An enterprise in Qianshan City, Anhui added "Viagra" in Lu Pomoya to disclose a professional counterfeit, and the police filed a case for investigation
Author:Pole news Time:2022.09.14
Jimu Journalist Zhan Yan
Recently, an enterprise in Qianshan City, Anhui Province added the "Viagra" ingredients to Lu Pomuo's products, and was exposed by a professional counterfeiter for inspection.
After preservation and notarization of the relevant products in the occupation of occupational fakes, they reported to the local public security organs and market supervision departments. At the same time, they filed compensation requirements to the agent sales company of Lu Pomuo.
At present, the local municipal regulatory bureau has confirmed that the non -type of ingredients were detected in the multiple batches of deer whip pill products of relevant enterprises, and the case has been submitted to the public security organs for investigation.
Reader News: "Viagra" was added to the deer whip pills purchased
Deer whip pill packaging
On September 13, Mr. Chen from Hunan reported to Jimu Journalists. Some Anhui enterprises were investigated by the police because of the production and sales of the "Viagra" ingredients.
On the phone, Mr. Chen said that in February this year, after watching the live broadcast on a video platform, he spent thousands of yuan and bought a few boxes of deer whip pills to try it. After eating ,Dizziness.
In March, he sent some deer whip pills to the inspection agency for testing, and then found illegal additional ingredients. According to a test report provided by Mr. Chen, it shows that the sample contains Westland. West is not commonly known as "Viagra", which is a prescription medicine, which is mainly used to treat erectile dysfunction.
After the test results came out, Mr. Chen said that in order to fix the evidence, he bought a few more boxes of deer whip pills and notarized related items, which cost a total of 18,000 yuan.
Test results
According to Mr. Chen, this kind of deer whip pill is equipped with two bottles of wooden boxes, six bottle, 120 grams, and priced at 980 yuan. In the packaging box sent by Mr. Chen to reporters, it can be seen that the product is named "Lu Bao Wan". Deer gum, ginseng, etc.
"The platform after -sales is said to be the responsibility of the manufacturer, and it will not be dealt with." Mr. Chen told reporters that he asked the merchant to refund the money and then recall and destroy what sold out. However, the merchant requests to send the goods back to refund the money. Mr. Chen believes that this is a toxic and harmful food and believes that these can only be handed over to the public security department.
The municipal supervision department has detected the non -category in the sample
In May of this year, Mr. Chen reported the incident to the Public Security and Market Supervision Department of Mizushan City, Anhui Province.
On July 12, 2022, on the Internet of Qianshan Municipal People's Government, the Qianshan Market Supervision and Administration Bureau replied to Mr. Chen, saying that on May 27, 2022, the public security department jointly conducted an assault inspection of the relevant enterprises involved in the report. And in accordance with the law, the nine batches of products involved were performed for inspection.
On June 15, 2022, the bureau received nine batch sample test reports from the Anhui Food and Drug Inspection and Research Institute, of which 7 batch samples contained a small amount of non -type components.
Municipal Supervision Bureau Reply
The bureau believes that the behavior of the parties is suspected of violating the provisions of Article 38 of the Food Safety Law of the People's Republic of China. At present, the bureau has filed a case and was transferred to the public security investigation on July 11, 2022.
The deer whip pills provided by Mr. Chen showed that the commissioner of the product was the Jiu Mu Royal Deer Co., Ltd. of Qiaoshan City, Anqing City, and the manufacturer was Anhui to Shutang Lu product development Co., Ltd. Mr. Chen said that the sales channels for Luchboutaru are diverse, including live broadcast companies on video platforms and other e -commerce platforms.
Deer whip pill packaging
On the afternoon of September 13th, Jimu News found on a video platform and large e -commerce platform that related deer whip pill products are still selling at a price of 980 yuan. "Men" and other hints.
On the morning of the 14th, the staff of the Qianshan Market Supervision Bureau told Jimu Journalists that the relevant cases had been handled by the public security department; the local public security department stated that the case was being handled and the details were inconvenient. Regarding why related products are still sold online, the two departments say they will continue to pay attention and investigate.
The seller said that the reporter was a professional compensation for occupational fake
On the 14th, Jimu Journalists contacted the manufacturer Anhui to Shutanglu Product Development Co., Ltd. and did not respond.
Subsequently, the reporter called the person in charge of the person in charge of the commissioned Fang Jiu Mu Royal Deer Co., Ltd.. The person in charge said that the specific case could find the public security organ to understand. The person in charge did not respond to the situation where the product was still on the Internet.
50,000 yuan of reconciliation chat records
In the afternoon of the same day, Mr. Hu, the person in charge of the deer whip pill sales party, Mr. Hu, said in an interview with Jimu News that Chen was a professional fake person, and the company would bear the responsibility of the company.
According to Mr. Hu, his company is a cultural media company. He lives live on the video platform through anchors and sells products for various types of enterprises in the live broadcast room. He had previously represented Deerbiao Wan products for two to three months.
"Before we agreed, we will look at the relevant licenses, production qualifications, and relevant label signs of the manufacturer." Mr. Hu said that the company's deer whip pill products have previously seen the quality inspection report provided by the manufacturer. However, adding these prohibited substances to the deer whip pill, the naked eye cannot be seen at all, and it cannot be distinguished.
Mr. Hu said that after buying products in multiple batches, Mr. Chen made compensation to the company, but the company did not agree. "He is a professional fake person and wants to blackmail us." Mr. Hu thought that he could withdraw the product, but there was no way to pay more.
The screenshot of the chat with Mr. Chen provided by Mr. Hu showed that Mr. Chen had discussed the food safety law and ten times compensation with others, and also asked the request of "we must not compensate for 50,000 us and solve". However, Mr. Hu said that the company would not accept it, how to pay or pay, depending on how the court judged.
Lu Pan Wan's advertisement
At noon on the 14th, Mr. Chen acknowledged to Jimu Journalists that he did engage in occupational counterfeit, but there was no other demands at present. I just hope that the products that are still on the Internet can be removed in time. The merchant can recall and destroy these products and return it to himself. Buy the payment of goods.
Lawyers believe that occupational counterfeiting generally does not constitute extortion
Yang Caiguang, a lawyer of Liaoning Changxin Law Firm, believes that according to Article 38 of the Food Safety Law of the People's Republic of China, no medicines must be added to foods in production and operation, but they can add substances that are both foods and Chinese medicinal materials.
According to the ingredients and packaging of the Lu Pill Pills in the previous article, the deer whip pills are just ordinary foods, so adding the non -category medicine ingredients to the deer whip pill obviously violated the food safety law and has been suspected of crime. Therefore, it was transferred to the public security organs. Investigation.
Yang Caiguang said that in the case, the seller and the commissioner did not know if the production manufacturer was unaware of the illegal production of the manufacturer, and eventually the manufacturer should be responsible for the manufacturer; even if the seller needs to bear the responsibility, he can also recover from the manufacturer.
In addition, for the question of compensation for professional counterfeiters, Yang Caiguang said that Mr. Chen had acknowledged that he was a professional fake person. The punitive compensation of the payment is controversial in practice, and there are different referees in various courts.
At the same time, as long as Mr. Chen's claim amount is within the scope of the amount of compensation stipulated in the law, the subjective does not have the purpose of illegal possession, and the means of claims and ways adopted by the rights protection of rights will not cause the operator or producer to produce psychological fear within the scope of the law. Or forcibly, it does not constitute a crime of extortion.
(The picture is provided by the respondent)
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