Chinanews.com, February 8. According to the website of the State Administration for Market Regulation, since the launch of the special governance action on outstanding issues in the medical beauty industry, the State Administration for Market Regulation, the Ministry of Public Security, the Ministry of Commerce, the National Health and Health Commission, the General Administration of Customs, the State Administration of Taxation, 11 departments, including the State Cyberspace Administration, the State Administration of Traditional Chinese Medicine, the State Food and Drug Administration, the Supreme People's Court, and the Supreme People's Procuratorate, continued to increase their crackdown on illegal and criminal activities in the medical beauty industry, investigated and dealt with a number of major illegal cases, and solved one batch of criminal cases.
Now select a batch of illegal and criminal cases to be exposed.
1. The "3.30" case of producing and selling counterfeit medicines in Luzhou, Sichuan
The public security agency in Luzhou City, Sichuan Province discovered that a criminal gang headed by Lin Moumou rented private houses to set up production dens, purchased raw materials to mass-produce fake numbing creams and medicines for medical cosmetic surgery, accepted orders through network contacts, and developed layer by layer offline for external sales. .
At present, the public security organs have arrested 15 criminal suspects, destroyed 6 black dens, 1 production line, seized more than 40,000 cans (branches) of fake medicine products, and 10 sets of counterfeit equipment, involving more than 120 million yuan.
2. The case of producing and selling counterfeit medicines by Wang in Nantong, Jiangsu, and Wang in Guangzhou, Guangdong
The work of the public security organs in Nantong City, Jiangsu Province, and Guangzhou City, Guangdong Province discovered that since 2019, Wang Mou, Wu Moumou and others have set up dens to illegally produce unapproved botulinum toxin, hyaluronic acid, and water light needles under the guise of cosmetics companies. Injections for medical cosmetology are distributed to cosmetology institutions through WeChat and other means.
At present, the public security organs have arrested 52 criminal suspects, destroyed 9 dens of counterfeit medicines, destroyed 6 criminal gangs in production, packaging, transfer, storage, and distribution, and seized a large number of finished and semi-finished injections such as botulinum toxin and hyaluronic acid. The amount involved was more than 200 million yuan.
3. The case of selling counterfeit medicines by XX in Changsha, Hunan
The work of the public security agency in Changsha City, Hunan Province found that from November 2021 to February 2022, Long Moumou purchased botulinum toxin from others that he knew did not contain the corresponding botulinum toxin, and successively sold it in Tianxin District and Yuelu District, Changsha City, Hunan Province. Set up dens, publicized and sold 35 boxes of botulinum toxin labeled "REN TOXA type botulinum toxin", "BOTULAX botulinum toxin", etc., and illegally earned RMB 1,740.
According to the market supervision and management department, the botulinum toxin sold by Long Moumou is all counterfeit drugs.
In October 2022, the People's Procuratorate of Tianxin District, Changsha City, Hunan Province prosecuted the defendant Long Moumou for the crime of selling counterfeit medicines, and proposed a definite sentencing recommendation.
On October 14 of the same year, the People’s Court of Tianxin District, Changsha City adopted the sentencing recommendations of the procuratorate, comprehensively considering the mitigating circumstances of Long Moumou’s self-surrender, first offense, voluntary admission of guilt and punishment, and voluntary return of illegal gains, and sentenced the defendant to the crime of selling counterfeit medicines Long Moumou was sentenced to seven months in prison and fined RMB 15,000.
4. The case of Hebei Hengshui Shangaimei Medical Cosmetology Co., Ltd. using medical devices that have not been legally registered and have no qualification certificates
In the process of medical beauty operation, the party used unregistered and unqualified medical devices such as intestinal hydrotherapy machine, fractional laser skin tightening instrument, ultrasonic scalpel therapeutic instrument, red and blue light therapeutic instrument, and water light instrument.
In November 2022, the Hengshui City Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law, confiscated the relevant medical devices involved in the case, and imposed a fine of more than 360,000 yuan.
