How to target the treatment of special doctor milk powder chaos
Hunan notification investigation and punishment Yongxing protein solid beverage incident top penalty punishment distributor
● The Yongxing protein solid beverage incident is a solid beverage impersonating special medical milk powder, which leads to severe infant dysplasia. It is a series of illegal operations caused by illegal publicity, illegal sales, and consumer fraud.
● The “Administrative Measures for the Registration of Formula Foods for Special Medical Purposes” sets strict regulations on the approval procedures for special medical foods and the qualifications of applicants. In theory, it is very difficult to obtain the relevant qualifications, but in reality these regulations are not well implemented, thus The phenomenon of mixing fish beads
● Special medical milk powder involves professional fields and is prone to information gaps. Most parents can only rely on the professional advice of doctors and the recommendation of sales staff of maternal and infant stores. Interviewed experts suggested promoting the establishment of a sound national nutrition guidance system, such as providing a dietitian or a national nutrition instructor in the community to provide guidance when people buy relevant food
□ Reporter Ruan Zhanjiang Shuai Biao
A mother and infant store in Yongxing County, Chenzhou City, Hunan Province, has made the latest progress in impersonating a protein solid beverage named "Beminamine" as "special medical milk powder".
On the morning of June 5, the Information Office of the Hunan Provincial People’s Government held a press conference to inform the investigation and disposal of the Yongxing protein solid beverage incident: the distributor was involved in a fine of 2 million yuan for misleading consumers because of false publicity; He was dismissed due to poor supervision and insufficient work intensity; 5 children underwent comprehensive medical examination and did not meet the commonly known symptoms of "big head doll".
Special doctor milk powder chaos
It’s not bad to confuse people
On May 11, Hunan TV's "Jingshi Focus" column reported that a maternal and infant store in Yongxing County sold a protein solid beverage called "Beminamine" as "special medical milk powder" to parents. Many local children suffered from eczema and severe weight loss after eating. Abnormalities such as skull deformities resembling "big-headed dolls" were diagnosed as rickets.
Many parents reported that when they bought "Beminamine", they found that the package said "protein solid beverage", and the shopping guide explained that it was another short name for milk. The media investigation found that "Beminamine" is actually not a special medical use infant formula (ie "special medical milk powder"), but a solid beverage.
The day after the media report, the local quickly established a special working group composed of Yongxing County Market Supervision Bureau, County Health Bureau and other relevant functional departments to conduct a comprehensive investigation of the Aiyingfang maternal and infant stores.
On the evening of May 13, the General Administration of Market Supervision reported that the General Administration of Market Supervision instructed the Market Supervision Department of Hunan Province to conduct a thorough investigation of the merchants involved, severely punish them in accordance with the law, and promptly publish the investigation results to the society.
"In a few months, why did Chenzhou have two similar "big head doll" incidents in succession?" "Why do solid beverages frequently turn into special medical milk powder?" After the incident of Yongxing protein solid beverages, the previous "Shuer's false holiday" "Milk powder" incident has also been raised again.
As early as March 30, a dozen parents from Chenzhou City sent a message entitled "Chenzhou "Big Head Doll" Parents to the Government to Handle the Chenzhou Fake Milk Powder Incident" on the "Ask Hunan" platform. Open letter.
According to the letter, since 2019, many parents in Chenzhou City have found that infants and young children have poor sleep and eczema, and have been diagnosed as allergic to milk by the Children’s Hospital of Chenzhou First People’s Hospital. The doctor recommends replacing the ordinary milk powder with special medical milk powder, and recommends parents to purchase the "Shuerba Amino Acid Nutrition Milk Powder" at the designated pharmacy, that is, the Ma Zigu mother and baby store opposite the hospital.
It is understood that the majority of these infants and young children are less than 3 years old, and some babies begin to drink Shuermen a few months after birth. After taking it for a long time, many children showed obvious signs of "big head doll".
On April 17, the Chenzhou Municipal Market Supervision Administration stated that the Municipal Health and Health Commission had arranged health examinations for the children of the relevant complainants and designated the top three general hospitals as physical examination institutions. The two doctors involved have ceased practice for one year on December 28, 2019, and were suspended for further investigation.
