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【Pharmaceutical Network Industry News】According to the provisions of the Drug Administration Law, if there is any of the following circumstances, it is a counterfeit drug: the ingredients contained in the drug do not conform to the ingredients stipulated in the national drug standards; passing off non-drugs as drugs or other drugs as such drugs; spoiled medicines; The indications or functional indications indicated in the drug are beyond the specified range
.
Since the implementation of the new version of the Drug Administration Law, industry supervision has become stricter, and relevant departments have repeatedly made heavy efforts to strictly check whether the production and operation behavior of pharmaceutical companies meets the regulations, and many pharmaceutical companies have been exposed and fined for the production and sale of counterfeit drugs, sounding the alarm bell
in the industry.
Just recently, an administrative penalty information released by the Yunnan Provincial Drug Administration showed that a pharmaceutical company in Yunnan was punished
for selling counterfeit madder.
According to the penalty documents, the parties purchased a total of 15kg of the above-mentioned madder from a company in Yunnan on September 2, 2021, January 24, April 27, and May 11, 2022, with a unit price of 316.
00 yuan/kg, with a total purchase amount of 4740.
00 yuan, and 9kg of sales, with a sales unit price of 320.
00 to 335.
00 yuan/kg.
The total sales amount is 2955.
00 yuan, including 3kg of samples sampled by Yunnan Food and Drug Supervision and Inspection Institute on March 24, 2022, the unit price of the sample purchase is 320.
00 yuan / box, and the purchase amount is 960.
00 yuan
.
The above-mentioned drug inventory was 6kg, which was seized
by the drug regulatory department.
The parties issued a recall notice on May 24, 2022, and as of July 15, 2022, a total of 6kg of the above drugs were recalled, with a total amount of 1995.
00 yuan
.
According to relevant regulations, the above-mentioned pharmaceutical companies were subject to administrative penalties: 1.
confiscation of 12 kg of "madder"; 2.
Confiscation of 960 yuan
of illegal gains.
In addition to the Yunnan Provincial Drug Administration, for example, Credit Jiangsu recently released an administrative penalty information showing that a pharmaceutical company in Wuxi was fined 160,000 yuan and confiscated illegal gains and 20,000 yuan
of illegal property by the Jiangsu Provincial Drug Administration for the production and sale of counterfeit drugs.
According to the newly amended "Drug Administration Law", those who produce or sell counterfeit drugs shall confiscate the illegally produced and sold drugs and illegal gains, and impose a fine of not less than 15 times but not more than 30 times the value of the illegally produced and sold drugs; If the value of the goods is less than 100,000 yuan, it shall be calculated
as 100,000 yuan.
In the past, there were many cases where fines were imposed
for the production and sale of counterfeit drugs.
For example, in August 2021, some media reported that the Jinfeng District People's Court of Yinchuan City, Ningxia Hui Autonomous Region, had concluded a case of production and sale of counterfeit drugs, with the sales amount of the counterfeit drugs exceeding 7.
5 million yuan, affecting more than 20 provinces, autonomous regions and municipalities
across the country.
Among them, two of them were found to be dealing in nine kinds of traditional Chinese medicine drinks, including "Zhongqi Mountain Ginseng", "Wild Ginseng Cinnamon Meat", "Ginseng Peony Medicine", "Solid Kidney Lingweed" and "Ginseng Lily", all of which were counterfeit medicines, and finally the two were sentenced to 12 years in prison and fined 5 million yuan each (a total of 10 million yuan).
In addition to fines, the new version of the Drug Administration Law also implements "punishment to people"
.
For enterprises that seriously violate the law, this punishment is not only imposed on the enterprise in accordance with the law, but also on the legal representative, the main responsible person, the directly responsible managers and other responsible personnel of the enterprise, including confiscation of the income obtained during the period of the illegal act, fines, a certain period of time or even a lifetime ban
.
The industry believes that the sale of counterfeit drugs is very harmful, and the executor not only faces huge fines, but also bears criminal responsibility
.
For pharmaceutical companies, it is necessary to standardize their operations, and at the same time, they also need to carefully identify counterfeit drugs, let alone know the sale of counterfeits
.
Disclaimer: Under no circumstances does the information or opinions expressed in this article constitute investment advice
to anyone.