Disinfection products is used as a medicine to publicize the curative effect of treatment.

　　● Compared with the strict approval process of "National Medicine Quasi-brand Name", the products with "Xiao" brand name have no medical effect and can be listed after being approved by the local health department. Because of this, some manufacturers of "Xiao" brand products promote and sell such products as medicines in order to obtain higher profits, and even quietly add hormone components to some skin creams, eye drops, baby skin care products and other products.

　　● The act of claiming that the product with the name "Xiao" that has no medical effect has curative effect is a false propaganda act, and it also violates the stipulation in the advertising law that "except advertisements for medical treatment, medicines and medical devices, no other advertisements are allowed to involve disease treatment functions", and at the same time violates many provisions in the Measures for the Administration of Disinfection and the Drug Administration Law.

　　● The products with the "elimination" brand name are chaotic, and it is urgent to intensify rectification. Experts suggest establishing a special supervision joint mechanism to improve the level of smart supervision and supervision efficiency. Consumers should also keep their eyes open when purchasing products. If they are not sure about the name of "Xiao" and "Yao", they should consult a doctor or pharmacist in time.

　　Recently, Wang Jun, a resident of Suzhou, Anhui Province, bought a box of medicines claiming to have "miraculous effect in treating beriberi" through online shopping platform, only to find that "Hygiene LicenseNo. ××××" was printed on the package after receiving the goods, instead of "National Medicine Standard".

　　Wang Jun found himself cheated after consulting many parties, because "it is marked with ‘ Drug quasi-word ’ Our products are medicines, which have therapeutic functions, and those with hygiene license number ‘ Eliminate ’ The brand name product is disinfection products ".

　　According to the "Disinfection Management Measures" and other regulations, the "Xiao" brand name is a sanitary batch number approved by the local health department, which belongs to the category of sanitary disinfection products. The "Xiao" brand name only has disinfection function and does not have therapeutic effect. Production enterprises and business enterprises should not make any effective publicity on the "Xiao" brand products.

　　Wang Jun’s experience is not an isolated case. According to a survey conducted by the reporter of Rule of Law Daily, compared with the strict approval process of "National Medicine Quasi-brand", the products with "Xiao" brand have no medical effect and can be listed after being approved by the local health department. Because of this, some manufacturers of "Xiao" brand products promote and sell such products as drugs in order to obtain higher profits, and even quietly add hormone components to some skin creams, eye drops, baby skin care products and other products.

　　A number of interviewed experts pointed out that some patients may find better results when using the "Xiao" brand products with hormone components for the first time, but after using them for a period of time, they are prone to "bite back", such as hormone-dependent dermatitis. If infants and young children use such products as skin care products for a long time, it will easily lead to the increase of drug-resistant strains, salt water metabolism and other side effects, and even seriously affect physical development and endanger life and health.

　　Experts believe that "consumer" brand products are chaotic, and it is urgent to intensify rectification. It is suggested to establish a special supervision joint mechanism to improve the level of smart supervision and supervision efficiency. Consumers should also keep their eyes open when purchasing products. If they are not sure about the name of "Xiao" and "Yao", they should consult a doctor or pharmacist in time.

　　Disinfection products preached curative effect.

　　There is a big security risk.

　　"Long-term use can eliminate redundant bad bacteria, balance the flora of private parts, prevent private parts infection, reduce inflammation and complications, and maintain normal PH weak acid value." A product introduction page called "antibacterial powder for women with freeze-dried active factor of ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

　　The reporter noticed that the online shopping platform and some WeChat official account who promoted this product are claiming that this product can prevent and treat a variety of gynecological diseases, calling it "the nemesis of gynecological inflammation" and "the vaccine of gynecological diseases".

　　What is the real situation of such a product that seems to bring good news to women?

　　The reporter found in the online filing information service platform of disinfection products that the product approval number is "Xiao", not "Machinery" or medicine.

　　The product description shows that the category of inhibiting microorganisms is "inhibiting Escherichia coli, Staphylococcus aureus and Candida albicans", and the application scope is "antibacterial cleaning for female vagina and vulva". As for the practical application scope of this product, there are only six words in the online filing information service platform of disinfection products in China: vaginal mucosa bacteriostasis.

