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    Inventory is more unreliable than Quan Jian's "health" chaos!

    2019-01-31 14:09:05

    China Consumer News

    On January 30th, the General Administration of Market Supervision convened a joint media rectification campaign for the “health” market chaos, and introduced the situation since the launch of the “100-day operation”. The country accepted more than 1,100 complaints from consumers, conducted more than 1,300 administrative guidance and administrative interviews, cleared more than 300 false network information, rectified and closed more than 130 websites, APPs, and public accounts, and filed more than 300 cases.

    The meeting also announced 14 typical cases involving the use of conference sales and other modes for false propaganda, false advertising, violation of health food related management regulations, the implementation of various types of violations in the name of "health", false propaganda of direct selling enterprise dealers And a number of illegal acts such as pyramid schemes.


    Increase the investigation and punishment of false publicity behaviors such as using conference sales and other modes

    1. Zhangjiagang City, Jiangsu Province investigated and handled the false propaganda case of Jinkang Town’s Lingkang Food Firm

    Basic case

    The Zhangjiagang Free Trade Zone Market Supervision Bureau conducted on-site inspections of the business premises of the Lenkang Food Firm in Jingang Town, Zhangjiagang City. At the party, a large number of elderly people were found to gather, and the lines, scripts and schemes used for promotion were found in the computers of the parties. . After investigation, the parties publicized the products of Guyuanfang Capsule, Wushe Miaocao Liquor, Intervention Factor Capsule, Blood Stasis Peptide Tablets and other products through the holding of health talks, etc. These products are not classified as drugs, but the parties have The recorded video (falsely referred to as live broadcast) and oral presentations have fictitious effects on the above products, which induce consumers to believe that the use of the above products can cure the disease, and the parties sell the above products at a price far higher than the purchase price. To the case, the Guyuanfang capsules that can be identified have a profit of 5,000 yuan, five snakes and grass wines of 30,000 yuan, an intervention factor of 10,000 yuan, and a blood stasis peptide of 150 yuan.

    Legal basis and punishment

    In respect of the acts of false propaganda by the parties, in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal acts and impose a fine of 270,000 yuan. For the parties to operate unlabeled food, in accordance with the provisions of Item (2) of Article 125 of the Food Safety Law, the parties are ordered to stop the illegal act and impose a fine of 30,000 yuan.

    2. Ningbo City investigated and dealt with the false propaganda case of Jiangbei Cuibai Branch of Ningbo Elman Medical Technology Co., Ltd.

    The parties use the "free experiential propaganda" approach to falsely publicize medical devices to treat chronic diseases such as high blood pressure, in order to achieve high-priced products for profit. The parties marketing through the above-mentioned experience promotion, selling the low-frequency high-potential therapeutic apparatus to the elderly at a price of 23,300 yuan/set. By the time of the seizure, there were 59,400 person-times registered and participating in the publicity experience, and 14 registered buyers, involving an amount of 326,200 yuan.

    In respect of the false propaganda of the parties, in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal acts and impose a fine of 300,000 yuan.

    3, Qingdao City investigated and dealt with direct sales enterprises dealers use the sales model false propaganda case

    In the meeting sales promotion activities of the team dealers and customers in the form of sharing sessions, the propaganda underwear can correct the spine, can effectively treat high blood pressure, high blood fat, high blood sugar ("three high"), can treat female gynecological diseases, and It is a plastic body type and cites the comparison of the effects before and after the patient's corrective treatment; it claims that the air purifier can release 20 million negative oxygen ions per cubic centimeter in a space of 40 square meters, which can remove smog, formaldehyde and xylene in the air. And other harmful substances; propaganda magnetization water purifier magnetization, oxygen content increased by 9 times, reaching the national six standards, and declared that "high blood pressure", "diabetes", "cancer" are acidic, acidic body is the source of all diseases, cancer A hotbed of cells, as long as you drink small molecules of magnetized water every day, the body will change from acidic to alkaline. The above publicity lacks medical certificates, digital evidence and relevant evidence.

    The direct selling enterprise dealers use the form of meeting to sell false propaganda unfair competition behaviors in direct selling products, violating the provisions of Article 8 of the Anti-Unfair Competition Law. According to the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal acts and impose a fine of 200,000 yuan.

