On July 18, the Zhejiang Provincial Market Supervision Bureau announced the first batch of typical cases of special rectification actions for pension fraud, mainly involving false propaganda of health centers, sales of toxic and harmful health products, and unlicensed drug sales.
1
Lishui City Market Supervision Bureau investigates and punishes
Cao Chenghua's false propaganda case of fitness equipment operation department
On March 29, 2022, the Lishui City Market Supervision Bureau filed a case to investigate and found out that the Cao Chenghua Fitness Equipment Operation Department of Lishui City Lishui City attracted elderly consumers to its stores by giving away small gifts such as hydrogen tablets, toothpaste, soap, laundry detergent, etc. Participate in experience activities of products such as hydrogen generators.
During this period, the parties advertised their sales of "Ruilian Treasure Bottle Hydrogen Production" in their business premises and in the WeChat group composed of elderly consumers by playing promotional videos, text pictures, on-site explanations, and consumers sharing the effect of use on the spot. "Machine" has the effect of preventing and treating high blood pressure, diabetes, cancer and other diseases, misleading and deceiving elderly consumers.
It was also found out that the "Ruilian Treasure Bottle Hydrogen Generator" involved in the case complies with the GB 4706.1-2005 "Safety of Household and Similar Electrical Appliances Part 1: General Requirements", which is a general household electrical appliance product and does not have the above-mentioned effects claimed by the parties. .
The behavior of the parties violated the Anti-Unfair Competition Law and is a false propaganda act.
On June 21, 2022, the Lishui Municipal Market Supervision Bureau ordered the parties to stop their illegal acts and imposed an administrative penalty of 200,000 yuan in accordance with Article 20, paragraph 1 of the Anti-Unfair Competition Law.
2
Huzhou Deqing County Market Supervision Bureau investigated and dealt with
Chusheng Health Center False Publicity Case
On March 7, 2022, the law enforcement officers of the Deqing County Market Supervision Bureau inspected the Chusheng Health Center in Wukang Street according to the report. There were about 80 middle-aged and elderly people in the business premises sitting on the instrument called "Intelligent Thunder Fire Moxibustion". While doing moxibustion, it was found on the spot that the person involved was suspected of false propaganda, and a case was immediately filed for investigation.
It was found out that the parties introduced and promoted two products, Zangwangbao Capsules and Zangfang Qicao Antibacterial Cream, at the business premises, one was a health food and the other was an antibacterial hygiene product, both of which were not drugs.
In the process of selling the above-mentioned products, the parties will contact patients who have suffered from various diseases for different years by taking different cycles and quantities of Zangwangbao capsules through joint sales, and at the same time promote the antibacterial cream of Zangfang Qicao for various skin types. The essence of the therapeutic effect of diseases is to promote the Tibetan Wangbao Capsules and Tibetan Qicao Antibacterial Cream, which are not medicines, as products with therapeutic effects, that is, to make false or misleading commercial propaganda of the products to mislead consumers.
The behavior of the parties violated the "Anti-Unfair Competition Law" and is a false propaganda act.
On April 28, 2022, the Deqing County Market Supervision Bureau ordered the parties to stop their illegal acts and imposed an administrative penalty of 200,000 yuan in accordance with Article 20, paragraph 1, of the Anti-Unfair Competition Law.
3
Jiaxing Xiuzhou District Market Supervision Bureau investigated and dealt with
Unlicensed drug business case
On May 9, 2022, law enforcement officers of the Market Supervision and Administration Bureau of Xiuzhou District, Jiaxing City found that the refrigerator in the kitchen was marked with "Hearty" sodium hyaluronate compound solution for injection, marked with "TOXTA" in the business premises of Wenmou. 100 UNITS" "Botulax 200" and other items.
It has been found out that because the store has a beauty and health care sign, it has attracted many middle-aged and elderly women who love beauty to consult, purchase and use.
Law enforcement officers asked Wen Moumou for relevant qualification certificates, but Wen Moumou was unable to provide the business license, "Physician Qualification Certificate" and "Physician Practicing Certificate" for the business address.
