspapers distributed nationwide, and supported it.

   In summary, the Jianghai District People’s Court sentenced defendant Chen Mouhong to the crime of producing and selling toxic and harmful food and sentenced him to one year’s imprisonment and two years of probation. , And fined RMB 2,000; sentenced the defendant Lin to the crime of producing and selling poisonous and harmful food for the same crime, sentenced to ten months in prison, suspended for one year, and fined RMB 2,000; the defendant was sentenced to the same crime Liu Mouyao was sentenced to one year’s imprisonment, suspended for one year and two months, and fined 4,000 yuan. At the same time, the three defendants were sentenced to criminal incidental civil judgments. The three defendants were required to apologize in newspapers distributed nationwide, and ordered Chen Mouhong to pay compensation of 5,700 yuan; Lin was ordered to pay compensation of 4,780 yuan; and Liu was ordered to pay compensation. Yao paid 4780 yuan in compensation.

After the judgment of the    case, the three defendants in this series of cases all accepted the judgment and the judgment is now in effect.

   From now on, the Jianghai District People’s Court will continue to uphold justice for the people, care for the people’s livelihood, resolve people’s worries, protect civil rights, and actively practice the purpose of serving the people loyally. Strive to make the people feel fair and just in every judicial case.