Disinfection products are used as medicines to promote the curative effect
Reporters investigate the chaos in the production and sales of "Xiao" brand products
● Compared with the strict approval process of "Guoyao Zhunzi", the products of "Xiao" brand have no medical effect and can be listed on the market after being approved by the local health department.
Because of this, in order to obtain higher profits, some producers of "Xiao" brand products advertise and sell such products as medicines, and even quietly add hormone ingredients to some skin creams, eye drops, skin care products for infants and young children, etc.
● The act of claiming that the "Xiao" brand name product with no medical effect has curative effect is a false propaganda act, and it also violates the provisions of the Advertising Law that "except for medical, pharmaceutical, and medical device advertisements, any other advertisements that involve disease treatment functions" are prohibited. stipulations, and at the same time violated multiple provisions in the "Disinfection Management Measures" and the Drug Administration Law
● "Xiao" brand products are full of chaos, and it is urgent to step up rectification efforts. Experts suggest establishing a special supervision joint mechanism to improve the level and efficiency of smart supervision.
Consumers should also keep their eyes open when purchasing products. If they judge that the "Xiao" brand name and "Yao" brand name are not allowed, they should consult a doctor or pharmacist in time.
□ Our reporter Zhang Shoukun
Recently, Wang Jun, a resident of Suzhou, Anhui, bought a box of medicine that claimed to have "miraculous effects on treating beriberi" through an online shopping platform. After receiving the goods, he found that "Health License No. ×××" was printed on the package instead of "Guoyao Zhunzi" ×××".
After many consultations, Wang Jun found that he had been cheated, because "products marked with the word 'Drug Accuracy' are medicines and have therapeutic functions, while products with the name 'Xiao' with a hygiene license number are disinfection products."
According to the "Disinfection Management Measures" and other regulations, the "Xiao" brand name is a sanitary batch number approved by the local health department, and belongs to the category of sanitary disinfection products. The "Xiao" brand name only has a disinfection function and does not have a therapeutic effect. Manufacturers and operating companies should not Make any curative publicity for the products of the "Xiao" brand name.
Wang Jun's experience is not an isolated case.
A reporter from the "Rule of Law Daily" found that compared with the strict approval process of the "National Pharmaceutical Approval Brand", the products of the "Xiao" brand name do not have medical effects, and can be listed on the market after approval by the local health department.
Because of this, in order to obtain higher profits, some manufacturers of "Xiao" brand products advertise and sell such products as medicines, and even quietly add hormone ingredients to some skin creams, eye drops, and infant skin care products.
Several interviewed experts pointed out that some patients may find that the effect is better when they first use the "Xiao" brand products with hormone ingredients, but they are prone to "backlash" after using it for a period of time, such as hormone-dependent dermatitis.
If infants and young children use such products as skin care products for a long time, it is likely to cause side effects such as the increase of drug-resistant strains and salt water metabolism, and even seriously affect physical development and endanger life and health.
Experts believe that the "Xiao" brand name products are full of chaos, and it is urgent to intensify rectification efforts. It is recommended to establish a special supervision joint mechanism to improve the level and efficiency of smart supervision.
Consumers should also keep their eyes open when purchasing products. If they judge that the "Xiao" brand name and "Yao" brand name are not allowed, they should consult a doctor or pharmacist in time.
Disinfectant products tout efficacy
There is a big security risk
"Long-term use can eliminate excess bad bacteria, balance the flora of private parts, prevent private parts infection, reduce inflammation and complications, and maintain normal pH and weak acid value." A product called "××× Healing Bacteria Freeze-dried Active Factor Antibacterial for Women Powder” reads on the product introduction page.
The reporter noticed that online shopping platforms and some public accounts that promote the product are claiming that the product can prevent and treat a variety of gynecological diseases, calling it "the nemesis of gynecological inflammation" and "the vaccine for gynecological diseases".
What is the real situation of such a product that seems to be able to bring good news to women?
The reporter inquired on the national online filing information service platform for disinfection products and found that the product approval number was a product of the "Xiao" brand, not a product or drug of the "Machine" brand.
The product manual shows that the category of inhibiting microorganisms is "inhibitory effect on Escherichia coli, Staphylococcus aureus and Candida albicans", and the scope of application is "used for antibacterial cleaning of female vagina and vulva".
