Five people detained for selling aphrodisiac drugs in pharmacies

The pharmacy sold 80% of the gross profit problematic aphrodisiac drugs were investigated, and 5 related suspects were detained

Sales of impotence drugs were investigated and 5 people were detained

According to the Taizhou Evening News, a consumer recently reported to the local regulatory authority that two pharmacies in Taizhou, Zhejiang were selling problematic aphrodisiac drugs.

It is understood that a man in Linhai City, Taizhou, bought three aphrodisiac drugs in a pharmacy.

In response to this situation, law enforcement officials immediately notified the police station and set up a joint task force to conduct surprise inspections of the pharmacy

The person concerned explained that the "aphrodisiac" was bought from WeChat at a price of 2.

Using the confession of the parties, WeChat chat records, licensed pharmacists and salespersons and other breakthrough points, the task force captured WeChat business in Wenzhou

According to Article 38 of the Food Safety Law and Article 20 of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Endangering Food Safety, foods shall not be added with medicines (in accordance with tradition, both food and Except for substances that are Chinese medicinal materials), sildenafil should be recognized as a toxic and harmful non-food raw material

In addition, according to Article 144 of the Criminal Law of the People’s Republic of China: the food produced or sold is mixed with toxic or harmful non-food raw materials, or the food is known to be mixed with toxic or harmful non-food raw materials.

Anyone who causes a serious food poisoning accident or other serious food-borne illness that causes serious harm to human health shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50% but not more than two times the sales amount

At present, the public security department has locked up 5 suspects in this case.

Illegal sales of health products, the pharmacy owner even fined and compensated 950,000

Although the above-mentioned cases are still under investigation, according to relevant laws and regulations and similar cases below, the persons involved are likely to be severely punished

Changsha Evening News reported that in December 2020, the owner of a pharmacy in Changsha was sentenced to 4 years in prison, with a fine of 950,000 yuan, for seeking illegal gains and selling "sildenafil" and "tadalafil".

It is reported that between July 2017 and March 2018, there were 4 people involved in the drugstore

In the end, the court found that all four of the pharmacy were guilty of selling toxic and harmful food, and the owner was sentenced to 4 years in prison and a fine of 400,000 yuan; Zhang was sentenced to 1 year and 9 months in prison and a fine of 200,000 yuan; and Zhu was sentenced to A certain fixed-term imprisonment was 1 year and 3 months and a fine of 110,000 yuan; Zhang Mowei was sentenced to 1 year and 2 months imprisonment and a fine of 70,000 yuan

The court also supported all the procuratorial organs’ attached civil public interest litigation requests, requiring the four people and the pharmacy company to publicly apologize and pay more than 550,000 yuan in compensation for three times the sales price of toxic and harmful health products

According to the Legal Daily News, a pharmacy in Shandong was reported by a customer that the health care products sold were fake.

It was found that the pharmacy owner was a sub-seller of a health product e-commerce company, and his superiors had illegally sold "Kangaroo Essence", "A shot to dawn", "Gold 5000", and "Golden 5000" through micro-business and online shopping platforms since 2018.
"Golden Maca" and other health products have sold more than 300,000 yuan in more than one year
.

According to the final court verdict, the sales amount of the superior seller reached more than 300,000 yuan.
The circumstances were serious.
He was sentenced to 5 years and 6 months imprisonment and fined RMB 620,000, and issued an apology in mainstream media
.

Whether the "aphrodisiac" containing sildenafil is a fake drug depends on the opinion of the inspection department

It is worth mentioning that some viewpoints believe that "aphrodisiacs" containing sildenafil can be defined as counterfeit drugs
.
In this regard, Deng Shiyun’s criminal lawyer team wrote that counterfeit drugs must first have the form and basic attributes of drugs (drug packaging, indications), and secondly, they must meet the four definitions of counterfeit drugs in the New Drug Administration Law:

1.
The ingredients contained in the drug do not conform to the ingredients prescribed by the national drug standards;

2.
Passing off a non-drug as a medicine or using another kind of medicine as such a medicine;

3.
Deteriorated drugs;

4.
The indicated indications or functional indications of the medicine are beyond the prescribed scope
.

In addition, the newly revised "Drug Administration Law" has deleted the provisions of the original "Drug Administration Law" on "disposing of counterfeit drugs".
Therefore, the identification of counterfeit drugs must have the quality inspection opinions of the drug inspection agency, and the corresponding Drugs are identified as fake drugs on the grounds of drug license and approval
.