On December 31, 2020, the Liaoyuan City People’s Procuratorate filed a civil public interest lawsuit involving 5 people including the defendant Wang Moumou for the production and sale of toxic and harmful food, which was supported by the first instance judgment of the Liaoyuan City Intermediate People’s Court.
In recent years, a series of criminal cases concerning the production and sale of toxic and harmful food (ie fake health products) frequently occurred in Liaoyuan City, which aroused the heights of the higher-level leading agencies. Concerned, the general public’s confidence in the safety of health care products has been shaken, and the people’s health and well-being cannot be guaranteed. In order to curb the spread of such crimes, the People’s Procuratorate of Liaoyuan City will prosecute the criminals’ civil liabilities in accordance with the law. From August 2020, it has formulated and issued the “Regarding the Development of Civil and Criminal Civil Public Interest Litigations in the Field of Food and Drug Safety” to investigate the production and sale of counterfeit drugs,”Special Prosecution and Supervision Activities Plan for Criminal Liability for Inferior Drugs, Food That Does Not Meet Safety Standards, and Poisonous and Harmful Food Crimes” has carried out a one-year key crackdown and management work, and achieved”benefiting one party” through”handling one case, managing one piece” The goal is to finally form a normal working mechanism to ensure the safety of the people in Liaoyuan.
The law stipulates that the people’s procuratorate can file a lawsuit in the people’s court for acts that infringe on the legitimate rights and interests of many consumers in the field of food and drug safety. Food and drug safety is a project of people’s livelihood and popular support. Procuratorial organs based on their functions, give full play to their legal supervision responsibilities, and defend the state and social public interests are the sacred mission of the party and the state. It is the fundamental requirement for advancing the process of social rule of law and promoting food safety and people’s livelihood. Through the handling of public interest litigation cases, offenders should not only bear corresponding criminal liabilities, but also corresponding civil liabilities.
In this case, Wang Moumou and other five people produced and sold foods mixed with toxic and harmful non-food raw materials, the main ingredient of which was sibutramine. Eating will cause certain damage to human health, and produce adverse reactions to the cardiovascular system, central nervous system, endocrine system, digestive system, etc. In response to this case that harms public interests, the Jilin Provincial People’s Procuratorate approved the case and the Municipal Procuratorate filed a lawsuit. Civil public interest litigation. Existing evidence fully proves that the three levels of sales of toxic and harmful food by the defendant Wang Moumou and others have caused infringements on the public interest. Combining the sales method of the five people in this case, the particularity of selling the health food”Star Coffee”, the victim The people’s court made an apology to the state-level media in accordance with the law on the basis of full consideration during the collegial discussion and sentenced each to bear 10 times the punitive damages of the sales price.
This case is the first three-level civil public interest litigation for the production and sale of toxic and harmful food in Jilin Province.