As for the actual scope of use of this product, the national online filing information service platform for disinfection products only has 6 words: vaginal mucosa antibacterial.
The reporter's investigation found that there are not a few products like this with the brand name of "Xiao" but trumpeting their curative effect.
For example, "××× antibacterial gel for women" officially claims that it has a good effect on the prevention and treatment of common gynecological diseases such as vaginitis, cervicitis, and adnexitis; "××× silver ion antibacterial gel for women" officially The live broadcast claims that it has the function of treating leucorrhea increase, discoloration, and various gynecological inflammations.
However, the reporter looked through the outer packaging of these products and found that the approval number was clearly marked with "Weixiao Certificate".
In other words, they are only antiseptic products, not medicines with medical effects.
On the social platform, the reporter also saw some internet celebrity eczema creams that are "special for babies" and "herbal formula", claiming that they can improve desquamation, relieve red itching, local redness, etc., can effectively treat eczema, and "do not contain hormone".
Some infant skin care creams also advertise that they can "relieve itching, rebuild the barrier", and can effectively treat infant eczema, saliva rash, flooded neck and other skin problems, and generally recover within 1 to 3 days.
The approval numbers of these products are also "Wei Xiao Zheng Zi".
Wang Yue, a professor of health law at the School of Medical Humanities at Peking University, said that the act of claiming that the products of the "Xiao" brand that have no medical effects have curative effects is a false propaganda act, and it also violates the "except for medical, pharmaceutical, and medical device advertisements" in the Advertising Law. Prohibit any other advertisements involving the function of disease treatment", and at the same time violated multiple provisions in the "Disinfection Management Measures" and the Drug Administration Law.
"It is worth noting that glucocorticoids are often added to skin plasters to treat dermatitis caused by allergies, but they have certain side effects, so they must be used according to the doctor's advice. The 'Xiao' brand eczema ointment advertised that it does not contain hormones. It is to deliberately let consumers confuse its products with skin-type topical ointments, and also highlight its relative advantage of 'no hormone side effects'." Wang Yue said, for such phenomena, if the "Xiao" brand eczema ointment follows the " According to the List of Disinfectant Raw Materials and Prohibited and Restricted Substances, the ingredients do not contain hormones, and they do not advertise their therapeutic effect in terms of function, so their behavior of promoting the absence of hormones does not constitute false propaganda in the advertising law.
However, because the promotional terms that do not contain hormones can easily confuse it with drugs, this behavior still violates the provisions of the Advertising Law, that is, "non-drug advertisements must not use medical terms or terms that are likely to confuse the promoted products with drugs."
He further explained that if the "Xiao" eczema ointment contains hormones, its behavior first violates the national standard of "Disinfectant Raw Materials List and Prohibited and Restricted Substances", which is a defective product.
According to the Product Quality Law, the production and sales of the "Xiao" eczema ointment should be stopped immediately, recalled and confiscated immediately.
Correspondingly, its publicity behavior is a false publicity of the Advertising Law and at the same time violates the provisions of the Advertising Law.
"According to relevant empirical research, some 'Xiao' brand products tend to add hormone ingredients, the most common ones are glucocorticoids, and some 'Xiao' brand products also include dexamethasone, dexamethasone acetate, clobes Prohibited ingredients such as tasol propionate and prednisone acetate.” Wang Yue said, while hormonal chemical drugs have clear indications, clinical needs to be combined with the patient’s condition, strictly in accordance with the usage and dosage stated in the instructions, and clinical pharmacy needs to be strengthened. Intervention, rational drug use, and illegal addition of hormone components to "Xiao" brand products without doctor's advice will bring serious health hazards to consumers and pose a greater safety risk.
Behind the proliferation of disinfection products
Foundry company illegal operation
The reporter's investigation found that behind the proliferation of "Xiao" brand products, some OEM companies are operating in violation of regulations.
"A 20-year-old factory, OEM OEM brand name, mechanical name, makeup name", "free proofing, free design, free research and development, and three certificates"... On the promotional website of a certain company, the reporter found that the OEM of "Xiao" brand products is its main business.