    4, Chongqing City investigated Xu Jiafei false propaganda case

    The parties signed a "Supply and Sell Contract" with Chongqing Hongrui Yijia Health Service Co., Ltd. to determine the cooperative relationship, and began to engage in business activities at the end of March 2018, and sold the company's unified National Peptide Collagen Peptide Solid Drink. In the process of selling the goods, the parties declared that the product can enhance immunity through on-the-spot presentations, PPT presentations, etc., and for cardiovascular and cerebrovascular diseases, hypertension, diabetes, hyperlipidemia, stroke hemiplegia, bone diseases, rheumatism, Rheumatoid, gastrointestinal tract, hemiplegia, cerebral infarction and other diseases have therapeutic and conditioning effects, exaggerating the function and function of collagen peptide solid beverage products, deceiving and misleading consumers. On the day of the seizure, the parties sold a total of 64 boxes of National Peptide Collagen Peptide Solid Beverage through the above-mentioned sales method, realizing a sales income of 40,960 yuan.

    The party sells the National Peptide Collagen Peptide Solid Drink through the sales method, and makes false or misleading commercial propaganda on its performance and function. Its behavior violates the provisions of Article 8 of the Anti-Unfair Competition Law. According to the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal acts and impose a fine of 300,000 yuan.

    5, Haimen County, Jiangsu Province, investigated the false propaganda case of Yakang Medical Devices Co., Ltd.

    In the name of the above courses and experience products, the parties aggregated middle-aged and elderly consumers in their business premises to publicize and sell the Yijiantang potential therapy device through oral presentation, singing and PPT, claiming that the product can purify blood and treat High blood lipids, high blood viscosity, high uric acid, diabetes, cervical spondylosis, frozen shoulder, low back pain, bone spur, bone hyperplasia, rheumatism, rheumatoid arthritis, varicose veins, stroke sequelae, cardiovascular and cerebrovascular diseases, prevention of nighttime A heart attack, cerebral infarction and other diseases occur.

    In commercial propaganda, the parties made exaggerated propaganda beyond the scope of application of the functions of the medical devices sold, made false treatments for the sale of foods, deceived and misled consumers, and violated the Eighth Anti-Unfair Competition Law. Article 1 of the provisions. According to the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to stop the illegal acts and impose a fine of 200,000 yuan.


    Strengthen the enforcement of advertising supervision in key areas

    6. Xinkang Beauty Museum, Renhe District, Panzhihua City, Sichuan Province, publishes advertisements related to disease treatment functions, use of medical terms, and false propaganda cases that mislead products and services.

    The parties are engaged in business activities such as beauty, fire treatment, and sales of the company's products. Party business venue billboard propaganda "quanjian Chinese medicine secret recipe conditioning rhinitis lumbar disc cervical spondylosis hypertensive cerebral infarction rheumatism prostate uterus fibroids cervical erosion breast hyperplasia insomnia" and other content, LED display scroll release "Materia Medica Tang TCM secret recipe professional Conditioning ... prostate, dysmenorrhea, palace cold, infertility and other symptoms have an immediate effect ..." and other content. For customers who enter the store for consultation or fire treatment, the parties express or suggest that their "fire therapy" and "bone-based" insoles can treat dozens of diseases such as rhinitis, hypertension, and bone hyperplasia, and "have immediate results." ".

    Case characteristics

    This case is being further processed.The case was filed before the “Qianjian” incident. In response to the “Qianjian” incident, law enforcement officers conducted investigations on false propaganda and conducted investigations on whether they were suspected of pyramid schemes.

    7. Xiamen City investigates and sells false advertising campaigns for health food stores

    When the law enforcement officers went to the scene for inspection, the sales staff of the business site was promoting the products to more than 20 senior citizens in the conference room. The product promoted was Meiyiyuan Organic Whole Milk Goat Milk Powder. The office has a store advertisement for the “National Longevity Engineering Xiamen Workstation”. Law enforcement officers checked the laptops on the spot and found that the goat milk expert reviews and the Meiyiyuan video courseware stored in the laptop contained the contents of the doctor’s name to promote the prevention and treatment of the disease by the goat milk powder.

    After investigation, the Meiyiyuan organic whole-fat goat milk powder sold by the parties belongs to ordinary foods. It is organized by organizing consumers to participate in lectures and introducing products. The video courseware used in the video uses the name and image of the doctor to promote goat milk to enteritis. Gastric inflammation, gastric ulcer, cancer, cancer, heart disease and other diseases have therapeutic effects. The parties were unable to provide evidence that the goat milk powder had the above therapeutic effects. The signboards of the “National Longevity Engineering Xiamen Workstation” and the “National Longevity Engineering Xiamen Selenium Workstation” were hoisted at the business site and no authorization was obtained.