5. The case of Jiangsu Danyang Xingfan Plastic Surgery Co., Ltd. using expired medical equipment
During the inspection by the Market Supervision and Administration Bureau of Danyang City, Jiangsu Province, it was found that various drugs such as recombinant human basic fibroblast growth factor for external use, vitamin C injection, compound angelica injection, etc. The first-class medical devices such as line medical care kits have exceeded the shelf life; the imported general drugs named "SM LIDO Cream 10.56% Rapid and clean cream" have not obtained the drug approval certificate; the imported medical products named "FILLMED laboratories NCTF135HA" have been used Devices, failed to issue the filing or registration materials of the product and other materials proving its legal source.
The above-mentioned acts of the parties violated relevant regulations such as the Drug Administration Law of the People's Republic of China and the Regulations on the Supervision and Administration of Medical Devices.
In August 2022, the Danyang City Market Supervision Bureau ordered the parties concerned to correct their illegal acts according to the law, gave them warnings, confiscated illegally used medical devices and drugs, ordered them to suspend production and business for 5 days for rectification, and fined them 182,000 yuan.
6. The case of Liu Mouli practicing law without authorization
Liu Mouli has not obtained a medical institution practice license and a doctor's practice qualification. From June 2019 to January 2022, she performed eyebrow cutting, eye bag cutting, and side lifts for many people in several residential areas in Dalian City, Liaoning Province. , thread carving and other medical beauty diagnosis and treatment services.
Liu Mouli's behavior violated the relevant provisions of the "Basic Medical Health and Health Promotion Law of the People's Republic of China".
In October 2022, the Health and Health Bureau of Shahekou District, Dalian City, Liaoning Province ordered Liu Mouli to stop practicing activities, confiscated illegal income, drugs, and medical equipment, and imposed a fine of 145,000 yuan.
7. Advertising Illegal Case of Shanghai Dr. Guang Medical Cosmetology (Minsheng Road Store)
The merchant “Guangdoctor Medical Beauty (Minsheng Road Store)” set up by the parties on the Dianping platform sells the “Private Firming Famili” medical beauty service item, which uses the medical device Femilift Fractional Treatment and carbon dioxide laser treatment The instrument acts on the private parts of women.
The "Product Description" page promotes the use of sexually suggestive words, which is against social good manners.
The above acts violated the relevant provisions of the Advertising Law of the People's Republic of China.
In November 2022, the Shanghai Pilot Free Trade Zone Market Supervision Bureau imposed an administrative penalty of 200,000 yuan on the party concerned according to law.
8. Changsha Cotton Candy Media Co., Ltd. organized false transactions
The party concerned signed a "promotion cooperation agreement" with Hunan Qihe Medical Cosmetology Co., Ltd. (hereinafter referred to as "Qihe Company", which has been investigated and dealt with in a separate case), to increase the sales volume of Qihe Company's stores on the Dianping platform through the form of empty orders; By building a comment base and in the form of real people swiping orders, it helped Qihe Company improve its ranking in the "Qihe Medical Beauty" store on the Dianping platform.
The above-mentioned actions of the parties have violated the relevant provisions of the Anti-Unfair Competition Law of the People's Republic of China.
In November 2022, the Market Supervision Bureau of Kaifu District, Changsha City imposed an administrative penalty of 210,000 yuan on the party concerned in accordance with the law.
9. Guangzhou Customs Anti-smuggling Bureau's crackdown on smuggling of medical beauty products
Under the unified command of the Anti-smuggling Bureau of the General Administration of Customs, Guangzhou Customs Anti-smuggling Bureau and Dalian Customs Anti-smuggling Bureau launched the "Fenfa 25" special action to combat smuggling of medical beauty products, and successfully destroyed 4 smuggled medical beauty products through postal channels and "water customers" channels. The criminal gangs involved in the case destroyed 3 storage and sales dens, seized more than 4,000 boxes of medical beauty products involved in the case, and arrested 12 criminal suspects.
According to the investigation, the criminal gang shipped medical beauty products such as hydrating needles and hyaluronic acid originated in France and Italy to Hong Kong, smuggled them into the country through false declarations, and then sold them in the country for illegal profits.
The total case value of this series of cases is about 160 million yuan, and the tax evasion exceeds 30 million yuan. At present, the investigation of this case has been completed and transferred to the Guangzhou Municipal People's Procuratorate for review and prosecution.