Typical case (the fourth batch), in which "Guangzhou Tianhe District Market Supervision Bureau investigated and dealt with the advertisement of illegal toxic drugs for medical use published by Guangzhou Meisheng Medical Beauty Clinic Co., Ltd." was listed as one of the typical cases.
The case shows that in the early stage, Tianhe District Market Supervision Bureau received a report that Guangzhou Meisheng Medical Beauty Clinic Co., Ltd. was suspected of publishing illegal advertisements for face-lifting needles through online stores, and law enforcement officers of Tianhe District Market Supervision Bureau immediately conducted on-site inspections on the company.
After investigation, the parties opened the "DR Rebirth Medical Beauty Flagship Store" in February 2020 to sell medical beauty projects through the Internet. In the project of selling "Dr. Rebirth's Domestic Face-lifting Needle to Remove Wrinkles and Improve Masseter's Small V Face-lifting Needle and Beautiful Leg Needle", an advertisement involving "Domestic Face-lifting Needle" and "Hengli Face-lifting Needle" was released, and its face-lifting needle was actually "botulinum toxin A for Hengli brand injection".
According to the Notice on Incorporating Botulinum Toxin A into the Management of Toxic Drugs (US Food and Drug Administration [2008] No.405), Botulinum Toxin A has been included in the management of toxic drugs. Modern advertisements found that in 2008, the Ministry of Health and the State Food and Drug Administration (SFDA) jointly issued the Notice on Incorporating Botulinum Toxin A into the Management of Toxic Drugs, which included Botulinum Toxin A and its preparations into the management of toxic drugs, and stipulated that pharmaceutical wholesale enterprises could only sell Botulinum Toxin A preparations to medical institutions, and pharmaceutical retail enterprises were not allowed to buy or sell Botulinum Toxin A preparations. Units and individuals that illegally produce, manage and use botulinum toxin A shall be severely punished according to law.
The parties illegally publish advertisements of toxic drugs for medical use, which violates the provisions of the first paragraph of Article 15 of the Advertising Law of People's Republic of China (PRC). Article 15 of the Advertising Law stipulates that advertisements for narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, pharmaceutical precursor chemicals and other special drugs, as well as drug rehabilitation drugs, medical devices and treatment methods shall not be published. Prescription drugs other than those specified in the preceding paragraph can only be advertised in medical and pharmaceutical journals designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.
Tianhe District Market Supervision Bureau ordered the parties to stop publishing false and illegal advertisements and imposed administrative penalties on the parties according to law. On May 20th, 20021year, Guangzhou Tianhe District Market Supervision Bureau imposed an administrative penalty of 200,000 yuan on Guangzhou Meisheng Medical Beauty Clinic Co., Ltd. for advertising toxic drugs for medical use.
The General Administration of Market Supervision said that special drugs such as toxic drugs, narcotic drugs, psychotropic drugs and radioactive drugs for medical use are necessary in medical activities on the one hand, and proper use is conducive to treating diseases and alleviating patients' suffering; On the other hand, it also has potential hazards. Once used improperly, it may lead to addiction, damage health and even endanger life safety, so it should be strictly managed. The market supervision department will severely investigate and punish the advertising behavior of releasing such special drugs according to law, and maintain the order of the advertising market.