"Foreign medicine" purchasing survey said more than 70% of counterfeit

Absrtact: With the network transaction and the rise of overseas purchasing, more and more people began to be eager to obtain the required foreign goods through the online shopping, ranging from clothing, food to medicine, health products development. As everyone knows, according to our criminal law, for others to purchase overseas

With the rise of network transactions and overseas purchasing, more and more people are eager to get the overseas goods through the way of online purchase, ranging from clothing, food to medicine, health products development. As you can imagine, according to China's criminal law, the purchase of foreign drugs for others and the sale of foreign drugs on the Internet may constitute a crime.

This year, the People's Court of Pudong New area has heard many cases of such crimes. Reporter interviewed to understand that, without the guidance of the Doctor "Sea Amoy" drugs, belong to the consumer spontaneous behavior, the problem of protection of the cost is very high, and difficult to safety. Recently, the "Internet Food and drug management measures (draft)" For the first time to release prescription drugs in the electricity business channel sales, may be able to fill the legal gaps in the purchase of drugs online.

Phenomenon

Sea Amoy drug business booming

Miss Wu, born in 1986, wants to start her own business after graduating from college. Accidental opportunity, she learned from others that the medical treatment of Germany produced a remarkable effect, in the market is very popular. Since February 2013, in the absence of a drug business license, she opened a "German shopping shop" Taobao shop, sales from the German entity pharmacy website purchased drugs, after the increase in online sales.

September 12 of that year, public security personnel in Miss Wu's residence on the spot to sell the German children fruit cough Syrup 28 bottles, children cough and anti-inflammatory syrup 15 bottles, children cough and anti-inflammatory drops 10 bottles, children cough syrup 28 bottles, cough effervescent tablets 7, infants and toddlers nasal essential oil 48 bottles, Sinupret oral liquid 6 bottles, A total of 7 142 pieces of medicine. After identification, the above-mentioned drugs involved in the drug are treated as counterfeit drugs.

After hearing the court, the defendant Wu knowingly sold the counterfeit drugs, violating the National Drug Administration system, and its behavior has constituted the crime of selling counterfeit drugs. According to the fact of the defendant's Wu crime, the nature of the crime, the plot and the harm to the society, he was sentenced to 6 months imprisonment, suspended for 1 years, and fined 2000 yuan.

Coincidentally, the young mother of Miss Huang in a maternal and child supplies shop engaged in sales work. I heard that the German-made Ambroxol oral liquid medicine for the treatment of children with a cough has a significant effect, since February 2013, she has purchased a number of such drugs from outside the network, and use the Internet for each bottle of RMB 30 to 55 yuan to the price of the external sales.

October 21 that year, the police in Miss Huang's residence seized to sell the above-mentioned drugs 35 bottles. Another investigation, Miss Huang has accumulated sales of the above-mentioned drugs 20 bottles. After identification, the involved in the Ambroxol oral liquid is the counterfeit drugs as a counterfeit. In the court, Miss Huang said: "I mainly sell mother and child supplies, I was for my children to eat, because the hospital line to see too many people, I also know this medicine in the mother group." ”

After hearing the court, the defendant Huang knowingly sold the counterfeit drugs, violating the National Drug Administration system, and its behavior has constituted the crime of selling counterfeit drugs. According to the facts of the crime, the nature of the crime, the plot and the harm to the society, the sentence was sentenced to 5 months detention, suspended for 5 months, and fined 2000 yuan.

Unlike the sale of infant and young medicines, Mr. Zhang is a mother's disease and walks into the sea Amoy drugs circle. Mr. Zhang, who was born in 1980, is an engineer in a technology company. Since October 2012, Mr. Zhang's mother has been diagnosed with cancer, and she has bought drugs from other people in India for cancer treatment.

According to Mr. Zhang, I bought 30 bottles of less than 1000, including his mother's own, and after his mother's death, some of the rest were sold, and a portion was given to a roommate. "It is understood that Mr. Zhang at home through the Internet to increase sales." September 3, 2013, the public security personnel from Mr. Zhang's residence seized a total of 1140 tablets of the above-mentioned drugs. After identification, the above-mentioned drugs are treated as counterfeit drugs.

In court, Mr. Zhang defended himself: "I did not know this is counterfeit, because this medicine and the composition of the real medicine, I am not used to sell on the internet, when my mother's roommate feel good eating, just to buy." "After the court considered that the defendant Mr. Zhang knowingly is counterfeit drugs to sell, violated the state drug control system, its behavior has constituted the crime of selling counterfeit drugs." In view of his confession, the court was sentenced to 1 years and 6 months in accordance with the law, suspended for 1 years and 6 months, with a penalty of 10000 yuan.

Investigation

It is difficult for users to keep drugs safe

The reporter learned that most of the foreign drugs and health care products have not been sold through formal trade channels in the market. In many network parent-child group, nearly 70% of parents favor the overseas medicine and the health care product, thinks their curative effect is better than homebred. Hai is one of the most common ways to buy these parents, mainly from Japan, the United States, Singapore, Thailand and other countries.

On Taobao, the reporter found that the foreign drugs involved in the type of medicine, adult oral tablets, trauma potions and drug oil. And most of the health products from Europe, including nutritional supplements, with some of the maintenance effect of certain products. And the same drug or health products, there are ten or twenty different businesses in sales, sales price some difference between several yuan, and some dozens of yuan, difficult to distinguish between true and false. Although the sea Amoy shopkeepers sell mostly over-the-counter drugs, it does not mean absolute safety. Any drug has the corresponding efficacy, indications, side effects and possible adverse reactions, and some of the sea Amoy drugs without Chinese instructions, the use and understanding of inevitable deviations.

For example, in a number of sea Amoy mother and child website best-selling products, "small bee ointment", there have been professionals who have questioned the possible toxicity, in their product specifications, labeled the use of children over 2 years of age and adults, if a mother blindly fashion "sea Amoy" to the 1-year-old baby to use, there is no problem. And the internet is highly respected for the monkey JuJube scattered, Bao-Dan, and so on, due to the composition of the lead and controversial.

At the same time, as early as 2007, the Shanghai Food and Drug Administration has issued a warning that the Indian version of Iressa is counterfeit, however, there are still some misunderstanding, that as long as the drug is the real medicine, even generic drugs, is also "counterfeit and shoddy." However, China's drug use, sales have a strict management system, unregistered certified drugs are criminalized, sellers suspected of violating the crime of selling counterfeit drugs.

The judge told reporters that the domestic sales of foreign enterprises for the production of drugs, China's laws have strict provisions, it must be in China's food and drug regulatory authorities to be approved before sales in the country. This request, the main reason is that the drugs produced by foreign enterprises fail to pass the inspection, testing and evaluation of the drug supervision and quality inspection departments in China, and their curative effect and adverse reactions cannot be grasped by our medical department, and blind to their use may cause serious and incalculable influence on the health of our citizens. Therefore, for this type of drug that has not been approved for sale by our drug authorities, according to our Drug Administration law, all medicines are treated according to counterfeit drugs.

If the above-mentioned drugs purchased outside the country for sale, because of the possibility of endangering the health of other citizens, the sale of foreign drugs in China under the criminal law has constituted the crime of selling counterfeit drugs. Therefore, in this reminder to the general public friends, for their own and other people's health, not blindly buy on the internet without the approval of China's drug regulatory authorities to sell drugs, not to resell the drug to others, otherwise, their own sales of foreign drugs may be suspected of crime.