1. The legal and valid business license and the information in the business license shall be consistent with the information published on the website of the State Administration for Industry and Commerce.
2. Submit the Qualification Certificate for Internet Drug Information Service, the Qualification Certificate for Internet Drug Trading Service, the Drug Business License or the Record Certificate for Online Sales of Medical Devices (one or more items shall be submitted according to the goods operated by the store), and choose the businesses that enter the medical care category. According to the different certificates provided by the resident units:
1. Is it illegal to sell health products?
First of all, it is not illegal to sell health care products produced by regular manufacturers as long as the documents are complete. Only in line with the relevant crimes in the criminal law can a sentence be imposed. Usually, they may be suspected of producing and selling counterfeit drugs, illegal business and fraud. Of course, if the operators selling health care products have obtained relevant business qualifications and sell qualified and safe health care products, then there is no need to worry about being sentenced for suspected crimes.
Second, how to punish health care product fraud
If the amount of fraud in health care products is relatively large, it constitutes a crime of fraud, and it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
3. Which advertisements of health products are illegal?
At present, there are five kinds of "traps" in illegal propaganda of health food:
First, publicize medical treatment and equate health food with medicine.
Health food is not a medicine, and it cannot claim to have therapeutic effect. Some illegal health food advertisements often exaggerate the efficacy of products, and contain absolute terms and false promises, claiming that a certain disease can be cured, such as "radical cure" and "medicine to cure the disease", or seriously deceiving and inducing consumers with promises such as "invalid refund" and "no toxic side effects".
The second is to hold health talks to induce consumers.
Under the guise of "interviews, lectures, interviews and symposiums", some unscrupulous merchants invited some fake experts, professors and old Chinese medicine practitioners to give lectures on "health preservation" and promote health food by the way. Many elderly people blindly believe in the introduction of these so-called experts or celebrities, and thus buy a large number of fake health food.
Third, some unscrupulous merchants attract the elderly to participate in the promotion activities organized by them by means of "giving medicine", "free trial", "giving small gifts" and "lottery".
The promotion site often has a warm atmosphere, exaggerating the efficacy of products, and even claiming to cure all diseases. In some activities, some so-called patients will be invited to come forward and hire people to create the illusion of rushing to buy products, giving psychological hints to the elderly that they will suffer if they don't buy, and they will be unconsciously "brainwashed" to buy products.
The fourth is to fabricate the so-called authority certificate.
Some illegal health food advertisements use the names and images of state organs, institutions, medical institutions, academic institutions and trade organizations to explain the efficacy of products, so as to enhance the authority and persuasiveness of products.
The fifth is to organize so-called experts and professors to carry out free expert physical examination or free clinic for the elderly.
Many people are attracted by free physical examination or consultation, and after physical examination, "experts" and "professors" often tell the elderly that they have many physical problems and need to buy products for treatment in time, so many elderly people are cheated into buying a bunch of useless health food, which is difficult to distinguish between true and false.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.