The "Three Nos" medicine claims that babies can also use secret recipes passed down from ancestors to "cure all diseases". The anti-cancer drugs are all in foreign languages.
Various "miracle medicines" are sold on second-hand trading platforms
Our reporter Sun Tianjiao
A white plastic bottle, half the size of an index finger, with no other explanation except the words "Oral Ulcer" on it... After Ms. Wang, a resident of Dongcheng, Beijing, came home from get off work, she discovered that such a small bottle suddenly appeared on the table in the living room. thing.
It turns out that Ms. Wang’s mother often gets sores at the corners of her mouth. When she was browsing a second-hand trading platform a few days ago, she saw a product called “Oral Ulcer Secret Medicine” because the seller said in the product introduction that it was “Oral Ulcer Powder. "It has been passed down from generation to generation" and "has miraculous effects on mouth and tongue sores, mouth corner sores, mouth and tongue erosion, etc.", so I immediately placed an order.
"This so-called 'medicine' not only does not have any instructions for use, but the relevant standards, batch numbers, specifications, ingredients, etc. are not written at all. Isn't it just a homemade 'three-no' product? How can a second-hand trading platform still sell this kind of products casually? Something?" Ms. Wang felt something was wrong and threw it directly into the trash can.
Ms. Wang’s concerns are not unreasonable. A recent investigation by a reporter from the "Rule of Law Daily" found that many users are selling medicines on second-hand trading platforms, including unpacked medicines, foreign medicines, "ancestral secret recipes," homemade traditional Chinese medicines, and traditional Chinese medicinal materials. Such sellers usually do not have relevant business qualifications, but various drugs for internal or external use are quietly circulated through second-hand trading platforms.
Experts interviewed pointed out that drugs are a special commodity that requires strict approval procedures for listing and circulation, and there are also qualification requirements for sales. Most drug transactions on second-hand trading platforms not only fail to guarantee quality, but also cannot guarantee that the name and content of the drug are consistent. This poses a huge safety risk and must be banned from sale. Regarding the issue of drug sales on second-hand trading platforms, all parties should actively cooperate with relevant national laws and regulations to jointly safeguard the order of the drug market and the rights and interests of consumers.
Ancestral secret recipes flood all major platforms
Claims to be a powerful medicine that can cure all diseases
According to the clues provided by Ms. Wang, the reporter found a seller selling oral ulcer powder on a second-hand platform.
On the product details page with a price tag of 50 yuan, the seller introduced in detail: "This is a secret recipe passed down by the older generation, with pure Chinese medicinal ingredients... The older generation had this recipe by chance, and it has always been prepared by the family. I used it for my own people, and then more and more people came to me from the village and outside. Some even came from afar to find people to pick them up or drive here. They all reported that it was very useful and had miraculous effects..."
In addition, the seller also specifically reminded that the medicine can also be used by infants and young children, and even "immediately affects the baby's oral ulcers, crying, and does not sleep or drink milk. After using the medicine, he can drink milk normally and sleep peacefully."
After the reporter contacted the seller via private message, the seller replied that "the prescription was handed down from our ancestors." As for whether he had a medical qualification certificate, a business qualification, whether the medicine had a national batch number, etc., the seller said: "It is made at home, and the raw materials are very safe." , believe it and buy it.”
After purchasing, the reporter found that, just as Ms. Wang described, the medicine bottle was very small, and besides the words "oral ulcer" on the sticker, there was no other text description on the bottle. After opening the cap, there was black-gray powder inside. The bottle mouth was not plastic-sealed and had leaked a little. The desiccant was shrunk and squeezed into the bottle.
Subsequently, the reporter contacted the seller again and asked "why there are no relevant instructions such as ingredients." The other party said: "The ingredients are edible ingredients such as jujube and alum. Don't worry." However, when the reporter mentioned that it said "pure" in the product introduction, "Chinese medicine" "made from a variety of Chinese medicines" and asked "what Chinese medicines are there", the other party said that it was not convenient to disclose it and just urged the reporter to confirm receipt of the goods.
