Healthy Skepticism Library item: 12090
Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.
Publication type: news
China to impose stiff penalty on fake drug makers, dealers
Xinhua 2007 Nov 29
http://news.xinhuanet.com/english/2007-11/29/content_7167657.htm
Full text: BEIJING, Nov. 29 (Xinhua) — China plans to impose stiff penalties on individuals, manufacturers and health institutions involved in producing, selling and using fake drugs, according to a draft judicial interpretation released by the state drug safety watchdog.
Those involved in cases where fake drugs lead to “very serious damage” to human health may face heavy fines, life imprisonment or even the death penalty, according to the draft, which was jointly written by China’s Supreme People’s Court and the Supreme People’s Procuratorate.
The draft defines “very serious damage” as serious deformities, grievous bodily harm to more than three people or slight injury to more than 10 people.
Those who produce and sell substandard drugs and that cause death, deformities or injuries may face life imprisonment, says the draft.
Hospitals that purchase, store or use drugs they know to be fake or substandard will face criminal charges, according to the draft.
Those who provide materials, funds, facilities or other help tothose who produce, distribute or sell fake or substandard drugs will also face criminal charges.
The draft also says that those who sell fake or substandard medicines during natural disasters or public health emergencies will be punished heavily according to law.
Second offenders against the fake drug law will not be eligible for any leniency in sentencing.
The draft says that evidence provided by drug safety administrations above the county level will be sufficient for prosecution. Under current practice, the evidence must come from drug safety administrations above the provincial level.
The draft was posted at the official website of the State Food and Drug Administration (SFDA) on Nov. 26 for public comment.
The SFDA said the draft is aimed at “punishing criminals according to law, safeguarding public health and life safety and maintaining a good order of the drug market.”
China issued a judicial interpretation on criminal cases involving fake and shoddy products (including drugs, medical equipment, food and pesticides) in 2001. The new draft focuses only on drugs.
The Chinese government has come under great pressure to overhaul the country’s food and drug safety system after a series of controversies caused by shoddy products and corruption scandals involving high-ranking SFDA officials.
Zheng Xiaoyu, former SFDA director, was executed July this year for corruption and dereliction of duty.
One of the most notorious cases of bogus drugs was that of Qiqihar No. 2 Pharmaceutical Co.,Ltd., a privately-owned business in northeast China’s Heilongjiang Province, whose fake Armillaris in A injections killed 13 people. The company was subsequently shut down.
The deputy director of the Food and Drug Administration of Qiqihar was sacked for negligence and 11 other city and provincial officials were punished. Five people from the drug factory went on trial in August.