　　According to the reporter’s investigation, there are not a few products with the name "Xiao" but touting the curative effect.

　　For example, the official claim of "×××× antibacterial gel for women" is that it has a good effect on the prevention and treatment of common gynecological diseases such as vaginitis, cervicitis and adnexitis. The official live broadcast of "Silver Ion Antibacterial Gel for Women" claims that it has the function of treating leucorrhea, discoloration and various gynecological inflammations. However, the reporter looked through the outer packaging of these products and found that the approval number was clearly marked with "Wei Xiao Zheng Zi". In other words, they are just disinfection products, not drugs with medical effects.

　　On the social platform, the reporter also saw some "baby-only" and "herbal formula" online celebrity eczema cream, claiming that it has the effects of improving desquamation, relieving red itching, partially relieving redness, and can effectively treat eczema, and it is "hormone-free". Some infant skin care creams are also advertised as "relieving itching and rebuilding barriers", which can effectively care for skin problems such as eczema, saliva rash and neck flooding in infants, and generally recover in 1 to 3 days. The approval number of these products is also "Wei Xiao Zheng Zi".

　　Wang Yue, a professor of health law at Peking University College of Medical Humanities, said that the act of claiming that the product with the name "Xiao" without medical effect has curative effect is a false propaganda act, which also violates the stipulation in the advertising law that "except advertisements for medical treatment, medicines and medical devices, no other advertisements are allowed to involve disease treatment functions", and at the same time violates the Measures for the Administration of Disinfection and many provisions in the Drug Administration Law.

　　"It is worth noting that glucocorticoid is often added to skin plasters to treat dermatitis caused by allergies, but it has certain side effects, so it must be used according to the doctor’s advice. ‘ Eliminate ’ Eczema cream, the brand name, hyped up the fact that it does not contain hormones in the publicity, deliberately letting consumers confuse its products with skin external ointment drugs, and also highlighted that it has ‘ No hormone side effects ’ The comparative advantage. " Wang Yue said that for this kind of phenomenon, if "Xiao" brand eczema cream follows the provisions of "List of Disinfectant Raw Materials and Substances Prohibited and Restricted", its ingredients do not contain hormones, and its function does not promote its therapeutic effect, then its propaganda without hormones does not constitute false propaganda in advertising law. However, because the propaganda language without hormones easily confuses it with drugs, this behavior still violates the provisions of the advertising law, that is, "non-drug advertisements shall not use medical terms or terms that easily confuse the promoted goods with drugs."

　　He further explained that if the ingredients of "Xiao" brand eczema cream contain hormones, its behavior first violates the national standard of "List of Disinfectant Raw Materials and Prohibited and Restricted Substances" and belongs to defective products. According to the product quality law, the production and sale of the "Xiao" brand eczema cream need to be stopped immediately, and it should be recalled and confiscated immediately. Accordingly, its propaganda behavior belongs to the false propaganda of advertising law and violates the provisions of advertising law at the same time.

　　"According to the relevant empirical research, some ‘ Eliminate ’ Hormones tend to be added to the products with brand names, the most common being glucocorticoids, and some others ‘ Eliminate ’ There are also banned components such as dexamethasone, dexamethasone acetate, clobetasol propionate and prednisone acetate. " Wang Yue said that hormonal chemicals have clear indications, so they need to be used in clinic in strict accordance with the usage and dosage contained in the instructions in combination with the patient’s situation. It is necessary to strengthen clinical pharmaceutical intervention, make rational use of drugs, and illegally add hormone components to the "Xiao" brand products without medical advice, which will bring serious health hazards to consumers and pose greater safety risks.

　　Behind the flood of disinfection products

　　Illegal operation of foundry company

　　The reporter’s investigation found that behind the proliferation of "consumer" products, some processing companies are operating illegally.

　　"20-year-old factory, OEM, brand name, machine name and makeup name", "free proofing, free design and free research and development, three certificates are complete" … … On the publicity website of a company, the reporter found that OEM processing of "Xiao" brand products is its main business. Gynecological gel, lotion, foaming agent, skin spray, condensate, daub, antibacterial skin care essence lotion, cream and other products with the name "Xiao" can be processed on behalf of others.