    The party has not obtained the power of attorney, and hangs the signboard of “National Longevity Engineering Xiamen Workstation” and “National Longevity Engineering Xiamen Selenium Workstation” in the business premises. Its behavior violates the provisions of Article 4 of the Advertising Law of the People’s Republic of China and constitutes an advertisement. Containing false and misleading content, there are illegal acts that deceive and mislead consumers.

    The party promoted the effect of goat milk powder on the disease prevention and treatment by broadcasting videos in the business premises. The behavior violated the first paragraph of Article 73 of the Food Safety Law and the Provisional Regulations on Food Advertisements. Articles and Article 17 of the Advertising Law have constituted illegal activities in which food advertisements contain functions related to disease prevention and treatment.

    The use of the doctor's name and image in food advertisements violates the provisions of Article 9 of the Interim Provisions on Food Advertisements and constitutes an illegal act of using the doctor's name and image in food advertisements.

    The market supervision department has ordered the parties to stop publishing illegal activities such as advertisements, eliminate the influence within the corresponding scope, and impose administrative penalties for fines.


    Strengthen and improve the management of health food market

    8. The Shanghai Municipality investigated and handled the food case that did not conform to the registered product formula and organized the production of health food, the label of the production and operation was inconsistent with the actual, and the date of false production was marked.

    The Shanghai Songjiang District Market Supervision Bureau investigated and dealt with the case that Shanghai Grape King Enterprise Co., Ltd. did not organize the production of health food products according to the registered product formula, the production and operation labels were inconsistent with the actual conditions, and the false production date was marked. According to the relevant provisions of the "Food Safety Law", the illegal product grape ace Ganoderma lucidum mycelium capsule (marked date of production 20160724, size 46.2g / bottle) 28191 bottles were confiscated. The illegal income was confiscated by RMB 220,000 and the fine was RMB 11 million.

    This case involves multiple illegal acts of the parties, and the illegal acts are concealed. The parties used the entrusted export processing and then transferred to the domestic market to circumvent the supervision in the production process, making it difficult to find in daily supervision. The discovery and investigation of this case benefited from the implementation of the whistle-blower system.

    9. Chengdu investigated and sold the food case of Jupeng Trading Co., Ltd. which does not meet the national food safety standards.

    The party Chengdu Jupeng Trading Co., Ltd. operates a “Shen Ying Bao” series of products: Xie Er Shu lactose-free nutritional formula powder, Abalone Bao lactose-free nutritional formula powder, Minkang deep hydrolyzed whey protein formula powder, Min Anbao moderate hydrolysis Whey protein formula powder and ammonia amino acid nutritional formula powder. After investigation, the above five “A Ying Bao” series products have not been in compliance with the food safety standard GB14880.

    The behavior of the parties violates Article 34, paragraph 1 (4) of the Food Safety Law: “Prohibition of production and operation of the following foods, food additives, food-related products: (4) Excessive use of food additives The provisions of food. According to the provisions of Article 124 of the Food Safety Law, the parties are ordered to stop operating the products involved and to warn them, confiscate the illegally operated products and impose an administrative penalty of 200,000 yuan.

    10. Investigation and production of fake drugs in Luyi County, Henan Province

    The Luyi County Public Security Bureau Food and Drug Brigade of Henan Province jointly conducted a joint inspection of the clinics, pharmacies and health products stores in the county. A total of 120 police officers were dispatched and 26 police cars were dispatched. There are more than 480 clinics and pharmacies in Taikang, Yucheng, Yucheng and Yucheng, and 9 criminal detentions.

    For illegal and criminal acts that endanger the health and safety of the people's lives, the regulatory authorities jointly enforced the law and formed a joint force. The food and drug supervision department inspected the seized items involved and has been identified as counterfeit drugs. As the case was suspected of criminal offences, it has been transferred to the public security department for investigation.


    Strictly investigate and deal with various violations of laws and regulations in the name of "health care"

    11. Yibin City, Sichuan Province investigates and sells the “health” merchandise promotion case under the name of the Sichuan TV news channel.

    Basic case

    The party engaged in the promotion of "health care" products under the name of "Sichuan TV Station News Channel First Cordyceps, Bird's Nest Health Culture Festival". The posters of the exhibition hall are printed with the “Sichuan TV News Channel's First Cordyceps Festival Bird's Nest Health Culture Festival”. “The higher the content of ingredients, the better the results of the seven-seven-seven-seven-seven-seven”, “the third blood circulation, the cure for all blood diseases” and other advertising contents. . The parties cannot provide the legal basis for the above-mentioned propaganda content, nor can they provide relevant licenses for the operation of the drugs on the exhibition site, suspected of false propaganda and unlicensed operation. Law enforcement officers on the scene seized more than 300,000 yuan worth of medicinal materials and "health" products, and promoted the common sense of health and health care for the elderly consumers on the spot. Currently, the case is under further investigation and processing.

