How can medical devices be falsely publicized? Hezhang investigates and punishes an experience hall according to law
Hits: 3867251
2019-10-28
Since the middle of July this year, in a medical equipment experience museum located in Shuanghe street, Hezhang County, groups of middle-aged and elderly people have come here to listen to the "medical staff"'s propaganda about the "magic" effect of a series of products, and a small number of middle-aged and elderly people are also scrambling to "cure hundreds of diseases" for fear of missing out. "Experience" and ordering of "disease" products. However, these "experience marketing" tactics of the experience pavilion have long been "stared at" by the market supervision department. What kind of medicine does the experience Pavilion buy in the gourd?
In order to find out the truth and protect the legitimate rights and interests of consumers, especially the middle-aged and elderly consumers, the market supervision administration of Hezhang County arranged law enforcement personnel to disguise as "patients" for two consecutive days to conduct a secret inspection of the medical device experience hall. In the process of secret inspection, law enforcement personnel basically found out the preliminary illegal facts that the shop used a series of products, such as laser therapy instrument, to exaggerate and falsely publicize the middle-aged and elderly people, so as to achieve high price sales of such products and obtain high profits.
On August 28, the market supervision and Administration Bureau of Hezhang County formulated a thorough action plan based on the previous two secret inspections. In combination with the Public Security Bureau of Hezhang County, it once again carried out on-site law enforcement inspection on the operation Department of the medical equipment, and carried out on the "blood circulation machine", "light wave physiotherapy apparatus" that the middle-aged and elderly are experiencing, laptop computers, projectors and other articles and products that are being used to broadcast false ppt documents. The equipment was seized in accordance with the procedure, and then a case was filed for investigation.
Law enforcement personnel patiently preached laws and regulations to consumers. After nearly a month's investigation and evidence collection by law enforcement personnel, they basically found out the illegal facts of the parties, that is, in the process of operating a series of second-class medical devices, such as "blood circulation machine", "light wave physiotherapy instrument", laser therapy instrument and its "magnetic therapy shoes", "silica gel tablet", "far-infrared thermotherapy bag and drug ion introduction electrode tablet" Through the distribution of flyers, consumers are attracted to the store for free experience. After customers arrive at the store, they exaggerate and falsely publicize a series of products that can cure all kinds of diseases through on-site explanation and rolling broadcast of ppt documents, and compare and crowd out the related medical treatment and drug treatment, so as to cover up the authenticity of the auxiliary treatment function of the medical devices they operate, achieve the purpose of selling a series of products at a high price, cheat and mislead. Consumers who come to the store for experience.
Law enforcement officers are cleaning up and seizing relevant articles according to the procedure
According to the investigation, the party concerned, for the purpose of selling products, organized the middle-aged and elderly consumers to experience the products free of charge in the store, broadcast PPT to the experienced consumers in the process of experience for commercial publicity and introduction of product functions and performances, exaggerated the performance and efficacy of the products, and compared the advantages and disadvantages of drug treatment, surgical treatment and physical treatment (laser therapy instrument), etc. The act of inducing consumers to buy the products they sell violates the provisions of the first paragraph of Article 8 of the Anti Unfair Competition Law of the people's Republic of China that "business operators shall not make false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluation, and honors of their commodities, deceive or mislead consumers", which constitutes false and misleading. Business publicity. According to Article 20 of the Anti Unfair Competition Law of the people's Republic of China, "if an operator violates the provisions of Article 8 of this law to make false or misleading commercial propaganda on his goods, or helps other operators to make false or misleading commercial propaganda by organizing false transactions, the supervision and inspection department shall order him to stop the illegal act and impose a fine of more than 200000 yuan but more than 100 yuan." If the circumstances are serious, a fine of not less than one million yuan but not more than two million yuan shall be imposed, and the business license may be revoked. "The market supervision and Administration Bureau of Hezhang County has made an administrative penalty of ordering the party concerned to immediately correct the illegal act and imposing a fine of not less than two hundred thousand yuan.
Wen | Gao Xiujun, market supervision bureau of Hezhang County
Editor Jin Xin