The next day, when the reporter browsed the product introduction page again, he found some changes - the seller's nickname and avatar had been changed. The original title of "Secret Recipe" and "Pure Chinese Medicine" were replaced by "Ancestral Recipe". All the text related to "Chinese medicine" mentioned in the introduction and the content related to the use of infants and young children have been deleted.
There are many so-called "ancestral secret recipes" like "Oral Ulcer Powder" on second-hand trading platforms. Recently, reporters searched multiple second-hand trading platforms using keywords such as "secret recipe", "ancestral recipe" and "secret medicine", and found many sellers who claimed that the medicines they sold were "ancestral secret recipes" and that their families were from a family of traditional Chinese medicine, but they could not produce them. There is no medical certificate, and the drugs sold do not have any official qualifications.
For example, a seller named "Ancient Skin Care Traditional Chinese Medicine" sells a "Codonopsis pilosula tonic Chinese medicine essence water", which claims to have "eight kinds of Chinese medicine, hydrating, whitening, lightening, repairing and nourishing, a complete tonic." Products that are not available on the market, concentrations that are not available on the market.” This 100 ml essence water sells for 138 yuan. In the product picture, it is a brown liquid in a transparent glass bottle, and the bottle is empty.
When the reporter asked if he could tell the ingredients of the medicine, the seller remained silent: "This is a secret recipe. If you reveal it, it will be stolen." The seller's location shown on the product page is "Chaoyang District, Beijing," but the seller said he chose it at random. In fact, Located in Chengdu, Sichuan.
Under the name of another seller named "Express Department Store Mother and Baby Store", there is a "miraculous medicine" with an extremely rich introduction - this medicine is claimed to be "only 10 bottles of 3 kilograms of medicinal materials, super medicinal grade, out of print and exclusive" "Royal Oman Green Milk Secret Recipe Belly Button Pills" are on sale for only 38 yuan with free shipping.
The seller said that his ancestor was a well-known local traditional Chinese medicine doctor, and his family members also worked in pharmaceutical factories. Many of the refining techniques are personal secret recipes, and the raw materials come from the old roots of medicinal materials in the mountains. As for the efficacy of the medicine, the seller boasts that it can cure all diseases, activate blood circulation and remove blood stasis, antioxidant, anti-aging, anti-cancer, repair cell activity...
In addition to various "ancestral secret recipes", there are also many people on second-hand trading platforms selling various traditional Chinese medicine (raw materials), whose sources claim to be "grown at home" or "picked by themselves", including wild ginseng, purple ginseng, and Ganoderma lucidum. wait. A seller directly posted pictures of a variety of Chinese medicinal materials, saying, "My family has been collecting wild Chinese medicinal materials for 40 years, and all Chinese medicinal materials are wild." As long as you buy one kilogram, you can basically get free shipping.
Sell leftover medicine to others
Imported anti-cancer drugs are also sold freely
The reporter browsed multiple second-hand trading platforms and found that in addition to the "three noes" homemade "secret medicine", there are also many "second-hand goods" that are regular medicines. Some sellers posted the packaging boxes of medicines they purchased, claiming that they were medicines they had purchased through regular channels but had not used up.
It is worth noting that directly searching for keywords such as "cold medicine" and "antipyretic medicine" on the platform will often directly display no related products. However, if you only search for symptom names such as "cold" and "dizziness", or search for drug names such as " Merrill Lynch", you can see multiple sellers selling related drugs.
Among the above search results, many “second-hand” drugs are foreign drugs. For example, a seller named "BABY's Magic House" listed a medicine with Japanese characters on the outer packaging, saying it was an "imported medicine for malignant tumors. If you don't understand, don't ask. It's cheap for patients with symptoms."
In fact, whether it is "bought unused" medicines or so-called "ancestral secret recipes", private sales on second-hand trading platforms are suspected of violating laws and regulations.
