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14 sentenced for producing and selling fake and shoddy cosmetics

浏览量:466 来源:正义网 编辑:广州澳歌立可植物技术开发有限公司 Post time: 2019-08-28 Views: 466 Source: Justice Network Editor: Guangzhou Aoge Li Ke Plant Technology Development Co., Ltd.

Ms. Wang, a citizen of Xinghua, Jiangsu, bought a set of cosmetics at a beauty salon for 3,000 yuan and used it continuously for several days. However, she was even brought into the ICU because she had kidney disease due to mercury poisoning. After the incident, Ms. Wang called the police. With the joint efforts of the judicial authorities, a “white channel” in the production and sale of “whitening” cosmetics with mercury exceeding 10,000 times the standard was uprooted.

Not long ago, the second trial of this case involving the production and sale of fake and shoddy cosmetics in nearly 20 provinces and cities including Jiangsu, Liaoning, and Tianjin was announced. The 14 defendants and two defendant units were sentenced for the crime of producing and selling fake and shoddy products. Two of them, Duan Nian and Li Zhiming, were each sentenced to seven years in prison and fined 250,000 yuan.

Aiming at the cosmetic regulatory loopholes exposed in this case, the Xinghua Procuratorate recently issued a procuratorial recommendation to the city's market supervision and management department, recommending that the supervision of the beauty industry be strengthened to effectively protect consumers' health rights.

I wanted to be beauty, but unexpectedly mercury poisoning

Although Ms. Wang has passed her puberty, her acne still resides on her face, adding a lot of annoyance. In November 2017, Ms. Wang came to a beauty salon in town on the recommendation of a friend and asked for acne. The owner of the beauty salon immediately promised the effect of acne removal, and strongly recommended a set of beauty cosmetics called "Chinese medicine hall". Since then, Ms. Wang insisted on doing beauty treatments every day.

Half a month later, the acne on Ms. Wang's face really improved a lot. At the suggestion of a beautician, Ms. Wang changed to a beauty treatment every two days and bought a set of "Chinese medicine hall" cosmetics for home use. Unexpectedly, after using it several times, Ms. Wang's face became allergic, and then her body began to swell. On February 4, 2018, Ms. Wang went to the Jiangsu Provincial Hospital of Traditional Chinese Medicine for an examination, and was found to have kidney disease caused by mercury poisoning. During the sudden coma, she was admitted to the ICU for half a month.

Immediately after the incident, Ms. Wang called the police. On March 3, 2018, the Taizhou Food and Drug Administration, together with the Xinghua Public Security Bureau, inspected the beauty salon, seized relevant cosmetics and tested them. The state has ordered that the amount of mercury added to cosmetics should not exceed 1 mg / kg, and after testing, the mercury content of "Traditional Chinese Medicine Church" series cosmetics has reached 2193 mg / kg to 13448 mg / kg. On March 9, the same year, Xinghua City Public Security Bureau filed an investigation into the case and quickly captured Zhao and Yuan, the suppliers of cosmetics in the "Traditional Chinese Medicine Church" series. After further investigation, nine people including Duan Nian and Li Zhiming and other persons involved in the case were arrested in Guangzhou and other places. Due to the seriousness of the case, the sales area of the fake and shoddy cosmetics involved nearly 20 provinces and cities such as Jiangsu and Liaoning. On May 23, 2018, the State Administration of Market Supervision and Administration sent a special supervisor to handle the case.

Production and sale of "whitening" cosmetics

Upon investigation, in January 2016, the defendant, Duan Nian, registered Hong Kong Yilin Biotechnology Company (hereinafter referred to as "Yi Lin Company") in Hong Kong, and actually operated and sold cosmetics in Guangzhou. In July 2016, Duan Nian met Li Zhiming, a chemical engineer, and the two of them jointly invested to establish Guangzhou Qianbao Biotechnology Co., Ltd. (hereinafter referred to as "Yuanbao Company"). On the surface, Lubao Company obtained the business license and cosmetics production license in accordance with the law, but in addition to operating legitimate business, Duan Nian and Li Zhiming also secretly agreed on a "dark road" for the production and sales of "whitening" cosmetics.

