The "magic water" that can cure all diseases is actually the basement filling
1 biotechnology company, 1 miraculous health care product that "cures all diseases", within 2 years, 18 stores, sales of more than 23 million yuan, more than 300 victims, 41 people had adverse reactions...
On May 29, 2020, the procuratorate of Changzhou Economic Development Zone in Jiangsu Province filed a public prosecution. Xie Mou, the principal of Qiangsheng Company, was sentenced by the court to 11 years in prison for the crime of producing and selling counterfeit drugs and fined 10 million yuan.
Recently, the Changzhou City Procuratorate filed a civil public interest lawsuit. The Changzhou Intermediate Court ruled that the defendant Xie and his biological company, trading company, travel company, and car rental company should compensate consumers for losses of more than 70 million yuan. The media publicly apologized to the public.
The "magic water" that can cure all diseases
"The new "Golden Energy" is a great bargain! The original price of 8 bottles of "Golden Energy" is 9,000 yuan, and you can try it for free today as long as you pay a 2,000 yuan deposit. Share the trial experience and get 2,100 yuan in cash back!" April 2018 One day, a shop called "Old Urchin Health Club" was crowded in Changzhou Economic Development Zone.
A man on the stage who called himself "Dr. Guo" was introducing a kind of health care product called "Golden Energy", and most of the people listening attentively were gray-haired elderly people.
Dr. Guo said: “Many trace elements are difficult to supplement by diet alone.'Golden Energy' is a dietary supplement containing 132 kinds of nutrients. Common diseases such as the vascular system, digestive system, and respiratory system all have magical effects!"
The 72-year-old Uncle Liu is in poor health and takes medicine all the year round. He was very tempted to hear Dr. Guo's introduction and wanted to try this magical "golden energy".
So he paid 2,000 yuan and received a bottle of "Golden Energy" and went home to take it according to the instructions.
Seductive "Propaganda Ambassador"
A week later, everyone came to the "Old Urchin Health Club" again. Several senior citizens who took part in the trial took the stage to share the results of the trial and received a refund of 2,100 yuan on the spot.
Although Uncle Liu did not feel the obvious effect after taking the medicine, so many people said it was effective, which deepened his trust in "golden energy".
Afterwards, a store manager surnamed Wang introduced the new product promotion plan of "Golden Energy": purchase a box of 8 packs of "Golden Energy" at the original price of 9,000 yuan to become a "promotion ambassador" and enjoy two rights: 1. It means that you can enjoy a 10% reward for introducing others to purchase. The second is that you can enjoy a reward of 0.1% of the entire store’s “Golden Energy” sales every month for 3 consecutive years.
In addition, "publicity ambassadors" can also participate in free travel, physical examination, physical therapy, massage and other welfare activities organized by the store.
In this way, "golden energy" seems to be equivalent to "free delivery", and many elderly people paid for their orders.
In the following three months, Uncle Liu often participated in various activities organized by the club, and successively purchased 5 boxes of "Golden Energy", paid about 40,000 yuan, and received 3 rebates, totaling 8,100 yuan.
By the beginning of August, "Golden Energy" did not show the magical effect of publicity. On the contrary, Uncle Liu and several elderly people who purchased together had symptoms of sweating, stomach pain, and diarrhea. After reporting to the staff, they were not properly resolved. , Uncle Liu complained to the market supervision department.
Investigate criminal liability and compensate for the loss
In September 2018, the market supervision department transferred the case to the public security organ.
In view of the complexity of the case, the Changzhou Economic Development Zone Procuratorate intervened in advance to guide the investigation in accordance with the law.
According to Xie, the person in charge of Qiangsheng Company, the company has been selling imported "Great Salt Lake Water" since 2015.
In order to save costs, since July 2017, he purchased production equipment and "Great Salt Lake Water" concentrated powder raw materials. Without relevant qualifications, he organized workers to blend and fill "Golden Energy" in the basement of a community by themselves. Qiangsheng’s headquarters and 18 stores in Changzhou, Wuxi and Danyang are sold.
After reviewing the case, prosecutor Chen Hongxing of the Procuratorate of Changzhou Economic Development Zone believes that although Xie and his employees deliberately avoided terms such as "drugs" and "treatment" during the sales process, they promoted that "golden energy" can improve symptoms of various diseases At the same time, it also stipulates specific usage and dosage. In fact, "Golden Energy" has been promoted as a product that meets the definition of medicine.
Later, the Changzhou Food and Drug Administration identified the "Golden Energy" involved in the case as a counterfeit drug.
In view of the large number of victims involved in the case and the huge impact, in order to protect the public interest to the greatest extent and recover the losses as much as possible, the public interest litigation prosecution department of the court conducted a civil public interest litigation review of the case.
After review, Qiangsheng Company has sold more than 80,000 bottles of "Golden Energy", with a total sales amount of more than 23.36 million yuan.
In accordance with the relevant provisions of the Consumer Protection Law, the court was petitioned to order the defendant to publicly apologize to the public in state-level media, and pay compensation three times the sales price.
As the amount of the claim exceeded 5 million yuan, it was transferred to the Changzhou City Procuratorate for litigation.
Convina