The Shanghai court heard the first domestic stem cell sale and the second instance ruled that the sale contract was invalid
"Stem cell beauty and anti-aging" dispute exposes industry chaos
Is the sale and purchase of stem cells effective without clinical research and approval? On August 11, the Shanghai No. 1 Intermediate People's Court opened a court hearing and pronounced an appeal case for a dispute over a stem cell sale and purchase contract, and ruled that the stem cell sale and purchase contract involved in the case was invalid, and ruled that the stem cell seller should return the remaining advance payment obtained from the contract. It is reported that this case is the country's first stem cell transaction.
According to a friend, Lulu (pseudonym) met Mr. Hao, the legal representative of Rongli Biotechnology Co., Ltd. (hereinafter referred to as Rongli Company). Mr. Hao told Lulu that the infusion of stem cells can not only beautify, but also has anti-aging effects, and invited Lulu to visit the cell bank. Lulu was heartbroken.
On April 5, 2018, Lulu and Mr. Hao agreed on WeChat to order 30 copies of "human placenta-derived stem cells" from Rongli Company at a price of 35,000 yuan each. Rongli Company will cultivate stem cells first and provide relevant information. The site assists in the reinfusion of stem cells. Lulu transferred half of the prepayment of RMB 525,000 on the same day.
Rongli Company delivered 8 stem cells as scheduled. The price of 8 stem cells is as agreed by both parties. The first 3 stem cells are calculated at a price of 35,000 yuan/piece, and 17,500 yuan/piece is deducted from the advance payment; the last 5 stem cells are calculated at a price of 15,000 yuan/piece directly afterwards. Deduct from the advance payment.
On February 28, 2019, Lulu, as usual, made an appointment with Mr. Hao on WeChat for stem cell reinfusion on March 10. Mr. Hao said it was too late.
On March 22, Lulu contacted Mr. Hao again to make an appointment for stem cell reinfusion on April 10. Mr. Hao did not reply on the grounds that he was busy. Lulu asked Mr. Hao for a refund, but did not receive a reply. Lulu sued Rongli Company to the court, requesting an order to terminate its stem cell sales contract with Rongli Company, and Rongli Company would return the unused advance payment of RMB 397,500.
After the trial, the court of first instance held that, according to evidence such as WeChat chat records and bank account details, Rongli Company and Lulu have formed a trading relationship, and both parties should perform as agreed. Now Rongli Company has not continued to perform the contract after delivering some of the stem cells, and the sales contract has been terminated in fact. The court of first instance terminated the stem cell purchase and sale contract between the two parties in accordance with the law, and ruled that Rongli Company should return the remaining advance payment in full.
Rongli Company refused to accept it and appealed to Shanghai No. 1 Intermediate Court.
"It is not that we do not deliver, but that stem cells require a certain training cycle. We are willing to actively continue to perform the contract." said Rongli Company in the second trial.
Regarding Rongli’s statement, Liu Caiyue, deputy chief physician of plastic surgery at the Ninth People’s Hospital of Shanghai Jiaotong University School of Medicine, who is engaged in stem cell anti-aging research, is quite skeptical. He thinks that the delay like Rongli’s is "it is very likely that his cells are all It was borrowed from another company, he may be a'erdao dealer'".
"At present, there is no legal and compliant stem cell anti-aging program in mainland China. Whether it is autologous or allogeneic stem cells, they are all obtained from'extraordinary channels'." Liu Caiyue said.
This is not a gray area, but a completely illegal operation. According to Liu Caiyue's understanding, the commercial "stem cell anti-aging" project is very profitable. "There was once a hospital in Dongguan said that it was doing stem cell anti-aging, and some customers brushed up 12 million yuan in cash."
In fact, research on the use of stem cells for anti-aging purposes is not yet possible. Men Zengxuan, chairman of Emstein Biotechnology Co., Ltd. believes that this is mainly because, "Aging is not a disease. If it is not a specific disease, it is difficult to apply for clinical verification, and there is a lack of a verification process. Compliance. I think if stem cell anti-aging is to be fully compliant, it will take at least four to five years to complete the process."
After the trial, the Shanghai No. 1 Intermediate People's Court determined that the contract between Lulu and Rongli Company was "invalid from the beginning, confirmed, absolutely, and of course not legally binding", and "dissolution of the contract" should not be applied but " The contract is invalid", Rongli Company shall return Lulu's remaining advance payment of RMB 397,500.
After trial, the Shanghai No. 1 Intermediate People's Court found that the involved stem cell sales contract did not comply with the "Administrative Measures for Stem Cell Clinical Research (Trial)" and violated Article 52, Item 4 of the "Contract Law of the People's Republic of China" and should be deemed invalid .
He Jian, the chief trial judge of the Shanghai No. 1 Intermediate People's Court, said that stem cells provide new treatment ideas and methods for some major diseases, but there are strict procedures and qualification requirements for project establishment, filing and declaration, registration, etc., from clinical research to translational application. Social and public interests such as ethics, technological development, drug quality, public life, health and safety. There are various unscrupulous merchants on the market who are making profits in the name of stem cells. It is hoped that the judgment of this case will give play to the guiding role of judicial referees and better promote the development and progress of China's stem cell technology.
Qian Peijian