National Medical Products Administration: Don’t buy medicine from unqualified merchants or individuals through social software and other channels.
People’s Daily Online, Beijing, April 23 (Reporter Sun Hongli) On the 23rd, National Medical Products Administration announced five typical cases (the fifth batch) of illegal drug online sales, namely, the case of illegal sales of prescription drugs by merchants in JD.COM Mall, the case of illegal sales of prescription drugs by merchants in "Herbal Shop Online Chinese Medicine Shop Website", the case of illegal drug purchase by merchants in pharmacy network and the case of unlicensed drug sales by merchants in Meituan Platform.
National Medical Products Administration suggested that when consumers buy drugs through the Internet, please pay attention to two qualifications: First, the qualification of pharmaceutical retail enterprises, and whether the Drug Business License is publicized in a prominent position on the homepage of the website or the main page of business activities; The second is the qualification of drugs, whether the purchased drugs have obtained the Drug Registration Certificate issued by National Medical Products Administration. Please do not buy drugs from unqualified businesses or individuals through social software, short video content publishing platforms and other channels.
Drug online retail enterprises and third-party platforms engaged in prescription drug sales should ensure the authenticity and reliability of prescription sources when selling prescription drugs to individuals, and implement real-name registration system. Drug online retail enterprises should also establish an online pharmaceutical service system, and pharmacists or other pharmaceutical technicians who have passed the qualification examination according to law should carry out prescription review and deployment and guide rational drug use, and at the same time, they should mark the electronic prescriptions that have been used to avoid repeated use of prescriptions.
Vaccines, blood products, narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs, pharmaceutical precursor chemicals and other drugs subject to special management by the state are not allowed to be sold on the Internet. For details, please refer to the Announcement of National Medical Products Administration Municipality on Issuing the Prohibited List of Drug Online Sales (First Edition).
If consumers find illegal behaviors such as unqualified online drug sales and prohibited online drug sales, please report them to the local drug supervision and administration department in time.
The fifth batch of typical cases of illegal drug online sales:
1. The case of illegal sales of prescription drugs by merchants in JD.COM Mall.
In March, 2023, fuchuan county Market Supervision Administration of Guangxi Zhuang Autonomous Region conducted an investigation on Fuchuan Qiannianjian Pharmacy according to the clues of complaints and reports, and found that when the pharmacy sold the prescription drug Jianxing Feilike Mixture through JD.COM Mall, the prescription source was untrue.
The above-mentioned behavior of the parties violates the first paragraph of Article 9 of the Measures for the Supervision and Administration of Drug Online Sales. According to the first paragraph of Article 34 of the Measures for the Supervision and Administration of Drug Online Sales and the fourth paragraph of Article 8 of the Rules for the Application of Discretion in Administrative Punishment of Drug Supervision in Guangxi Zhuang Autonomous Region, fuchuan county Municipal Market Supervision Administration ordered the parties concerned to correct the illegal acts and imposed an administrative penalty of 5,000 yuan.
Second, the case of illegal sales of prescription drugs by the merchants who settled in Hungbaiwang
In March 2023, Guang ‘an District Market Supervision Administration of Guang ‘an City, Sichuan Province conducted an on-site inspection of Wansheng Store of Guang ‘an Zhenghexiang Pharmaceutical Chain Co., Ltd., and found that when the pharmacy sold drugs such as Shenshitong granules through Ebai.com, the pharmacist did not review and sign the prescription, and there was a risk of repeated use of the prescription.
The above-mentioned behavior of the parties violates the second paragraph of Article 9 of the Measures for the Supervision and Administration of Drug Online Sales. In March 2023, the Guang ‘an District Market Supervision Administration of Guang ‘an City ordered the parties concerned to correct the illegal behavior and imposed an administrative penalty of RMB 2,000 yuan in accordance with the provisions of Paragraph 1 of Article 34 of the Measures for the Supervision and Administration of Drug Online Sales and Item 8 of Article 9 of the Rules for the Application of the Discretion of Administrative Punishment on Drugs, Medical Devices and Cosmetics in Sichuan Province.
Three, "herbal shop online Chinese medicine shop website" settled in the case of selling toxic drugs for medical use.
In January, 2023, Zhangzhou Municipal Market Supervision Administration of Fujian Province conducted an investigation on Xincheng Jiayuan Branch of Zhangzhou Laoruilin Drugstore Chain Co., Ltd. according to the information clues transferred by the national drug network monitoring platform, and sold the medical toxic drug "Realgar" which was prohibited from being sold online through the "Herbal Shop Online Chinese Pharmacy Website", and could not provide materials such as purchase records.
The above actions of the parties violate the provisions of Article 57 of the Drug Administration Law of People’s Republic of China (PRC), Article 5 of the Measures for the Administration of Toxic Drugs for Medical Use and Paragraph 2 of Article 8 of the Measures for the Supervision and Administration of Drug Online Sales. In March, 2023, Zhangzhou Municipal Market Supervision Administration ordered the parties concerned to correct their illegal acts, and imposed administrative penalties such as warning, confiscation of "Realgar" 108g and fines of 50,200 yuan according to the provisions of Article 130 of the Drug Administration Law of People’s Republic of China (PRC), Article 11 of the Measures for the Administration of Toxic Drugs for Medical Use and Article 33 of the Measures for the Supervision and Administration of Drug Online Sales.
Fourth, the case of the pharmacy network entering the business to purchase drugs illegally.
In June, 2023, Chongqing Bishan District Market Supervision Administration conducted a routine inspection of Tongjunge Haoxuan Pharmacy in Bishan District, Chongqing according to law, and found that the pharmacy purchased drugs such as alisartan ester tablets from an individual Li Moumou through WeChat, and then sold them through the pharmacy network, and the pharmacy did not check the qualification of the other party when purchasing drugs, and did not ask for drug bills and accompanying documents.
The above actions of the parties violate the provisions of Article 55 of the Drug Administration Law of People’s Republic of China (PRC). In August, 2023, Bishan District Market Supervision Administration ordered the parties concerned to correct their illegal acts and imposed administrative penalties such as a fine of 40,000 yuan in accordance with Article 129 of the Drug Administration Law of People’s Republic of China (PRC) and Article 14, paragraph 1, of the Measures for Regulating the Discretion of Administrative Punishment in Chongqing. In addition, in this case, the alleged illegal behavior of Li Moumou has been handled separately.
5. The case of the US Mission platform entering the business without a license to operate drugs
In June 2023, Nanchang Market Supervision Administration of Jiangxi Province conducted an on-site inspection of Jiangxi Zhenkang E-commerce Co., Ltd. according to the clues of complaints and reports. After investigation, the company opened a "Zhenkang Medical Device Franchise Store" through Meituan platform without obtaining the "Drug Business License" to sell drugs such as Befushu bovine basic fibroblast growth factor eye drops.
The above-mentioned behavior of the company violated the first paragraph of Article 51 of the Drug Administration Law of People’s Republic of China (PRC). In November, 2023, Nanchang Municipal Market Supervision Administration imposed an administrative penalty of 200,000 yuan on the party concerned in accordance with Article 115 of the Drug Administration Law of People’s Republic of China (PRC) and Article 9, Paragraph 1, Item 2 of the Rules for the Application of Administrative Penalty Discretion in Drug Supervision and Administration of Jiangxi Province.