Adding mercury to cosmetics can increase the whitening effect, which is a latent rule in the industry. Li Zhiming is proficient in adding technology. After discussion, Li Zhiming was responsible for the research and development and production of semi-finished products, while Duan Nian was responsible for the packaging and sales of the products. Li Zhiming's wife Yang was nominally a quality inspector of the company, and was actually responsible for the supply of "lifan" (ie, aminomercury chloride). Sun and Hu are responsible for filling, packaging and delivery according to Duan Nian's instructions.

From October 2016 to April 2018, No. 1 and No. 3 creams with the mysterious "Lifan" were continuously produced in the workshop of an abandoned factory in an industrial zone in Dalang Town, Baiyun District, Guangzhou. It is then filled into delicate small bottles and packaged for sale under different brands. Due to the rapid whitening effect, orders were immediately sought after by customers and beauty salons. Among them are the brands such as Sun Daifu, Yan Qingxin and Camille Lay sold by Yilin Company.

In addition to selling finished products, Duan Nian and Li Zhiming also directly sold No. 1 cream and No. 3 cream to Wu, Li, and Zhao, etc., among which Wu and Li, etc. used their own Chongqing Minghao Cosmetic company (hereinafter referred to as "Chongqing Minghao Company") committed unit crime. After these offline filling and labeling and resale to the beauty salon, the "Chinese medicine hall" series of cosmetics that caused Ms. Wang's mercury poisoning were born.

14 defendants and 2 defendant units sentenced

Due to the seriousness of the case and the large number of crimes, the Procuratorate of Xinghua City immediately dispatched personnel to participate in the investigation and set up a case handling team to guide the public security organs to investigate and obtain evidence.

In response to Duan Nian and Li Zhiming's efforts to deny crimes on the basis of "industry rules" at the beginning of the case, the procuratorate proposed to fix electronic data in a timely manner, comprehensively extract the WeChat chat records of the involved persons, and further investigate the ingredients and hormones of "Lifan" Investigation details such as purchase details of anti-inflammatory drugs.

On May 25, 2018, the procuratorate approved 8 criminal suspects including Duan Nian and Li Zhiming for the crime of producing and selling fake and shoddy products according to law.

During the in-depth review of the case, the prosecutor handling the case also found that the company was suspected of committing a crime, and immediately issued a Notice to the Public Security Organs asking for the reasons for not filing the case to supervise the case.

On December 31, 2018, the Xinghua City Procuratorate filed a public prosecution in the Xinghua City Court against 14 persons including Duan Nian and Li Zhiming, and two units including Xunbao Company for the crime of producing and selling counterfeit products. The procuratorial organs accused the company of pretending to be a qualified product with unqualified products with a sales value of more than 500,000 yuan.Duan Nian, Li Zhiming and others are the person in charge directly responsible for the unit and the principal offender; Yang, Sun, Hu, etc. To assist in the production and sale of substandard products is an accomplice. On March 26 this year, the court of Xinghua City made a first-instance judgment on the case. The judgment adopted the allegations of the procuratorate, and sentenced Duan Nian and Li Zhiming to seven years in prison and a fine of 250,000 yuan for the crime of producing and selling fake and shoddy products. Probation and fine. Among the two defendants, the company was sentenced to a fine of 500,000 yuan and Chongqing Minghao was fined 250,000 yuan.

Duan Nian and Li Zhiming appealed against the judgment of the first instance. In July this year, the Taizhou Intermediate Court upheld the original judgment in the second instance.

Make and prosecute recommendations to plug up cosmetic regulatory loopholes

The case was settled, but the procuratorial supervision did not end there.

In handling the case, the prosecutor found that cosmetics sales are divided into "daily chemical lines" and "professional lines." Mainly by the manufacturer through agents, the products are directly injected into the beauty salon, and provide after-sales service to the beauty salon. Among these products, a large proportion of the "three-none" cosmetics without the approval number are accounted for. The so-called quality test report provided by the supplier is difficult to distinguish, and the relevant supervision is obviously absent.

In response to the above problems, recently, the Xinghua City Procuratorate issued an inspection recommendation to the Xinghua Market Supervision Administration, recommending that the management of the beauty industry be strengthened, the beauty market be rectified, and regular inspections and other methods be used to sell or use related products in beauty salons Conduct inspections and promptly transfer case clues to the public security organs.