Zheng Zhongchen, director of Beijing Lutong Law Firm, told reporters that according to the Drug Administration Law and other relevant laws and regulations, the production, operation, and use of drugs must strictly comply with the regulations of the national drug regulatory department. Without approval, private individuals are not allowed to sell drugs, including imported drugs. All drugs sold on the Internet must comply with the "Measures for the Supervision and Administration of Drug Online Sales" and other relevant regulations. First of all, websites selling drugs must obtain the qualification for online drug sales and must be registered with the State Food and Drug Administration. Secondly, companies selling pharmaceuticals must obtain a pharmaceutical business license, and sales personnel must obtain Good Manufacturing Practices certification. In addition, all drugs sold must obtain a drug registration certificate approved by the State Drug Administration, and the approval number must be marked on the drug packaging.
Zheng Zhongchen said that for traditional Chinese medicine, in addition to complying with the above regulations, it is also necessary to comply with relevant regulations of the national traditional Chinese medicine management department. For example, for traditional Chinese medicine pieces, sales companies must obtain the "Good Manufacturing Practice for Traditional Chinese Medicine Pieces" certification. For proprietary Chinese medicines, sales companies must ensure that their production and operation comply with the requirements of the Good Manufacturing Practice for Chinese Proprietary Medicines and the Good Manufacturing Practice for Chinese Proprietary Medicines.
Lawyer Ma Tao, a partner at Beijing Haotian Law Firm, said that traditional Chinese medicines, like chemical drugs and biological products, fall into the category of pharmaceuticals, and their development, production, operation, use and supervision and management activities should be governed by the Drug Administration Law. Medicines are special commodities, and individuals have no right to engage in medicine buying and selling activities without authorization. Otherwise, according to the provisions of Article 115 of the Drug Administration Law, the regulatory authorities have the right to confiscate the sold drugs and illegal income, and impose a fine of 15 times the value of the illegally sold drugs (including sold and unsold drugs) A fine of not more than 30 times but not more than 30 times; if the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan.
Ma Tao said that for imported drugs to be marketed and sold in China, the drugs must obtain an import drug registration certificate and dealers must obtain drug business license qualifications. Individuals selling imported drugs from abroad on second-hand trading platforms fall under the category of "failure to obtain drug approval certificate" as listed in the Drug Administration Law. The act of "importing drugs without documents" violates the provisions of "prohibiting the production and import of drugs without obtaining drug approval documents" and "engaging in drug business activities without permission". The regulatory authorities have the right to confiscate illegally imported and sold drugs and illegal income, and impose a fine. If the circumstances are serious, it will also constitute a criminal offence.
“In addition, it is important to point out that even if you have the corresponding qualifications to sell drugs, not all drugs can be sold through Internet channels. Drugs that are subject to special management according to law, such as vaccines, blood products, narcotic drugs, psychotropic drugs, etc., are not allowed to be sold online. Sales." Ma Tao said.
Regarding self-made traditional Chinese medicine, Ma Tao believes that its characterization should be comprehensively judged from the name, promotion and sales methods, purpose, etc. If the product is used to treat human diseases, has specific indications or functions, it should be characterized as a drug. As a drug, its production must obtain a drug production license, and its sale must obtain a business license. Otherwise, it will constitute unlicensed production and sales. In addition, if the online sales entity is an individual, it does not meet the identity requirements of "a drug marketing authorization holder or drug operating enterprise with the ability to ensure the safety of drugs sold online."
Deng Liqiang, executive director of the Chinese Health Law Society, said that according to laws and regulations, TCM practitioners must be registered and recognized by the administrative department and meet certain conditions before they can obtain a TCM physician qualification certificate. "Traditional Chinese medicine families" without medical qualifications are practicing medicine illegally. Drugs must be registered and obtain a registration certificate. The production and sales of traditional Chinese medicine pieces are managed throughout the entire process. It is illegal to sell unregistered "secret medicines".
In Zheng Zhongchen’s view, in modern society, the sources of traditional Chinese medicine materials should be legal and formal channels. If someone claims that their medicinal materials are "grown at home" or "picked by yourself" and involve rare medicinal materials such as wild ginseng, purple ginseng, and Ganoderma lucidum, don't believe it. First of all, some Chinese medicinal materials are usually wild plants under national key protection. Picking and selling them without permission may be illegal. Secondly, even home-grown medicinal materials need to comply with national planting regulations and standards to ensure their quality and safety. Medicinal materials grown and picked by individuals may not have undergone formal inspection and approval, and their quality and safety cannot be guaranteed.