A reporter from "Legal Daily" found out that reports about solid drinks turning into special medical milk powder are common in various places:
In May 2019, Qingdao Jindayang Dairy Co., Ltd. and Ningbo Teyi Food Co., Ltd. were punished by the regulatory department for the production of fake special medical milk powder for solid beverages;
In July 2019, Yaledi formula powder produced by Shandong Fanhe Biotechnology Co., Ltd. did not have the production qualification and involved false publicity;
In August 2019, Jin Dayang Dairy Co., Ltd. was fined by the Huangdao District Market Supervision and Administration Bureau of Qingdao City for 2.382 million yuan due to the sale of its solid beverages as special medical milk powder, and at the same time confiscated illegal income and illegal property of about 21,500 yuan...
False promotion of the business involved
Fined two million yuan
In response to the protein solid beverage incident in Yongxing County, Chen Yuewen, deputy director of the Hunan Provincial Market Supervision Bureau and head of the joint provincial and municipal investigation team, said at a news conference on June 5 that the product involved in the product "Beminamine" is a product of Hunan Weile Health Co., Ltd. commissioned Tianjin Deheng Technology Co., Ltd. to produce a protein solid beverage, with a product conformity inspection report issued by the manufacturer, and a market inspection department entrusted a third-party inspection agency (Guangdong Quality Supervision Food Inspection Station) to issue a random inspection qualification report. .
The provincial and municipal joint investigation team sent the "Beminamine" exhibits discovered by Weileco to the Hunan Food Quality and Safety Inspection Institute for inspection. The 33 major quality and safety indicators inspected met the standards. No food quality and safety issues have been identified. The joint investigation team believes that this incident is a fraudulent and misleading consumption incident in which distributors exaggerate the performance of products in order to expand product sales.
According to the report, it has been found that there is a false or misleading commercial publicity for its products in the baby-friendly maternal and child store, and the "bemine" was declared as a milk powder for sale. The party admitted that the false publicity misleads consumers. fact. On May 28, the Yongxing County Market Supervision Bureau issued the "Administrative Punishment Decision" to the Aiyingfang Maternal and Infant Store, ordering it to immediately stop the false propaganda and impose a fine of 2 million yuan.
The report showed that Chenzhou City and Yongxing County Party Committees and the government attached great importance to this matter, and arranged a comprehensive medical examination of 5 children on May 14 and 15 in the Children’s Hospital (Third Class A Hospital) of Chenzhou First People’s Hospital. , Examination and comprehensive evaluation of basic indicators such as head circumference, physical development, trace elements, and blood routine. On May 19, 20 and 23, the Hunan Provincial Health Commission organized experts from the Department of Pediatrics, Gastroenterology, Neurology and Hematology of the Provincial Children's Hospital to examine and evaluate the physical condition of the five children. After a collective evaluation, the expert group concluded that the five children did not meet the commonly known symptoms of "big head doll".
Regarding the situation of administrative accountability, the report stated that on May 14, the Yongxing County Commission for Discipline Inspection launched an investigation into the performance of the incident, and the members and deputy directors of the party group of the county market supervision bureau who were weak in supervision and insufficient in the incident. Li Jianjun and Chief of Market Order Supervision Cao Shishun were removed from office.
The report stated that in the next stage, the Hunan Provincial Government will urge Yongxing County to continue to strengthen humanistic care and nutrition guidance for the children involved, pay close attention to and promptly handle related consumer complaints, carry out scientific promotion of scientific feeding of infants and young children, and raise consumer food safety awareness and Ability to recognize and identify fakes; carry out in-depth 100-day action on food safety investigation and rectification across the province, highlight the links and areas where rectification problems occur frequently, have higher risks, have a wide range of impacts, and are concerned by the masses, and effectively regulate the food production and operation order of the province.
"To avoid recurrence of similar tragedies, we must implement strict accountability, increase the cost of illegal crimes, and make people dare not take risks." Chen Yunliang, vice president of the Chinese Society of Health Law and dean of the School of Law of Guangdong University of Foreign Studies, believes that although this The matter has already been dealt with such as dismissal of officials and fines by merchants, but for children who have been violated, such punishment and treatment are actually relatively light.
"The Yongxing protein solid beverage incident is a solid beverage pretending to be a special medical milk powder, which causes infants and young children to have severe dysplasia. It is a case of infant and young child health damage caused by a series of illegal operations such as illegal publicity, illegal sales, and fraudulent consumers." Hunan University Law School Jiang Haisong, assistant dean and associate professor, believes that for a long time, people have paid more attention to common milk powder and other popular foods, and have paid insufficient attention to the field of specialty milk powder, which involves minority groups, and the supervision is relatively lax.