Gynecological gels, lotions, foams, skin sprays, gels, smears, antibacterial skin care essences, ointments and other "Xiao" brand products can be processed on behalf of others.
According to the relevant staff, the OEM processing of "Xiao" brand products generally starts at 10,000 copies. If it is packed in a 30-gram tube and in a white cardboard box, the all-inclusive price per box is about 2.8 yuan; if it is a cream bottle, You need to add at least 0.4 yuan per box.
In addition, the supervision of "Xiao" brand products is relatively loose, and the specific ingredients are generally written in herbal formulas, but the actual added ingredients may not be listed in full, as long as the effective antibacterial ingredients are listed to ensure that the antibacterial rate meets the regulations. If it reaches more than 50%, other The recipe does not need to be listed clearly.
"Originally, a lot of 'Xiao' brands that were processed on behalf of others have now become 'Mechanical' brands and 'Makeup' brands. For example, the skin ointment OEM can only be called antibacterial creams, not eczema creams. It sounds much less effective. And recently Products with the name 'Xiao' are strictly checked and are not recommended to be used, and the name 'Mechanical' is much more convenient to operate." The staff member said.
He also introduced that their batch numbers can be used directly, with low cost and complete procedures, and the products can be put on the market quickly. The operation is simple, and there are professional guidance on the packaging instructions, which can help customers avoid troubles caused by exaggerated publicity.
For this kind of OEM phenomenon, Wang Yue analyzed that moisturizers belong to the "makeup" brand name of cosmetics, and drugs belong to the "medicine" brand name. Products are relatively loose in terms of management and supervision.
Operators of "Xiao" brand products do not need to obtain a business license, and the testing indicators are mainly sanitation and disinfection functions. There is no need to establish a drug and cosmetics inspection system, and there is no need to check the operator's operating conditions and product quality and safety.
"Chemical drugs were added in violation of regulations in the production of the 'Xiao' brand products. The products of the 'Xiao' brand name did not meet the national standards determined in the GB38850-2020 "Disinfectant Raw Materials List and Prohibited and Restricted Substances", and belonged to defective products. If the company produces These products, according to the relevant provisions of the Product Quality Law, should be ordered to stop production, confiscate illegally produced products, and be fined. If a crime is constituted, criminal responsibility should be investigated according to law. Claiming that the product of the 'Xiao' brand has curative effects, its behavior complies with the provisions of the Drug Administration Law on the production and sale of counterfeit drugs, and should be punished by the drug regulatory department in accordance with the law." Wang Yue said.
Wang Yue told reporters that enterprises or individual micro-businesses that sell products with illegal "Xiao" brands are sellers. According to the Product Quality Law, those who sell products that do not meet the national standards and industry standards for protecting human health and personal and property safety will be ordered to stop selling. , Confiscate the illegally sold products, and impose a fine of more than three times the equivalent value of the illegally sold products (including sold and unsold products, the same below); if there is any illegal income, the illegal income shall also be confiscated; If the circumstances are serious, the business license shall be revoked; if a crime is constituted, criminal responsibility shall be investigated according to law.
If the sales company also claims that the "Xiao" brand name product has curative effects, the punishment is the same as above.
"In addition, online platforms that provide false publicity belong to the publisher of the advertisement. If they know or should know that the advertiser has committed an illegal act of 'using medical terms in the advertisement or medical terms that are likely to confuse the promoted products with medicines', they can still Those who design, produce, represent, and release should be punished accordingly by the market supervision and management department." Wang Yue said.
Strengthen supervision and crack down
Standardize the order of product approval
The reporter noticed that some companies have been repeatedly punished by administrative punishment for illegally selling "Xiao" brand name products, but such chaos is still repeated.
What is the reason?
Wang Yue analyzed this and said that in the product sampling inspection system, due to the human and technical limitations of the supervision and inspection department, the vast majority of the fish that slipped through the net accounted for the vast majority, and some unscrupulous companies took chances; Supervision involves many departments such as the Health and Health Commission, the Market Supervision Administration Bureau, and the Comprehensive Administrative Law Enforcement Bureau. Under multi-management supervision, it is easy to ignore the phenomenon of no one, resulting in insufficient supervision. In addition, the current administrative punishment methods are limited to confiscation, fines and revocation. Licenses, etc., criminal liability is currently too "modesty", resulting in low cost of breaking the law.
