106 times of illegal addition of safflower extract to new Kangtaike throat refreshing sugar

Chen Shuwei, a professional counterfeiter, sued Zhongmei Shike, saying that the new Kangtaike brand throat refreshing herbal soft candy produced by Zhongmei Shike, as a common dietary supplement, contains extracts of medicinal plants (safflower), which violates the provisions of the food safety law and the rule of law Wang He, a weekend special writer After GlaxoSmithKline encountered the anti bribery storm, its subsidiary, Sino American SmithKline Tianjin Pharmaceutical Co., Ltd., produced the general food new Kangtaike brand throat refreshing herbal throat softener, which fell into the question of consumers Chen Shuwei, a professional counterfeiter, said that recently, the new Kangtaike brand throat refreshing herbal soft candy has been complained and reported 106 times by consumers for suspected illegal addition of "safflower extract" On June 23, 2014, Chen Shuwei also sued three companies, including Sino American Shike Chen Shuwei stated in the civil indictment submitted to the people's Court of Futian District, Shenzhen, that in 2013, he purchased a package of new Kangtaike brand throat refreshing herbal throat moistening soft candy produced by medele (Guangzhou) candy Co., Ltd entrusted by Sino American Shike in the champagne shop of Shenzhen Carrefour Business Co., Ltd., and the product ingredient list was marked with "plant (safflower) extract" Chen Shuwei believes that according to the provisions of Article 28 and Article 50 of the food safety law, the new Kangtaike brand houshuang herbal throat soft candy only has the production license number of common dietary supplement (non Jianzi), which is not a health food, and the addition of "plant (safflower) extract" obviously violates the provisions of laws and regulations In the civil indictment, Chen Shuwei listed the entrusting party, Sino American Shike, the entrusted party, medele company and the seller Carrefour as the defendants According to Chen Shuwei, the case has now been filed As of the press release date, Chen Shuwei said: "I haven't received the summons for court session We didn't hire a lawyer We all went to court on our own " Liu Xinwu, a lawyer from Jiangsu Hengjiu law firm, told the reporters at the rule of law weekend that if the facts are clear and the evidence is sufficient, the entrusted manufacturer, Sino US Tianjin Shike Pharmaceutical Co., Ltd., the entrusted manufacturer, medele (Guangzhou) candy Co., Ltd and the seller, Shenzhen carrefour commercial Co., Ltd champagne store, all need to bear corresponding legal liabilities Guangdong Provincial Department of health: Safflower can not be used as a common food raw material The reporter found that the new Kangtaike throat refreshing herbal throat soft candy is a new product launched by Tianjin Shike Pharmaceutical Co., Ltd of China and the United States It is commissioned by medele (Guangzhou) candy Co., Ltd to produce in batch, with two flavors of mint and lemon, which are packed in boxes and plastic packaging The reporter saw a package of new Kangtaike laryngeal refreshing herbal throat softener, which included white granulated sugar, glucose syrup, water, glucose, gelatin, plant (safflower) extract, brilliant blue, ethanui, menthol, eucalyptus, thyme powder, d-limonene and isoterpinene Its food production license number is QS440113010016, and the product standard number is SB/T10021 gelatin candy (animal glue type) There is no approval number of medicine and health food on the outer package of the product According to Chen Shuwei, according to the food production license number of the product, the product only belongs to the food category and does not have the health care function The reporter learned that as early as may 2013, the Department of health of Guangdong Province had publicly stated that "safflower" was not in the list of articles that are both food and medicine in the notice of the Ministry of health on further regulating the management of health food raw materials (HJF [2002] No 51), "safflower" and "plant (safflower) extract" could not be used as common food raw materials In April 2014, Bao'an branch of Shenzhen municipal market supervision and administration bureau made the decision on administrative penalty to the champagne store of Shenzhen carrefour commercial Co., Ltd (hereinafter referred to as Carrefour champagne store) According to the letter of decision on administrative punishment, the taste of new Kangtaike throat refreshing herb soft candy Mint produced by medele (Guangzhou) candy Co., Ltd sold by Carrefour champagne store from January 1 to July 30, 2013, and the product ingredient tank contains "plant (safflower) extract" "Safflower" is a drug, and "safflower" and "plant (safflower) extract" cannot be used as common food raw materials According to the letter of decision on administrative punishment, the sale of ordinary food with added drugs by Carrefour champagne shop violates Article 50 of the food safety law of China and is prohibited by item 13, paragraph 1, Article 9 of the measures for the supervision and administration of food safety in circulation Bao'an branch of Shenzhen municipal market supervision and Administration Bureau ordered Carrefour champagne store to immediately correct the illegal act, and made a decision to confiscate the illegal income of 6 yuan and impose a fine of 2000 yuan Article 50 of the food safety law stipulates that no drugs may be added to the food produced or sold, but substances that are traditionally both food and traditional Chinese medicine may be added According to the traditional catalogue of substances that are both food and traditional Chinese medicine, it shall be formulated and published by the administrative department of health under the State Council If the facts are true, what is the responsibility of Sino American Shike? Chen Shuwei believes that Sino American Shike and mindler company have the obligation to inspect the food before leaving the factory or selling, and mindler company shall not pass the unqualified products as qualified products In addition, the company is also suspected of deliberately concealing the illegal addition of non ordinary food substances to the products involved in the case and producing and selling them Carrefour has not only the obligation to ask for inspection and certification, but also the legal obligation to inspect food labels According to the provisions of Article 3 of the special provisions of the State Council on strengthening the supervision and administration of food and other products safety, those who do not engage in production and business activities or produce or sell products