Chinanews.com, January 4th. The website of the State Administration for Market Regulation announced on the 4th the fourth batch of investigation and punishment of typical cases of illegal drugs and medical supplies related to the epidemic.
According to the article, recently, the State Administration of Market Supervision has guided the national market supervision departments to continue to increase the investigation and handling of cases related to price stabilization and quality assurance of epidemic-related drugs and medical supplies, insist on strictness and speed, and maintain a high-pressure situation. Counterfeiting and other illegal cases.
1. The case of Beijing Shengyang Oriental Culture Development Co., Ltd. selling unqualified masks
The Beijing Haidian District Market Supervision Bureau carried out special supervision and spot checks on the quality of mask products, and found that the disposable civilian masks (non-medical) sold by Beijing Shengyang Oriental Culture Development Co., Ltd. did not comply with the "Daily Protective Masks" "Technical Specifications" (GB/T 32610-2016) standard, the test result is unqualified.
The Haidian District Market Supervision Bureau opened a case for investigation on October 24, 2022. The company purchased 1,000 boxes of the above-mentioned unqualified products for sale, and its behavior was suspected of violating Article 39 of the "Product Quality Law".
On December 21, the Haidian District Market Supervision Bureau confiscated 2,137.5 yuan of illegal income and imposed an administrative penalty of 2,176 yuan on the company in accordance with the law.
2. The case of Tianjin 5mm Architectural Design Co., Ltd. operating Class III medical devices without permission
On December 12, 2022, Tianjin Hexi District Market Supervision Bureau found that Tianjin 5mm Architectural Design Co., Ltd. had sold the third type of medical device novel coronavirus (2019-nCoV) antigen without obtaining a business license. Detection reagent (latex method) (specification 25 servings/box), the value of the goods involved in the case is 3375 yuan, and the illegal income is 2025 yuan.
The above-mentioned behavior of the company is suspected of violating Article 42 of the Regulations on the Supervision and Administration of Medical Devices.
On December 22, the Hexi District Market Supervision Bureau confiscated 2,025 yuan of illegal income and imposed an administrative penalty of 50,000 yuan on the company.
3. The case of Dadong branch of Shenyang Puji Pharmacy Co., Ltd. in Liaoning Province not implementing price intervention measures to sell drugs
On December 12, 2022, the Dadong District Market Supervision Bureau of Shenyang City conducted an on-site inspection of the Dadong Branch of Puji Pharmacy Co., Ltd. based on clues, and found that the company had purchased Lianhua Qingwen Capsules (0.35g* 24 capsules) 20 boxes, the purchase price is 14.5 yuan/box, the sales price is 43.7 yuan/box, and the difference between purchase and sales is 201%.
The company has substantially increased the sales price of drugs without a significant increase in costs. Its behavior is suspected of violating the "Price Law" and other relevant regulations, which constitutes a price violation that does not implement price intervention measures.
On December 30, the Dadong District Market Supervision Bureau made an administrative penalty decision: 486.45 yuan of illegal income was confiscated, and a fine of 1,621.5 yuan was imposed that was three times the total illegal income.
4. Case of driving up prices by Xilaile Pharmacy Co., Ltd., Jixi City, Heilongjiang Province
On December 12, 2022, the Market Supervision Bureau of Jixi City inspected Xilaile Pharmacy Co., Ltd. and found that the purchase price of Lianhua Qingwen Capsules (0.35g*24 capsules) was 11.5 yuan per box. Next, the price rose from 14.5 yuan/box to 35 yuan/box.
The purchase price of Lianhua Qingwen Granules (6g*10 bags) is 49.5 yuan/box, and the price is 70 yuan/box.
The company’s substantial increase in the sales price of drugs without a significant increase in costs, or the increase in drug sales prices despite the increase in costs is significantly higher than the increase in costs, which is suspected of constituting an illegal act of price gouging.
On December 28, the Jixi Market Supervision Bureau made an administrative penalty decision, ordering the company to immediately correct the illegal behavior and imposing a fine of 50,000 yuan.
5. Price gouging case of Hushan Convenience Store in Zhangjiagang City, Suzhou City, Jiangsu Province
On December 22, 2022, the Zhangjiagang City Market Supervision Bureau conducted a law enforcement inspection of the Shanghai Flash Convenience Store in Zhangjiagang City based on the report.
After investigation, from December 17th to 19th, the store sold mercury thermometers at a price of 27.8 yuan per piece and 35.8 yuan per piece on a certain platform. Suspected of illegal acts that constitute price gouging.
The Zhangjiagang City Market Supervision Bureau plans to impose an administrative penalty of 70,000 yuan on the store.
6. Suspected counterfeiting and confusion case of Hipin Trading Store in Xiuzhou District, Jiaxing City, Zhejiang Province
On December 14, 2022, the Market Supervision Bureau of Xiuzhou District, Jiaxing City discovered during a special inspection that Hipin Trading Store in Gaozhao Street, Xiuzhou District was selling "Lianhua Qingwen Tea" through a WeChat group, and released "[Lianhua Qingwen Tea] Tea] You must have it in the post-epidemic era!" "No longer worry about being recruited!" "[Lianhua Qingwen] heat-clearing and detoxifying, traditional Chinese medicine warming, scientifically proven to be effective" and other promotional information.
According to the investigation, the "Lianhua Qingwen Tea" involved in the case is a common food and has nothing to do with "Lianhua Qingwen Capsules (Granules)".