"Because of information asymmetry, consumers are prone to misjudgments and do not understand the difference between 'Xiao' brand products and drugs and cosmetics. In addition, the amount of consumer disputes is often relatively small. After weighing the cost of rights protection, a considerable number of consumers are out of They are unwilling to defend their rights for various reasons," Wang Yue said.
In order to control the chaos of "Xiao" brand name products, relevant national departments and many places have already begun to take action.
On February 20 this year, the Supreme People's Procuratorate announced that it would list and supervise the handling of a number of clues to public interest litigation cases involving illegal addition of drugs to antibacterial (antibacterial) preparations of the "Xiao" brand.
According to the news released, in the early stage, the Supreme People’s Procuratorate’s Technical Information Research Center found that the illegal addition of chemical drugs in the anti-bacterial preparations and the instructions did not comply with the inspection process of the anti-bacterial preparations of the “Xiao” brand products. The phenomenon required is more common.
The Supreme People's Procuratorate put forward specific requirements for the supervision of clues in such cases, and issued the "Notice on Supervising the Illegal Addition of Case Clues to "Xiao" Antibacterial Preparations", requiring procuratorial organs in all regions to comprehensively sort out the " Eliminate the loopholes in the system and mechanism in the production, testing, supervision and other aspects of the brand name products, and promote the administrative agencies to improve the mechanism in a timely manner and plug the loopholes.
At present, procuratorates in many places across the country have carried out special supervision work.
In late August, after being assigned by the People's Procuratorate of Linfen City, Shanxi Province, the People's Procuratorate of Houma City immediately accepted the clues of the case of non-compliant "Xiao" antibacterial preparations produced by pharmaceutical companies within its jurisdiction, and immediately launched investigation and verification .
In response to the problems found, the court immediately issued a pre-litigation procuratorial suggestion to the relevant administrative agency, suggesting that the unit check the disinfection products produced by pharmaceutical companies in the jurisdiction one by one, strengthen the supervision and management of labels, and urge companies to evaluate the hygiene and safety of all disinfection products. Reports are filed online in a timely manner to protect product quality and consumers' right to know.
The People's Procuratorate of Manas County in the Xinjiang Uygur Autonomous Region has also recently carried out special supervision of anti-bacterial preparation products of the "Xiao" brand.
Prosecutors of public interest litigation focus on whether the "Xiao" brand products sold on the market are illegally added with drugs, and whether the packaging or instructions contain false propaganda implying medical effects such as "times per day", "one course of treatment per day", and "following the doctor's advice" We conducted a survey.
In response to the problems found in the supervision, the Manas County Procuratorate issued a pre-litigation proposal to the county health department, suggesting that it supervise the recall of the problematic products, standardize the market order of "Xiao" brand products, and maintain the health and safety of the masses.
Experts interviewed by the reporter believe that through special supervision activities, the procuratorate can effectively regulate the market order of "Xiao" brand products and provide a strong legal guarantee for the people to use safe disinfection products.
"Regulatory departments should use big data, blockchain and other means to improve the level of smart supervision and supervision efficiency, grasp the quality and safety information of market products in the first place, and block unsafe products from the market to the greatest extent. In addition, establish a special The supervision joint mechanism is led by a main responsible department, and it cooperates with other relevant departments to carry out normalized supervision and inspection and law enforcement synchronization projects, so as to achieve a supervision situation where someone supervises, someone investigates, and someone handles it in a timely manner. Correspondingly, in view of the current administrative penalty The empirical effect is not good, and it is recommended to increase the criminal responsibility for the illegal activities in the production, sales and publicity of the "Xiao" brand name products." Wang Yue suggested.
In his view, it is also possible to improve the public interest litigation mechanism under the responsibility of the Consumers Association, so as to solve the problem of consumers' unwillingness and inability to protect their rights.
The new consumer rights protection law clarifies the subject status of consumer associations above the provincial level in public interest litigation. For group consumption incidents, consumers can report to municipal consumer associations, and municipal consumer associations can request to file with provincial consumer associations. For public interest litigation, the provincial Consumers Association decides whether to file a public interest litigation.
(Rule of Law Daily)