[Explanation] Recently, it was reported on the Internet that "baby's antibacterial cream turned into a big-headed baby". In response to this incident, the health department of Zhangzhou City, Fujian Province stated that it has ordered the antibacterial cream company to recall the product involved and contacted an authoritative testing agency After further testing, the company involved has suspended production and notified the distributor to remove all products involved.
On January 11, the reporter interviewed Ding Zhaozeng, an expert member of the Fujian Law and Legal Talent Pool, an associate professor and master tutor of Fujian Normal University Law School, on the incident.
[Concurrent] Ding Zhaozeng, an expert member of Fujian Law and Legal Talent Pool
The producer or seller of the cream incident violated the product quality law, disinfection management measures, and the advertising law and other relevant laws. According to the above relevant laws, the producer, operator or seller should be ordered to stop production , And to confiscate all production and sales products. In addition, if the circumstances are serious, the business license must be revoked.
[Explanation] Back to January 7th, a Weibo blogger revealed that a parent used the "Yifulin Multi-effect Special Antibacterial Cream" produced by Fujian Ouai Infant and Child Health Care Products Co., Ltd. for the child, only 5 A month-old baby girl becomes a "big head doll" weighing 22 kg.
After going to the hospital for an examination to no avail, the child’s parents contacted the blogger, and the blogger sent the "Yifulin Multi-Effect Special Antibacterial Cream" and another baby cream from the same manufacturer, "Happy Forest", to professional institutions for testing. The test results all contained hormones exceeding 30mg/kg, and the above two types of products have obtained the license number of "(Min) Weixiaozheng".
The "big head doll" incident has aroused many concerns.
[Concurrent] Ding Zhaozeng, an expert member of Fujian Law and Legal Talent Pool
Products related to face cream have sub-makeup size and elimination size. Makeup size is approved by the country’s drug regulatory authority, so external identification labels or instructions must contain all the ingredients, and the elimination size is done by the health department After review, it was forbidden to add any hormones. In this incident, the cream was a product with a brand name, but in the end we saw that the test results contained hormones. According to the provisions of the disinfection management measures, the producer also constituted a This infringement of consumers’ right to health is also an illegal act.
[Explanation] According to reports, the child's parents stopped using the product on the advice of a doctor.
At present, the child's weight has returned to a normal level, but there are still more hairs, slow metabolism, etc., and need to recover slowly.
The child’s parents hope that the manufacturer involved can pay for the child’s treatment and apologize publicly.
[Concurrent] Ding Zhaozeng, an expert member of Fujian Law and Legal Talent Pool
So this incident is a very typical major social incident that has a serious impact on the health rights of infants and young children.
For the victims, they can negotiate with the producers and sellers. This is legally defined as a self-negotiation method. Then the second way is to resolve disputes between them through the intervention of a third-party agency. Institutions include like consumer associations.
The third consumer can also appeal to the administrative department, and the administrative department will intervene to coordinate the settlement.
The fourth method, if the two parties can reach a written agreement and are willing to choose an arbitration institution, then the dispute between them can be resolved through arbitration. If the above methods cannot be resolved, or consumers may not choose the above methods , Then you can directly file a lawsuit with the people’s court.
[Explanation] At present, the incident is under further investigation.
Zhangzhou has set up a special work team for the first time to take samples of retained samples and product packaging materials found on the spot, and has contacted the Xiamen Customs Comprehensive Inspection Center to carry out the hormone content testing of the involved products. For products that enter the market , Is continuing to track the progress of the recall, and will be tested after being sent back, and relevant information will be disclosed in time.
Reporter Wu Shengwei reports from Fuzhou, Fujian
Editor in charge: [Bian Liqun]