It was later determined that the products of the brand TOXTA (specification 100 units) and the brand Botulax (specification 200 units) involved in the list were botulinum toxin type A products, which belonged to Article 142 of the Criminal Law. Refers to drugs that can seriously endanger human health.
The behavior of the party Wen Moumou violated the provisions of paragraph 1 of Article 51 of the "Drug Administration Law", which is an act of operating drugs without a license.
According to Article 142 of the "Criminal Law", the parties' illegal acts are suspected of constituting a crime.
According to Article 27 of the Administrative Punishment Law and Article 3 of the Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs, the Market Supervision Bureau of Xiuzhou District, Jiaxing City transferred the case to the public security department on May 9, 2022. deal with.
4
Zhoushan City Daishan County Market Supervision Bureau investigated and dealt with
Sales of Toxic and Harmful Health Products
In April 2022, the Daishan County Market Supervision Bureau, in conjunction with the public security department, made a serious effort to rectify the chaos in the industry where adult products stores sell toxic and harmful foods.
It was found that 6 adult stores in the county illegally sold toxic and harmful sexual health products, and 22 batches of sexual health products randomly inspected by the Daishan County Market Supervision Bureau contained sildenafil ingredients.
As a prescription drug, Sildenafil is illegally added to health products, which poses a great safety hazard and seriously endangers the health of the people, especially the middle-aged and elderly people with poor foundations, and even life-threatening.
The sales of toxic and harmful food by the parties violated the provisions of Article 34(1) of the Food Safety Law. (Fa Shi [2013] No. 12) Article 9, paragraph 1, stipulates that it is suspected of constituting a crime. On April 28, 2022, the Daishan County Market Supervision Bureau transferred the illegal acts of selling toxic and harmful health care products to 6 adult products stores to the public security according to law. Department handles.
5
Zhoushan Market Supervision Bureau Dinghai Branch investigated and dealt with
Qi Moxibustion Hall Health Massage Center False Publicity Case
On March 8, 2022, the law enforcement officers of Dinghai Branch of Zhoushan Market Supervision Bureau inspected the business premises of Dinghai Qi Moxibustion Hall Health Massage Center, and found that the parties placed multi-functional moxibustion devices on the spot to provide services to many elderly people, and to promote moxibustion It can prevent new coronary pneumonia, treat diseases and other effects. The behavior of the party involved is suspected of false propaganda, and the party is immediately placed on file for investigation.
It has been found that from August 2021, the parties will attract the elderly to the store to experience the use of multi-functional moxibustion instruments by applying for monthly experience cards and issuing free experience coupons, and sell multi-functional moxibustion instruments and moxa products.
In the meantime, a video was played to the elderly through a U-disk connected to a TV. The video contained "moxibustion is not only for one disease, but for all diseases caused by the problems of yin, yang, qi and blood meridians" and "if you want to prevent the new crown... moxibustion is the best" "Ginger-partitioned moxibustion is widely used in various diseases such as internal and external skin and facial features... Regulate gastrointestinal diseases, urinary system, physiological system diseases, allergic diseases, improve immunity... Regulate chronic rhinitis, headache, etc." and so on.
The parties are unable to provide proof materials for the above-mentioned publicity content.
The behavior of the parties violated the provisions of Article 8, Paragraph 1 of the Anti-Unfair Competition Law, which is a false propaganda act.
On June 17, 2022, the Dinghai Branch of Zhoushan Market Supervision Bureau ordered the parties to stop their illegal acts and imposed an administrative penalty of 150,000 yuan in accordance with the provisions of Article 20, paragraph 1, of the Anti-Unfair Competition Law.
6
Lishui City Qingtian County Market Supervision Bureau investigated and dealt with
Pycnogenol Health Products Business Department False Publicity Case
On December 16, 2021, the Qingtian County Market Supervision Bureau conducted a daily inspection of the Qingtian Biluozhi health care product business department, and found a stack of leaflets with illegal advertising content suspected of false publicity, and immediately filed a case for investigation.
It was found out that the parties involved attracting consumers into the store to attend conferences and lectures by handling membership for customers and issuing leaflets, and took the opportunity to promote the products in the store.
