Two-dimensional code of medicines in health food packaging, how to qualitatively punish

[China Packaging News] Recently, when a law enforcement officer of a county market supervision bureau inspected a retail pharmacy in the urban area, he found that the pharmacy sold 20 boxes of "Xiangsha Ginseng Green Fruit Shuanghua Lozenges" , and the top left side of the outer packaging The words "Sweep the Sun" are printed, the health straw special "straw hat" logo printed on the upper right is white, the approved document number is " Guosijian G20130048 ", and the net content and production enterprises are marked on the lower right "Inner Mongolia Biotechnology Co., Ltd.", on the side of the batch of health foods, there are also printed product barcodes and QR codes, but the contents of the QR code scanned by the supervisory staff is the drug "Sweeping Lao Qingfei Zhike Capsule" The information and advertisements of law enforcement officers seized the products involved in the case on the grounds that the labels of the health food labels were illegal, and initiated investigations.

Regarding the investigation and punishment of this case, the law enforcement officers put forward two different views.

The first view is that investigation and punishment should be based on suspected sales of counterfeit drugs.

The labeling of this batch of health foods "Xumou Brand Ginseng Green Fruit Shuanghua Lozenges" is very similar to the labeling of "Shaorilao Qingfei Zhike Capsules", and the two are easily confused. On the one hand, consumers can easily mistake the health food as a drug based on the product packaging; on the other hand, the information displayed by scanning the QR code is the description of the drug "Sweeping Lao Qingfei Zhike Capsule", which belongs to "non-drug pretending to be a drug ". Therefore, according to the relevant provisions of the "Drug Administration Law", "Xu Xia Brand Ginseng Green Fruit Shuanghua Lozenges" should be regarded as fake drugs. The sales behavior of the retail pharmacy is actually selling fake drugs and should be handed over to the law. Public security organs handle.

The second point of view is that the investigation and punishment should be based on suspected management of illegally labeled food.

There are three problems with the labeling of this batch of health foods: one is to print the "blue straw hat" logo unique to health foods as "white straw hats"; the other is to print the health food approval number label on the "upper right corner" without following The regulations are printed on the "upper left"; the third is the unauthorized printing of a two-dimensional code logo containing drug information on the outer packaging box of the batch of health food. It can be seen that the label of health foods operated by the retail pharmacy does not comply with the relevant provisions of the Food Safety Law, and should be investigated and dealt with according to the foods with illegal operation labels.

The author agrees with the second opinion.

First, this case cannot be simply identified as a non-drug "Xu Xia Brand Adenophora glabra Shuanghua lozenges" pretending to be a drug "Sweep Lao Qingfei Zhike Capsule". First of all, although the two are very similar in outer packaging, the name, logo and approval number of the label are clearly different. The logo of the drug "Swiss Lao Qingfei Zhike Capsule" is printed with red OTC and drugs on the upper right Approval number, and the logo of the health food "Xu Xia Brand Ginseng Green Fruit Shuanghua Lozenges" is printed with a white straw hat and health food approval number on the upper right; second, from the labeling of the health food packaging box involved No specific content of treatment of diseases such as "functional indications" or "indications" was found. Therefore, according to the relevant provisions of the "Drug Administration Law", the products involved were investigated and dealt with as "non-drug impersonating drugs". The evidence was insufficient and it was inappropriate.

Second, the labeling of the batch of health foods does not meet the requirements of the "Health Food Management Measures" and the "Regulations on Health Food Labeling": First, the special label of the batch of health foods should not be marked on the upper right corner of the outer box, "Health The food mark and the approval number of the health food should be marked side by side or up and down on the upper left of the 'main display panel'; the second is to mark the "blue straw hat" unique to the batch of health food as "white straw hat", which violates our health food The logo requirements for the "blue hat" logo of the special logo "sky blue, hat-shaped".

Third, according to the provisions of the "General Principles of Food Safety National Standards for Pre-packaged Food Labeling", the two-dimensional code marked on the batch of health food packaging also belongs to the scope of "food labeling". It is worth mentioning that after the seizure, the manufacturer transformed the QR code information of the batch of health foods through technical means. After the seizure, the law enforcement personnel scanned the QR code again, and the content was displayed as "Xia Xia Brand Ginseng Green Fruit Double Flower" "Salt" information.

Fourth, in accordance with the provisions of Article 71 of the Food Safety Law, food labels must not contain false content, and production operators are responsible for the content of the labels they provide. Article 78 of the Food Safety Law also clearly stipulates that the labeling of health foods must not involve disease prevention and treatment functions, and the content should be true and consistent with the content of registration or filing. In this case, scanning the QR code of the batch of health food labels showed the contents of the drug "Sweeping Lao Qingfei Zhike Capsules", not the relevant explanation content of the health food "Xu Xia Brand Ginseng Green Fruit Shuanghua Lozenges" After the seizure, the manufacturer corrected it through technical means. Obviously it was an untrue performance, and the label of the batch of health food should be deemed to contain false content.

In summary, the retail pharmacy ’s operation of illegally labeled health food violates the provisions of Article 71 of the Food Safety Law and is Article 1.25, paragraph 1 (2) of the Food Safety Law In the case of item 1, the punishment shall be in accordance with the provisions of the first paragraph of Article 125 of the Food Safety Law.