    The parties used the banner of the market TV channel to conduct sales of health products, which seriously damaged the image and credibility of the state enterprises and institutions. The market supervision department dared to brighten the sword, strengthen the health market rectification, and timely avoid the elderly being deceived and promoted through common sense. Old-age consumers prevent awareness.


    Strictly investigate the false propaganda and pyramid schemes of direct-sales dealers

    12. Investigation of the false propaganda case of Quanjian Natural Medicine Rehabilitation Center in Shaya County, Shaya County, Xinjiang

    Upon investigation, the parties belonged to the franchise store of Quanjian Company, mainly engaged in health food, sanitary cleaning products, cosmetics sales and beauty and health services. The law enforcement officers of the market supervision department of Shaya County found that the parties in the two Uighur and three Chinese-language rights health product brochures, the printing of the right health company health food has "anti-cancer anti-cancer + gas consumption + gas Blood double supplements the 'tumor' in the body to metabolize the garbage" and has "cardiac disease prevention and treatment, anti-cancer effect, anti-cancer effect within 72 hours, detoxification 3 kg to 25 kg, detoxification special products...... "Healthy foods can treat false publicity such as diseases.

    In the course of business operations, the parties publicize that their goods have the function of “the function of treating and preventing diseases”, which is a false propaganda act. According to the provisions of Article 20 of the Anti-Unfair Competition Law, the parties are ordered to immediately stop the illegal acts and punish them with 20,000. Yuan fine.

    13. Tianjin Wuqing District investigates and deals with network pyramid selling food cases

    The Wuqing District Market Supervision Bureau will fight with the Public Security Wuqing Branch and the Auto Parts Industrial Park for 17 hours overnight. The Leshi Tongren (Tianjin) Commercial Operation Management Co., Ltd., located in the Haida Jiale Building of the Business District, is suspected of selling through online marketing. The “health products” illegal activities were investigated and dealt with. At the time of the incident, the parties were holding a MLM meeting of about 100 people, and on the Internet, the food "health products" pyramid scheme was carried out by pulling the line down. Law enforcement agencies sealed up the suspected places and 20,129 boxes of food health products according to law, and took criminal enforcement measures against Liu Gesheng, the legal representative of the company.

    The market supervision, public security and other departments have carried out law enforcement linkages and strengthened coordination. In the name of selling goods through meetings and other forms, it has effectively cracked down on illegal crimes of pyramid schemes. In view of the fact that the case was suspected of crime, it has been transferred to the public security department for handling.

    14, Hebei Bengbu City investigated and dealt with the Fu Xiu Kang Health Experience Club was suspected of false propaganda, organizational planning and pyramid scheme

    The Fu Xiu Kang Health Experience Club (Hebei Fu Xiukang E-Commerce Co., Ltd.) promoted the company's profit prospects and product efficacy in the Yongnian District, Xingtai City, Nanhe County and other places by means of pulling people's heads, organizing investment associations, etc., claiming that the underwear products they sell "contains More than 20 kinds of marine functional factors and more than 50 kinds of plant functional factors, which effectively promote the body's metabolism and anti-aging function, etc., exaggerate the content of the promotion, induce and develop personnel to buy underwear sold by the parties, consumers will buy the underwear after the above The member management system of WeChat public number link (website: www.zgsmwlw.cn, network administrator: Zhao Xianchao) is registered as a member, and the subordinate relationship is formed according to the order of mutual recommendation, and each member is directly or indirectly rolled. The performance of the subordinates is calculated and paid as a basis.

    According to the current "Customer Information Registration Form", as of October 31, 2018, the party has developed 1,814 people and 1,804 people with complete information, including 1,561 people in Hebei and 515 people in Hebei (including Yongnian 312). People), 739 people in Xingtai (including 359 people in the south); more than 2,000 people have statistical information on their online registered member system. As of December 22, 2018, the parties through the Division of the public account to the total membership bonus of 12435068.5 yuan.

    The organization of the parties to plan the pyramid scheme has disrupted the normal market economic order. Since the number of participants in the case reached more than 2,000, the members involved 16 provinces and cities nationwide, and the level was more than 3 layers. They were suspected of committing crimes and the case was transferred to the public security organs for handling.

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