that do not meet the legal requirements in accordance with the legal conditions and requirements shall be confiscated of their illegal income, products and use them for violation by the supervision and administration departments of agriculture, health, quality inspection, commerce, industry and commerce, and medicine according to their respective responsibilities For tools, equipment, raw materials and other articles produced by law, if the value of the goods is less than 5000 yuan, a fine of 50000 yuan shall be imposed; if the value of the goods is more than 5000 yuan but less than 10000 yuan, a fine of 100000 yuan shall be imposed; if the value of the goods is more than 10000 yuan, a fine of 10 times but less than 20 times the value of the goods shall be imposed; if serious consequences are caused, the original license issuing department shall revoke the license; if the case constitutes a crime of illegal business operation or birth Whoever commits crimes such as the crime of producing or selling fake or inferior commodities shall be investigated for criminal responsibility according to law According to Liu Xinwu, in Chen Shuwei's case, if the facts are clear and the evidence is conclusive, the entrusting party, Sino American Shike, shall be mainly responsible for the consumers, and the producer, medele, and the seller, Carrefour, shall be jointly and severally liable The entrusted manufacturer shall provide evidence of whether the additives in the goods conform to the national standards, laws and regulations, etc The retailer Carrefour champagne shop should play a certain duty of care, such as the obligation to ask for inspection and certification, the legal obligation to inspect food labels, otherwise it should bear the corresponding responsibility According to the interpretation on Several Issues concerning the application of laws in handling criminal cases against food safety issued by the Supreme People's court and the Supreme People's Procuratorate on May 2, 2013, "in the process of food processing, sales, transportation, storage, etc., if toxic and harmful non food raw materials are mixed in, or toxic and harmful non food raw materials are used to process food, according to Article 100 of the criminal law The provisions of Article 44 shall be convicted and punished for the crime of producing and selling toxic and harmful food Where toxic or harmful substances such as drugs banned by the state are illegally added to health food or other food, the provisions of the first paragraph shall apply to conviction and punishment " As for whether Sino American Shike and other companies need to bear criminal responsibility, Lawyer Liu Xinwu told reporters: "it is necessary to provide identification conclusions by identification agencies with relevant identification qualifications, based on facts and evidence, to determine whether plant (safflower) extracts are toxic and harmful substances, and then determine whether Sino American Shike constitutes a crime." The reporter also found that the new kontec laryngeal Shuang formula sold in some places has been changed, "plant (safflower) extract" has been changed to "safflower yellow extract concentrate" According to Lawyer Liu Xinwu, changing the formula belongs to the correction of past illegal behaviors, otherwise the product should be removed from the shelves and stopped selling It does not affect the responsibilities of the two countries Can ordinary food be sold in drugstores? Chen Shuwei thought: "if the new Kangtaike laryngeal refreshing herbal laryngeal soft candy does not have the health care function, the product cannot be sold in domestic drugstores." For Chen Shuwei's claim, food safety Lawyer Liu Xinwu told reporters that the main business of drugstores should be drugs Drugstores can apply for the health license for health food business enterprises according to the requirements After receiving the license, they are allowed to operate health food, that is, food with "health brand" But whether ordinary food can be operated depends on the specific scale of each drugstore and whether the corresponding food operation license has been obtained in the industrial and commercial administration department "Drugstores need to put on record in the Administration for Industry and commerce to change their business scope before they can sell ordinary food." According to Article 18 of the measures for the supervision and administration of drug circulation, pharmacies should not only place and sell prescription drugs and over-the-counter drugs by category, but also clearly place them by category if they are allowed to operate health products and food, so as to avoid misleading consumers Previously, a media reporter called Sino American Shike as a consumer, and its staff said that all major pharmacies in China sell new Kangtaike throat refreshing herbal throat moistening soft candy However, Liu Xinwu told the rule of law Weekend reporter: "as a common food, the new Kangtaike laryngeal refreshing herbal laryngeal soft candy may mislead consumers, suggesting that consumers have the same or similar effect with the drug." According to the reporter's investigation, other throat moistening sugar brands, which have the same efficacy as the new Kangtaike throat refreshing herbal throat moistening soft sugar, have different formulas and functions The blue hat logo of health food printed on the package includes: Nanjing nianci'an loquat loquat loquat loquat sugar, infinitus limitless Yugan Qingrun tablet loquat sugar, PanGaoShou Chuanbei loquat sugar, Liangsheng brand pangdahai Qingyan sugar, etc Brands without blue hat logo include Wang Laoji's throat moistening sugar (paper box), honeysuckle's throat moistening sugar, 999's throat moistening treasure (45g iron box), fat sea honey's loquat sugar, etc Zhao Xinhua, Deputy Secretary General of China Health Care Association, said: "there are two conditions for the application of Runhou sugar as a health food One is that there are components of the same origin of medicine and food in the formula or that can be included in the health food according to the national regulations The other is that there are one or two functions of 27 kinds of health food according to the national regulations However, if the batch number of health food is not applied for, even if the ingredients with the same origin of medicine and food are added, the health effect cannot be publicized " "If it is a product with legal procedures and legal production and operation, it is a product that highlights the efficacy of a certain ingredient in food and can be publicized legally," Lawyer Liu Xinwu told the law Weekend reporter Otherwise, it is suspected of illegal publicity "