Jiang Haisong pointed out that as early as July 1, 2016, China's "Administrative Measures for the Registration of Formula Foods for Special Medical Purposes" was formally promulgated and implemented. It strictly regulates the approval procedures for special medical foods and the qualifications of applicants. Difficult, but in reality these regulations have not been well implemented, resulting in the phenomenon of mixing fish and pearls.
Improve nutrition guidance system
Strengthening supervision and strict accountability
Jiang Haisong believes that my country's current legal responsibilities for food safety are divided into three categories: civil liability, administrative liability, and criminal liability. Among them, civil liability and administrative liability are the main ones. The relevant provisions of criminal liability are few and the standard for filing is high. Although civil liability provides for joint and several liability and punitive damages, for large food companies, it is far from warning and punishment.
"If the market regulation is not strict enough, more merchants will join this black industry chain." Jiang Haisong believes that the relevant stores should take the risk of taking risks in order to obtain benefits, and should also be the focus of supervision, as well as those who promote harmful food. Increase punishment.
"The existing legal system punishes administrative law enforcement personnel for dereliction of duty by the regulatory department lightly, and has fewer restrictions on the inaction of administrative law enforcement personnel. Even if the administrative law enforcement personnel have dereliction of duty and even criminal behavior, they are rarely transferred to Supervisory organs and judicial organs handle it." Jiang Haisong believes that this incident was caused by the omission and malfeasance of the supervisory authority.
Earlier in the industry, the sales channels of special medical milk powder are mainly traditional maternal and child stores and medical channels. Maternal and child stores are generally channels for merchants to make huge profits, and the interests involved behind medical channels are more complicated. Some companies tend to focus on public relations and medical channels, hoping to sell more products through the recommendation of doctors.
In this regard, Jiang Haisong believes that special medical milk powder involves professional fields and is prone to information gaps. Most parents can only rely on the professional opinions of doctors and the recommendation of sales staff of maternal and infant stores. If these people are manipulated by interest groups, the consequences will be disastrous. To this end, he suggested promoting the establishment of a sound national nutrition guidance system, such as providing a dietitian or national nutrition instructor in the community to guide people when they purchase relevant food.
"Commodity operators are not just dealing with the illegal propaganda mentioned in the decision in this incident." Chen Yunliang believes that according to the "Supreme People's Court and Supreme People's Procuratorate's specific application of the law in handling criminal cases of production and sale of fake and inferior commodities" "Interpretation" Article 1, Paragraph 2, the Criminal Law Article 140 of the crime of producing and selling fake and inferior products, "pretending to be true" refers to posing as a product that does not have a certain use performance Product behavior. In this case, the operator was suspected of having “pretended to be a special medical purpose formula milk powder without the function of formula milk powder for special medical purposes” and pretending to be real, and could be held criminally liable for the crime of producing or selling fake and inferior products.
"Some parents make purchases based on the authoritative basis of doctors’ prescriptions. Doctors trusted by parents and the hospitals behind the doctors have not assumed any responsibility in the processing results seen so far. The compensation for the children and parents has not yet been promised, just continue to give Humanistic care and nutrition guidance are unreasonable." Chen Yunliang said.
According to Chen Yunliang, in 2013, the nine ministries and commissions jointly issued the "Opinions on Further Strengthening the Quality and Safety of Infant and Infant Formula Milk Powder", which clearly pointed out that the infant formula milk powder should be strictly managed in accordance with the drug management measures. In addition, according to Article 72 of the Drug Administration Law, medical institutions should review the suitability of physicians’ prescriptions and medication orders. As a professional, doctors recommend solid drinks as special medical milk powder in prescriptions. Public security organs should file an investigation for suspected medical liability accidents. Article 335 of the Criminal Law stipulates that medical personnel who are seriously irresponsible, causing death or seriously damaging the health of the patient, shall be sentenced to fixed-term imprisonment of not more than three years or detention. At the same time, it shall bear corresponding civil compensation liability in accordance with the provisions of the Tort Liability Law.
"Consumers are weak in disputes with commodity sellers and medical institutions, and their ability to protect their rights and interests is poor, making it difficult to form a joint force." Chen Yunliang believes that in such cases, market supervision departments and other relevant units receive When the consumer complains, the relevant clues should be reported to the procuratorial organ after verification, and a civil public interest litigation should be filed in accordance with the regulations. As a state organ, the Procuratorate has the statutory power of investigation, which can solve the problem of difficulty in investigation and evidence collection and proof, greatly reduce judicial costs, and protect the interests of vulnerable groups.