Political and legal authorities have taken many measures to help rectify the chaos in the medical beauty industry
Be able to actively perform duties and promote the healthy development of
the "beauty economy"
Editor's note
Everyone has a heart for beauty. In recent years, with the economic and social development and the improvement of people's living standards, the medical beauty industry has flourished, but illegal medical practice, false publicity and other violations of laws and regulations have also followed.
In order to effectively protect the health and life safety of the people and effectively maintain the market order of the medical beauty industry, political and legal organs at all levels have increased the intensity of punishment, improved the level of performance of duties, strengthened source governance, protected the legitimate rights and interests of the people from infringement, and escorted the healthy development of emerging industries in response to the chaos in the medical beauty industry. This newspaper has published a set of related reports today, please pay attention to it.
□ Dong Fanchao, reporter of this newspaper
Illegal medical practice, false propaganda, frequent appearance of counterfeit goods... In recent years, with the vigorous growth of the "beauty economy", some illegal institutions have put up the guise of medical cosmetology, resulting in frequent chaos in the medical cosmetology industry.
Since September 2022, 9 departments, including the State Administration for Market Regulation, the Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuratorate, have carried out special actions to address prominent problems in the national medical beauty industry. While effectively rectifying the problems of false publicity, illegal medical practice, frequent appearance of counterfeit goods, price gouging and other violations of laws and regulations in the medical beauty industry, local political and legal organs have helped to further improve regulatory rules, improve the development quality of the medical beauty industry, and strive to make the "beauty economy" develop in compliance and let the people "rest assured".
Crack down on violations of laws and regulations in accordance with the law
An illegally mailed express package led to a case of extraordinarily large production and sale of fake and shoddy medical beauty products... At the beginning of 2022, the police of the Jilin City Public Security Bureau in Jilin Province found that a courier package contained items that violated the national import and export administration regulations, and immediately followed the vine to find out the criminal gang of illegal production and sale of fake and shoddy medical beauty products led by Fang and sold by Liu and Chen. The gang used legal companies as a cover to produce fake and inferior hyaluronic acid and other products for the medical beauty industry in Guangzhou, Zhejiang, Ningbo, Jiangsu and other places, and sold them to Jilin City and other places through network channels, forming a criminal chain of upstream production, midstream agency and downstream sales.
After locking up the criminal gang, the Jilin Municipal Public Security Bureau immediately set up a special case team to carry out investigation work, gradually found out the composition of the gang's personnel and hiding dens, and carried out a net collection operation, arrested a total of 72 suspects involved in the case, investigated and dealt with 9 dens, seized more than 2400,1 fake and shoddy botulinum toxin, more than 2,1000 hyaluronic acid, seized several production equipment, and frozen more than <> million yuan of funds involved in the case.
This is a microcosm of the ability of political and legal organs to perform their duties and crack down on violations of laws and regulations in the medical beauty industry in accordance with the law.
Since the launch of the special action to deal with prominent problems in the national medical beauty industry, all relevant departments in various localities have continued to increase law enforcement, cracked down on all kinds of violations of laws and regulations strictly, and handled a series of cases involving medical beauty drugs, medical devices, false advertisements and so on.
Hebei Province dispatched 5788,923 health supervision and law enforcement personnel, 324 law enforcement vehicles, inspected 40 medical beauty institutions of various types, filed 33 cases, closed 40 cases, and fined more than 1997,1947 yuan. Jiangxi Province has efficiently established the province's special governance work "three lists and one account", built an Internet platform monitoring model, strengthened linkage law enforcement, and investigated 100,199 medical cosmetology-related subjects and 3,4 life and beauty institutions, with an inspection coverage rate of 10%. Chongqing Municipality carried out large-scale investigation and rectification in the central urban area where medical cosmetology subjects are concentrated and the amount of illegal leads is large, and <> cases have been filed by various departments, including <> criminal cases, <> typical cases of illegal medical cosmetology advertisements jointly exposed by Sichuan and Chongqing, and <> typical cases of medical cosmetology exposed by Chongqing special class.
Strengthen supervision and squeeze the criminal space
In February 2022, the Qiaokou District People's Procuratorate of Wuhan City, Hubei Province, in carrying out special supervision of public interest litigation in the medical beauty industry, found that two large-scale medical beauty institutions in the jurisdiction had illegal behaviors such as not strictly implementing the drug maintenance management system and mixing drugs and non-drugs, which increased the potential safety hazards of medication.
In this regard, the Qiaokou District Procuratorate issued a pre-litigation procuratorial recommendation to the District Market Supervision Administration, suggesting that it urge it to rectify problems such as irregular drug storage in medical beauty institutions, and carry out comprehensive investigation and rectification.