The store purchased a total of 3,000 boxes and had sold 1,650 boxes at the time of the incident.
Law enforcement officers seized the remaining 1,350 boxes, involving a total value of 22,000 yuan.
It was found that the store has established 9 WeChat marketing groups. Since December 12, the above-mentioned promotional information has been released in the WeChat group, accompanied by pictures and videos of the products involved. It has been released for 3 rounds, a total of 27 times, with an audience of 2463 people. .
The store used a large number of WeChat groups to sell "Lianhua Qingwen Tea", and its promotional words quoted the name and efficacy of "Lianhua Qingwen", implementing confusing unfair competition.
At the same time, it cannot provide legal basis such as scientific conclusions and authoritative reports for its promotional information.
The store’s behavior violated Article 6 of the Anti-Unfair Competition Law.
On January 3, 2023, the Xiuzhou District Market Supervision Bureau imposed an administrative penalty of 100,000 yuan.
7. Zhengzhou Xiaoyaoyao Pharmaceutical Technology Co., Ltd., Henan Province, suspected of price gouging
On December 27, 2022, Zhengzhou Municipal Market Supervision Bureau found that Zhengzhou Xiaoyaoyao Pharmaceutical Technology Co., Ltd. was selling ibuprofen wholesale to pharmaceutical retailers, pharmacies, and clinics across the country through the online drug help APP wholesale platform. The price of ibuprofen tablets for wholesale sales rose from 2.33 yuan per bottle to 2.43 yuan per bottle on December 10 to 19.8 yuan per bottle from December 17 to 24.
As the number of ibuprofen involved in the case reached 30,600 bottles, the price of a large number of terminal ibuprofens rose sharply, which disrupted the market price order of epidemic-related materials and had a bad social impact.
Under the circumstance that the purchase cost remains unchanged, the company has substantially increased the sales price, which is suspected of constituting an illegal act of driving up prices.
On December 29, the Zhengzhou Municipal Market Supervision Bureau delivered an administrative penalty notice to the company, planning to give a warning and an administrative penalty of 2.6 million yuan.
8. Su Moumou, Pingjiang County, Yueyang City, Hunan Province, was suspected of illegal advertising
On December 22, 2022, the Pingjiang County Market Supervision Bureau inspected the Internet and found that the video advertisement of the WeChat video account "Hupei Laoqu Jiu Su Weng" appeared "Farewell to the nucleic acid of the whole people and invested in the drinking of the whole people. According to expert statistics, people who drink all the year round. Resistance New crown virus: 68.3% higher than those who do not drink alcohol. Those who drink every day are 59.7% higher than those who do not drink regularly." etc.
After investigation, the video account of "Hupei Laoqu Liquor Su Weng" is owned by Su XX in Pingjiang County. In order to market and promote liquor, Su XX released the above advertisement content through WeChat video on December 16.
Su Moumou's behavior was suspected of violating the "Advertising Law", and the Pingjiang County Market Supervision Bureau opened a case for investigation on December 23.
9. Haikou Linkang Pharmaceutical Co., Ltd. in Hainan Province suspected of price gouging
During the inspection, the Longhua Branch of the Market Supervision Bureau of Haikou City, Hainan Province found that Haikou Linkang Pharmaceutical Co., Ltd. sold ibuprofen sustained-release capsules for 28 yuan per box on December 9, 2022, and sold 12 yuan per box of Fengyoujing 1 Box, 28 yuan/box Pudilan anti-inflammatory tablets 1 box, 28 yuan/box Fengreganmaoling granules 1 box.
Sales of Compound Ganmaoling Granules are 32 yuan/box, 1 can of Astragalus membranaceus for 35 yuan/can, and 1 can of fried cassia seeds for 28 yuan/can.
Lianhua Qingwen Capsules are sold at 19.8 yuan/box, 1 box of Ibuprofen Sustained-release Capsules (Federation) at 48 yuan/box, 1 box of Watermelon Frost Moisturizing Throat Tablets at 16 yuan/box, and compound banlangen granules at 26 yuan/box 1 box.
The company forced the sale of designated products in the process of selling drugs, which was suspected of constituting an illegal act of driving up prices.
On January 3, 2023, the Longhua Branch of the Haikou Municipal Market Supervision Bureau made an administrative penalty decision, ordering the company to correct the illegal behavior, confiscate the illegal income of 406 yuan, and impose a fine of 5 times the illegal income of 2030 yuan.
10. Case of Unclear Price Marking Case of Xinhui Pharmacy in Huichuan Town, Weiyuan County, Dingxi City, Gansu Province
The Market Supervision Office of Huichuan Town, Weiyuan County received a report from the masses about the Xinhui Pharmacy in Huichuan Town, and law enforcement officers conducted investigation and verification.
After investigation, Xinhui Pharmacy did not clearly mark the price when selling Lianhua Qingwen Capsules.
Further inspection found that on November 25, 2022, law enforcement officers had issued a notice ordering corrections for the store's illegal act of selling drugs with unknown prices, and the corrections were made within 5 days.
During the on-site inspection on December 12, the store failed to correct the above behavior within the time limit.
On December 21, the Weiyuan County Market Supervision Bureau made an administrative penalty decision, ordering the pharmacy to correct the illegal behavior and fined it 3,000 yuan.
(China New Finance and Economics)
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