During the conference lecture, the parties claimed to the consumers present that Hukang Capsule has the functions of anti-oxidation, lowering uric acid, lowering blood lipids, lowering blood pressure, improving sexual function, preventing age spots, regulating intraocular pressure, relieving dry eyes, and helping wound healing. Treat various diseases.
According to the domestic health food approval certificate of Hukang Capsule, the health care function is "anti-aging and regulating blood lipids", and it does not have other functions claimed by the parties.
The behavior of the parties violated the provisions of Article 8, Paragraph 1 of the Anti-Unfair Competition Law, which is a false propaganda act.
On May 13, 2022, the Qingtian County Market Supervision Bureau ordered the parties to stop their illegal acts and imposed an administrative penalty of 300,000 yuan in accordance with Article 20, paragraph 1, of the Anti-Unfair Competition Law.
7
Lishui City Longquan City Market Supervision Bureau investigated and dealt with
False propaganda case of Zhiyang health food business department
On November 5, 2021, the Longquan City Market Supervision Bureau conducted an on-site inspection of the Longquan Zhiyang Health Food Business Department of the party based on the reported clues. The party was selling Ganoderma lucidum spore powder products to elderly tourists in the form of conference marketing, and found that the party was suspected of being false. Propaganda behavior, immediately filed a case against the parties.
It was found out that the parties began to form a marketing team in March 2021, cooperated with travel agencies and rented conference rooms to carry out "brainwashing" propaganda for the elderly tour groups coming to Longquan.
Through preaching, playing videos and PPT courseware, the parties falsely claimed to the elderly that Ganoderma lucidum and Ganoderma lucidum spore powder can lower blood sugar, lower blood lipids, lower blood pressure, help suppress tumors, enhance physical fitness, enhance renal function, resist fatigue, replenish blood, reduce uric acid, improve Sleep, and even the treatment of new coronary pneumonia, thereby inducing the elderly to buy the above-mentioned Ganoderma lucidum spore powder products.
It was also found that the Ganoderma lucidum spore powder involved in the case was a health food, and its health care function was to "enhance immunity", and it did not have other effects claimed by the parties.
The behavior of the parties violated the provisions of Article 8, Paragraph 1 of the Anti-Unfair Competition Law, which is a false propaganda act.
On April 28, 2022, the Longquan City Market Supervision Bureau ordered the parties to stop the illegal behavior and imposed an administrative penalty of 200,000 yuan in accordance with the provisions of Article 20, paragraph 1 of the Anti-Unfair Competition Law.
8
Ningbo Zhenhai District Market Supervision Bureau investigated and dealt with
Hefu Bedding Store Advertising Illegal Case
According to relevant clues, the law enforcement officers of Ningbo Zhenhai District Market Supervision Bureau conducted law enforcement inspections on the business premises of Jiulonghu Hefu Bedding Store in Zhenhai District, and found advertisements for the sale of bedding in the store, using the function of disease treatment. The wording was suspected of illegal advertising, and the parties were immediately investigated.
It was found out that the parties aimed at middle-aged and elderly consumers. Since May 2018, they have commissioned a certain unit to produce a batch of business cards printed with "significant effects on cervical spine, lumbar spine, arthritis, back pain, etc." , and staple the above business cards and the product brochures in the store together and send them to the consumers who come to the store, which will be used as advertisements for mattresses, pillows, massage sheets, mats, quilt covers, quilts and other products.
After investigation, the mattresses, pillows, massage sheets, mats, quilt covers, and quilts sold in the parties' stores are not medical devices, but ordinary products. "Significant effect" is a term referring to the function of treating a disease.
The behavior of the parties violated the provisions of Article 17 of the "Advertising Law", which belongs to the illegal behavior of ordinary product advertisements involving disease treatment functions.
On June 8, 2022, the Zhenhai District Market Supervision Bureau ordered the parties to stop publishing advertisements involving disease treatment functions in accordance with Article 58, paragraph 1, item 2 of the Advertising Law, and imposed an administrative penalty of 50,000 yuan. .
Produced by the New Media Editorial Department of China Consumer News
Source/China Consumer News China Consumer Network
Reporter/Zheng Tiefeng