　　According to the relevant staff, the "Xiao" brand products are generally processed in 10,000 copies. If they are packed in 30 grams of hoses and packed in white cardboard boxes, the all-inclusive price of each box is around 2.8 yuan; If it is a cream bottle, at least 0.4 yuan should be added to each box. In addition, the supervision of "Xiao" brand products is relatively loose, and the specific ingredients are generally written in herbal formula, but the actual added ingredients may not be completely listed. As long as the effective antibacterial ingredients are listed to ensure that the antibacterial rate meets the requirements, if it reaches more than 50%, other formulas do not need to be clearly listed.

　　"Many generations of original processing ‘ Eliminate ’ The font size is now ‘ Machinery ’ Font size ‘ Makeup ’ The font size, such as skin ointment for processing, can only be called bacteriostatic ointment, not eczema cream, which sounds a lot less effective. And recently ‘ Eliminate ’ Product name is strictly checked, so it is not recommended to use it. ‘ Machinery ’ The font size is much more convenient to operate. " The staff member said.

　　He also introduced that their batch numbers can be used directly, with low cost and complete procedures, and the products can be put on the market quickly, with simple operation, and there are professional guidance packaging instructions to help customers avoid troubles caused by exaggerated publicity.

　　For this kind of OEM phenomenon, Wang Yue analyzed that humectant belongs to the brand name of cosmetics and medicine belongs to the brand name of medicine. Compared with products with stricter brand names of medicine and cosmetics, products with the brand name of "Xiao" are relatively loose in management and supervision. Operators of "Xiao" brand products do not need to obtain a business license, and the detection indicators are mainly functions such as sanitation and disinfection. There is no need to establish an inspection system for drugs and cosmetics, and there is no need to check the operators’ operating conditions and product quality and safety.

　　"In the production of ‘ Eliminate ’ The ‘ Eliminate ’ The brand name product does not meet the national standards set by GB38850-2020 "List of raw materials for disinfectants and substances prohibited and restricted", and belongs to production defects. If the enterprise produces these products, according to the relevant provisions of the Product Quality Law, it shall be ordered to stop production, confiscate the illegally produced products, and impose fines. If the case constitutes a crime, criminal responsibility shall be investigated according to law. If illegal chemical drug production is added ‘ Eliminate ’ The enterprise of the brand name product also claims that the ‘ Eliminate ’ If the brand name product has a curative effect, its behavior conforms to the provisions of the Drug Administration Law on the production and sale of counterfeit drugs, and it should be punished by the drug regulatory authorities in accordance with this law. " Wang Yue said.

　　Wang Yue told reporters that enterprises or individuals in Wechat business who sell products with illegal "disappear" brand names belong to sellers. According to the Product Quality Law, if they sell products that do not meet the national standards and industry standards for protecting human health and personal and property safety, they shall be ordered to stop selling, confiscate the illegally sold products, and impose a fine of more than three times the value of illegally sold products (including sold and unsold products, the same below); If there is illegal income, the illegal income shall be confiscated; If the circumstances are serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law. If the sales enterprise also claims that the product with the name "Xiao" has curative effect, the punishment is the same as above.

　　"In addition, the network platform that provides false propaganda belongs to the publisher of the advertisement, if it knows or should know that the advertiser has ‘ Medical terms are used in advertisements or medical terms that easily confuse the promoted goods with drugs ’ If an illegal act is still designed, produced, represented or published, the market supervision and management department shall make corresponding punishment. " Wang Yue said.

　　Strengthen supervision and crack down severely.

　　Standardize the order of product approval

　　The reporter noted that some enterprises have been repeatedly punished by administrative punishment for illegally selling products with "Xiao" brand names, but such chaos is still repeated. What is the reason for it

　　Wang Yue said that in the product sampling inspection system, due to the limitations of the supervision and inspection departments in manpower and technology, most of the fish escaped from the net, and some unscrupulous enterprises were lucky; At the same time, because the supervision of "Xiao" products involves many departments, such as the Health and Wellness Commission, the Market Supervision Administration, and the Comprehensive Administrative Law Enforcement Bureau, it is easy to appear that no one cares under the supervision of many heads, resulting in insufficient supervision; In addition, the current means of administrative punishment are limited to confiscation, fines and revocation of licenses, and criminal responsibility is too modest at present, resulting in low illegal costs.

