National Food and Drug Administration reminds: pay attention to two qualifications when purchasing drugs online

National Food and Drug Administration reminds: pay attention to two qualifications when purchasing drugs online


The State Food and Drug Administration recently announced 5 typical cases of illegal drug online sales (the fourth batch), including the case of Li operating drugs without a license through Kuaishou and WeChat, the case of a merchant operating in Kuai Tuan Tuan operating drugs without a license, and the case of Guo selling through WeChat. In the case of counterfeit drugs, Huang Moumou sold counterfeit drugs through Weibo and WeChat, and merchants settled in Pinduoduo and WeChat produced and sold counterfeit drugs.

The State Food and Drug Administration reminds you that when purchasing drugs online, please pay attention to two qualifications: first, the qualification of a drug retail enterprise, whether the “Pharmaceutical Business License” is publicized in a prominent position on the homepage of the website or the main page of business activities; second, the drug qualification, Whether the purchased medicines have obtained the “Drug Registration Certificate” issued by the State Food and Drug Administration.

In addition, please do not purchase medicines from unqualified merchants or individuals through social software, short video content publishing platforms and other channels.

Some products claim to be able to treat a variety of difficult and complicated diseases, or contain absolute terms such as “medicine can cure the disease”, or promote information such as cure rate and effectiveness. Please be careful when purchasing to avoid being deceived. If you discover illegal activities such as selling drugs online without qualification, please report it to the local drug regulatory department in a timely manner.

Typical cases are as follows:

1. The case of Li operating drugs without a license through Kuaishou and WeChat

In March 2023, based on the clues of complaints and reports, the Market Supervision and Administration Bureau of Xiangdong District, Pingxiang City, Jiangxi Province, jointly conducted an investigation with the public security organs to investigate the party Li, and found that the party did not obtain a “Drug Business License” and sold mifepristone tablets and Misoprostol tablets and other drugs for terminating pregnancy, the value of the goods involved in the case was 127,100 yuan.

The above-mentioned behavior of the parties violated the provisions of Article 51, Paragraph 1, of the Drug Administration Law of the People’s Republic of China. In September 2023, the Pingxiang City Market Supervision and Administration Bureau of Jiangxi Province ordered the parties to make rectifications in accordance with Article 115 of the Drug Administration Law of the People’s Republic of China and Article 28 of the Administrative Punishment Law of the People’s Republic of China. , confiscation of the drugs involved, confiscation of illegal income of 127,100 yuan, and administrative penalties of 1.9068 million yuan.

2. The case of merchants operating in Kuai Tuan Tuan operating drugs without a license

In September 2022, based on the clues of complaints and reports, the Chongqing Shapingba District Market Supervision and Administration Bureau investigated a trading company in Chongqing and found that the company did not obtain a “Drug Business License”. On the Internet, the group leader’s account “Maojia Yanxuan” was used to sell external medicines “Japanese Jiuguang Patch” and “Japanese VG Eczema Cream”. The related products did not obtain drug approval documents, and the value of the goods involved was 2.7931 million yuan.

The above-mentioned behavior of the parties violated the provisions of Article 51, Paragraph 1, of the Drug Administration Law of the People’s Republic of China. In January 2023, the Shapingba District Market Supervision and Administration Bureau of Chongqing City, in accordance with Article 115 of the Drug Administration Law of the People’s Republic of China, ordered the parties to close the sales webpage, confiscate illegal gains of 86,700 yuan, and fined the parties 1 million yuan. administrative penalties.

3. The case of Guo Moumou selling counterfeit medicines through WeChat

In March 2022, based on the clues of complaints and reports, the Market Supervision Administration of Xinxiang City, Henan Province and the public security organs conducted an investigation into the party Guo Moumou, and found that the party concerned knowingly knew that the medical beauty products sold by others were counterfeit drugs, at a price that was significantly lower than Botulinum toxin was purchased from Liu Moumou and others at market prices many times through WeChat and sold to all parts of the country through logistics and express delivery. The value of the goods involved was 46,200 yuan.

In July 2023, the People’s Court of Fengquan District, Xinxiang City, in accordance with Articles 141, 67, paragraph 3, 64, 47, 5 of the Criminal Law of the People’s Republic of China, Article 12, Article 15 of the Criminal Procedure Law of the People’s Republic of China, Paragraph 2 of Article 98, Article 114 of the Drug Administration Law of the People’s Republic of China and other laws and regulations, the defendant Guo was sentenced to A certain person was convicted of selling counterfeit drugs and was sentenced to ten months in prison, fined 93,000 yuan, illegal gains of 46,200 yuan recovered, prohibited from engaging in drug sales activities for three years, and ordered to pay punitive damages of 138,500 yuan.

4. The case of Huang Moumou selling counterfeit medicines through Weibo and WeChat

In February 2022, based on the clues handed over by the public security organs, the Longyan City Market Supervision and Administration Bureau of Fujian Province, Liancheng County Market Supervision and Administration Bureau, jointly with the public security organs and other departments investigated the client Huang Moumou and found that the client had not obtained a “Drug Business License”. Produced and promoted and sold “vaccine detoxification pills” through Weibo and WeChat. The related products did not obtain drug approval documents, and the value of the goods involved was 115,000 yuan.

In August 2023, the Liancheng County People’s Court, in accordance with Article 142-1, Article 45, Article 47, Article 53, and Article 60 of the “Criminal Law of the People’s Republic of China” Article 4 and Article 7 of the “Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases Endangering Drug Safety” stipulate that the defendant Huang Moumou was convicted of the crime of obstructing drug management and sentenced to two years’ imprisonment and a fine. 100,000 yuan.

5. Cases of merchants engaged in Pinduoduo and WeChat producing and selling counterfeit medicines

In January 2021, based on clues transferred by relevant units, the Putian City Market Supervision Administration of Fujian Province and the public security organs investigated the parties Huang Moumou and Ke Moumou, and found that the parties had not obtained the “Drug Production License” and “Drug Business License” 》, selling counterfeit Huang Daoyi Huoluo oil and other products produced by the parties on Pinduoduo and WeChat, with a total value of 9.47 million yuan involved.

In June 2022, the People’s Court of Xiuyu District, Putian City, in accordance with Article 141, paragraph 1, Article 25, paragraph 1, Article 27, and Article 67 of the “Criminal Law of the People’s Republic of China” Paragraph 1, Article 64, and Articles 3, 4, 9, 15, and “Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Drug Safety” Article 19 and Article 20 stipulate that the defendants Huang and Ke are guilty of producing and selling counterfeit drugs, and the defendant Huang is sentenced to 12 years in prison and fined 11 million yuan; Ke Moumou was sentenced to three years in prison and fined 500,000 yuan.



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