The Supreme People’s Procuratorate of the People’s Republic of China, State Administration for Market Regulation and National Medical Products Administration have issued 15 typical cases of the special tasks for food and medicine security on February 19th, which has strong juridical instruction and social impact.
- Shanghai - Production and operation of fake production date marks on foods
This case is the typical case for the punishment on illegal acts as distortion of production date and the protection for food security. Multiple measures shall be implemented together, using inner report and remote video monitoring to build an edge tool for comprehensive law enforcement.
- Shandong - Failure to act the responsibility of platform
This case is the typical case for the online transaction platform as a third party failed to act the responsibility of platform. Innovate new mode of law enforcement, using big data to carry out comprehensive real-time monitoring, grab relevant clues and lock illegal evidences.
- Jiangsu - Beer production and operation without obtaining due license
This case is the typical case for food production without permission using franchise as a cover. The tasks shall be arranged overall to gain powerful cooperation. Help enterprises to recover for business and production by the law enforcement with “temperature”.
- Henan - Sale of inferior medicine
Punishment for the production and sale of fake medicines and inferior medicines must aim at the key points, pay attention to find the source of the case and lock the evidence. Punishments for the production and sale of fake medicines and inferior medicines shall be increased, curb the illegal acts and better ensure the safe use of medicine for the people.
- Jiangsu - Illegal use of factory name and site from others on cosmetics and publication of fake advertisements
For the parties do not cooperate with the administrative investigation resulting in "zero confession", full reasons and complete procedures shall be given. Change the thought to handle the case in time and form a complete chain of evidences while fully protecting the rights of the parties and informing due legal obligations.
- Guangdong - Production of unapproved special purpose cosmetics using prohibited raw materials
Crack down on the illegal use of prohibited raw materials of cosmetics production by cosmetics business enterprises and the repeated prohibition of the production of special-purpose cosmetics without obtaining the approval number. It reflects the determination of the medicine regulatory authorities to resolutely safeguard the safety of cosmetics.
- Shanghai - Production and sale of toxic and harmful food, and unlawful business operation
Strictly investigate the clues of crime and form a "full coverage" strike. Remind consumers to enhance awareness of prevention, effectively curb the expansion of the scope of harm. The Procuratorate started the public interest lawsuit examination procedure in time, explored the "consumption risk warning before lawsuit" for the first time.
- Jiangsu - Production and sale of food that does not meet safety standards
Strengthen the comprehensive application of punishments, severely punish crimes in property penalties, increase economic sanctions, and deprive offenders of the ability to commit crimes again.
- Anhui - Production and sale of fake medicine
Put stricter punishment and deter crime. Strengthen the cooperation with police to form a complete chain of evidence.
- Beijing - Counterfeiting of a registered trademark
Actively participate in social governance, put forward suggestions in brand protection, and provide guidance for enterprise property rights protection, production and management. For the problems exposed in this case, it shall be accurately studied and judged according to law, timely issue procuratorial suggestions, and promote the purification of the industry environment.
- Jilin - Production and sale of toxic and harmful food
As a special kind of food, there are many illegal and criminal problems of health food with serious social harm. Punish the whole chain of production and sale according to law, clear from the source of production to the end of the sales. Guide consumers to establish the healthy consumption views.
- Heilongjiang - Sale of fake and inferior products
Focus equally on publicity and supervision, interpret cases through laws, fully protect the legitimate rights and interests of farmers. Strengthen the propaganda of law to farmers and enhance awareness of right protection through multiple ways as information distribution and discussion.
- Gansu - Production and sale of toxic and harmful food
The Procuratorate has discussed many times for the fact determination and evidence acceptance of the case, consulted experts and professors who studied food safety, and finally put forward accurate sentencing suggestions to each defendant on the basis of testing.
- Hu’nan - Administrative public interest lawsuit on hidden danger of infant formula food safety
The Procuratorate always insist to put life and health safety of people in the first place, intervene in sensitive cases of social attention, people's concern and public focusing in a timely manner, eliminate the negative impact of the incident, and promote comprehensive management in the field of food safety.
- Sichuan – Civil public interest lawsuit for production and sale of toxic and harmful food
Determine the applicable standards of punitive damages in a reasonable and accurate way based on the amount of illegal sales, overall consideration of the infringer's subjective fault, time duration, property status and public sentiment, steadily promote the practice exploration for punitive damages of civil public interest lawsuits.
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Mr. Mike Chang (Partner)