　　"Because of information asymmetry, consumers are prone to misjudgment and do not understand ‘ Eliminate ’ The difference between brand name products and medicines and cosmetics. In addition, the amount of consumer disputes is often relatively small, and quite a few consumers are unwilling to defend their rights for various reasons after measuring the cost of rights protection. " Wang Yue said.

　　In order to control the chaos of "consumer" brand products, relevant state departments and many places have begun to take action.

　　On February 20th this year, the Supreme People’s Procuratorate released a message, listing and supervising a batch of clues of public interest litigation cases of illegal addition of drugs to antibacterial (bacteriostatic) preparations with "Xiao" brand. According to the news released, in the early stage, during the process of testing the addition of antibacterial (bacteriostatic) preparations of the "Xiao" brand products, the Supreme Procuratorate Technical Information Research Center found that it was common to illegally add chemical drugs to antibacterial (bacteriostatic) preparations and the instructions did not meet the requirements.

　　The Supreme People’s Procuratorate put forward specific requirements for the supervision of clues in such cases, and issued the Notice on Listing and Supervising the Cases of Illegal Addition of Anti-(bacteriostatic) Antibacterial Preparations with "Xiao" brand, requiring local procuratorial organs to comprehensively sort out the loopholes in the system and mechanism in the production, testing and supervision of "Xiao" brand products reflected in handling cases, so as to promote administrative organs to improve the mechanism and plug the loopholes in time. At present, many procuratorates across the country have carried out special supervision work.

　　In late August, assigned by the People’s Procuratorate of Linfen City, Shanxi Province, the People’s Procuratorate of houma city immediately accepted the clues of cases in which pharmaceutical enterprises within its jurisdiction produced non-compliant "Xiao" brand antibacterial (bacteriostatic) preparations, and immediately carried out investigation and verification. In view of the problems found, the hospital immediately issued a pre-litigation procuratorial proposal to the relevant administrative organs, suggesting that the unit should investigate the disinfection products produced by pharmaceutical enterprises within its jurisdiction one by one, strengthen the supervision and management of labels, and urge enterprises to timely file all disinfection products health and safety evaluation reports online to ensure product quality and consumers’ right to know.

　　The People’s Procuratorate of Manas County, Xinjiang Uygur Autonomous Region has also recently carried out special supervision on antibacterial (bacteriostatic) preparation products with "Xiao" brand. Public interest litigation prosecutors focused on investigating whether drugs were illegally added to the products sold in the market, and whether the packaging or instructions contained false propaganda implying medical effects such as "x times a day", "x days as a course of treatment" and "following the doctor’s advice". In view of the problems found in the supervision, Manas County Procuratorate issued a pre-litigation procuratorial proposal to the county health authorities, suggesting that they supervise the recall of the problematic products, standardize the market order of the products with the "consumer" brand, and safeguard the health and safety of the people.

　　Experts interviewed by reporters believe that the procuratorial organs can effectively regulate the market order of products with "Xiao" brand name through special supervision activities, and provide a strong legal guarantee for the people to use safe disinfection products.

　　"Regulatory authorities should use big data, blockchain and other means to improve the level of smart supervision and supervision efficiency, grasp the quality and safety information of market products at the first time, and block unsafe products from the market to the maximum extent. In addition, a special supervision joint mechanism will be established, with a main responsible department taking the lead, which will jointly carry out normalized supervision and inspection and law enforcement synchronous projects with other relevant departments, so as to realize the supervision situation in which some people are in charge, some people are investigated and some people are dealt with in time. Accordingly, in view of the fact that the empirical effect of administrative punishment is not good at present, it is suggested to increase the punishment for ‘ Eliminate ’ The investigation of criminal responsibility for illegal acts in the production, sales and promotion of brand name products. " Wang Yue suggested.

　　In his view, the public interest litigation mechanism under the responsibility of the Consumers Association can also be improved, so as to solve the problem of consumers’ unwillingness and inability to defend their rights. The new law on the protection of consumers’ rights and interests clarifies the main position of consumer associations at or above the provincial level in public interest litigation. For mass consumption incidents, consumers can report to municipal consumer associations, which request provincial consumer associations to file public interest litigation, and provincial consumer associations decide whether to file public interest litigation.

　　(Reporter Zhang Shoukun Comic Li Xiaojun)