After receiving the inspection recommendations, the Qiaokou District Market Supervision Administration inspected the above two medical beauty institutions and issued a Notice of Order to Correct in accordance with the law. In addition, the bureau also clarifies the division of responsibilities around drug purchase management, drug storage management, special drug management, etc., and carries out self-inspection and on-site supervision and inspection of medical institutions in stages. When the procuratorate "looked back" at the case, it found that the illegal acts involved in the case had been rectified and corrected, and the two medical beauty institutions had also established a relatively complete drug management system.
According to reports, in carrying out special supervision of public interest litigation in the medical beauty industry, the Wuhan Municipal Procuratorate visited and investigated more than 200 medical beauty institutions of various types, filed and handled 68 public interest litigation cases in the field of medical beauty, and concentrated on sorting out 12 specific issues in drug management, medical equipment, medical advertising and other aspects of medical beauty institutions. In response to the problems found, the Wuhan Municipal People's Procuratorate issued inspection recommendations to the city's Market Supervision Administration to promote the city-wide special rectification of the medical beauty industry.
"Next, we will also actively use the working mechanism of the transformation and linkage of deputies' suggestions, CPPCC proposals and public interest litigation procuratorial suggestions, gather joint efforts to rectify, plug regulatory loopholes, promote the standardized operation of the industry, and protect people's 'appearance' safety with procuratorial performance." Zhao Chunlei, deputy director of the Seventh Procuratorial Department of the Wuhan Municipal Procuratorate, said.
Medical cosmetology has both medical attributes and consumption attributes, involving many regulatory departments, directly related to the life, health and safety of the people, and the sustainable and healthy development of the medical cosmetology industry is inseparable from standardized and efficient industry supervision.
In May this year, 5 departments, including the State Administration for Market Regulation, the Ministry of Public Security, the Supreme People's Court, and the Supreme People's Procuratorate, jointly issued the Guiding Opinions on Further Strengthening the Supervision of the Medical Cosmetology Industry (hereinafter referred to as the Opinions), proposing a series of targeted measures to further strengthen the supervision of the medical cosmetology industry and standardize and promote the development of the medical cosmetology industry.
"The Opinions have made more comprehensive regulations on strengthening the supervision of the medical beauty industry, clearly stipulating that medical beauty services are medical activities and must comply with laws and regulations on access to health-related industries." Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview that the "Opinions" have targeted to correct some misunderstandings in the management of medical beauty and life beauty, and are conducive to standardizing the behavior of medical beauty services.
"In addition, the Opinions emphasize cross-departmental comprehensive supervision, and work simultaneously from multiple dimensions such as registration management, qualification review, information sharing of 'certificates' and 'licenses', notification consultations, joint spot checks and inspections, coordinated supervision, and execution linkage, to build a coherent, efficient and linkage regulatory system." Zhu Wei said that next, all relevant departments should strictly implement the requirements of the "Opinions", continue to strengthen on-site inspections of relevant medical beauty institutions, life beauty institutions and other units and places, increase the intensity of investigation and handling, strengthen the connection between execution and execution, and further squeeze the space for violations of laws and regulations.
Be wary of "appearance anxiety"
"Affordable medical beauty combination, 'student party' saw it", "girly feeling is really given by hyaluronic acid", "college students' first attempt at medical beauty"... Open a well-known online social platform, enter keywords such as "medical beauty", all kinds of plastic surgery medical beauty marketing notes, publicity advertisements are dizzying, and many guidance marketing for "young beauty seekers" also appear intensively in the comment area.
Do not rely on traditional media advertising, do not rely on offline channels to attract customers, through online social media to create "appearance anxiety", exaggerate the effect of medical beauty, and then attract to offline institutions. This routine has become a common move of some illegal institutions, and the hidden chaos behind it has seriously endangered the physical and mental health of the masses, caused a large number of consumer disputes, and some have also caused medical accidents.
"False publicity, exaggerated medical aesthetic effects, insufficient warning of surgical risks, etc., are all typical problems in the current medical aesthetic industry." Zhu Wei said that in the case of mixed industries, consumers themselves also need to enhance risk awareness, and can also check whether the relevant business certificates and doctor's certificates of medical beauty institutions are compliant and effective through the official website of the health department, and can judge whether the production channels of drugs, devices and other products are formal and whether there are potential risks through the official website of the drug regulatory department.
Zhu Wei believes that minors are more likely to be deceived because of their lack of experience, and in the future, prohibitive provisions should be added to the relevant legislation on the protection of minors, and all relevant departments should strictly restrict medical beauty projects with the consent of guardians, perform strict restrictive procedures and conditions, and carry out targeted supervision and inspection.