Strictly review platform transaction information
Effectively ensure public drug safety
"The quality of medicines on the second-hand trading platform cannot be guaranteed, and there is no guarantee that the name and contents of the medicines are consistent. It is possible to be life-threatening. There are also some medicines with instructions in foreign languages, and the safety of the medicines cannot be guaranteed." In Deng Liqiang's view, Come on, there is no room for luck when it comes to drug-related issues. If someone suffers personal injury after taking the above-mentioned medicines, the seller shall bear tort liability. If the platform fails to fulfill its statutory review obligations, the drug purchaser also has the right to require the platform to bear corresponding joint and several liability.
Ma Tao believes that those who operate drugs without a license seriously endanger individual health or cause physical damage, in addition to liability for civil infringement compensation and administrative liability, they may also bear criminal liability. According to the law, if drugs are sold without a license and the drugs are detected to be serious enough to endanger individual health or cause physical damage, the seller may be guilty of obstructing drug management; if the drugs sold are identified as fake or inferior drugs, they will be punished. Constitutes the crime of producing and selling counterfeit medicines.
It is worth noting that drugs are included in the list of banned/restricted goods in the trading rules of many second-hand trading platforms. Many sellers have also been punished by the platform for selling drugs. However, there are still a large number of drug transactions on second-hand trading platforms, and even if the account is found to be in violation, it is easy for the seller to make a comeback.
In October last year, Ms. Mei from Shantou, Guangdong, released an unused test kit on a second-hand trading platform. She was directly deducted 20 platform credibility points, all her products were removed from the shelves, and she was prohibited from publishing products for 7 days. Leave messages, edit personal homepage, etc.
"This is such a loss. I posted more than 80 products, and all of them were gone. I didn't know that all medical-related products couldn't be posted. I searched in advance before posting, and posted them when I saw someone selling them. Why was I found guilty of violating the rules? The platform could clearly remind me that the content violated rules when I posted it." Ms. Mei was still worried about being found guilty of violating the rules, but the punishment was not very serious for her. "I simply canceled my account and opened a new one, and the violation record was cleared."
Regarding the prohibited and difficult to eradicate drug trading issues on second-hand trading platforms, according to Ma Tao, since the "Measures for the Supervision and Administration of Drug Online Sales" were officially promulgated in September 2022, the State Food and Drug Administration has emphasized that drug regulatory authorities at all levels It is necessary to supervise and guide drug online sales companies to effectively fulfill their main responsibilities; supervise and guide third-party platforms to establish and improve drug online sales management systems; it is necessary to closely focus on outstanding problems in drug online sales, insist on treating both symptoms and root causes, and focus on containment, strong pressure, and long-term deterrence.
"Under the new model of 'Internet + pharmaceutical sales', drug sales should strictly abide by the relevant legal provisions of online drug sales, enhance compliance awareness, strengthen compliance management, and clarify the legal responsibilities of all parties to ensure the safety of public drug use. , Protect public health rights and interests." Ma Tao said.
In Zheng Zhongchen’s view, when it comes to drug sales on second-hand trading platforms, all parties should actively cooperate with relevant national laws and regulations to jointly safeguard the order of the drug market and the rights and interests of consumers. Regulatory authorities should increase supervision of second-hand trading platforms, severely crack down on illegal drug-related activities, and protect consumer rights. Platform parties should assume regulatory responsibilities, strictly review drug transaction information, and prevent unapproved drug listings and transactions. For violations, measures should be taken immediately to stop them and reported to relevant departments in a timely manner. Sellers must have proof of legal origin to ensure the compliance and safety of the drugs they sell. At the same time, it is not allowed to falsely advertise the effects of drugs or mislead consumers.
Zheng Zhongchen warned consumers that if individuals buy and sell drugs on second-hand platforms, it is recommended to first confirm whether the drugs have been approved and inspected by relevant departments, whether the outer packaging meets the national requirements for drug packaging and labeling, and whether the seller has legal sales qualifications. . If you have any doubts, you should consult professional legal professionals or report to the drug regulatory department to avoid harm to your legitimate rights and interests. (Rule of Law Daily)