On December 9, 2024, a seminar on the theme of “Legal Issues of Execution, Civil and Criminal Laws Related to Diet Pills, Beauty Products and Health Care Products” was held as scheduled in the Multi-functional Hall on the 22nd floor of the Beijing King&Capital Law Firm.
Opening Speech and Guest Introduction
Zhu Yonghui
Mr. Zhu Yonghui, Director of King&Capital Law Firm, delivered a speech. First of all, he expressed his warm welcome and heartfelt thanks to all the guests. He pointed out that since its establishment, King&Capital Food and Drug Law Research Center has been committed to the research on the frontiers of food and drug law, and has been continuously promoting the improvement and development of the food and drug legal system. The Center always upholds the spirit of openness, cooperation and sharing, and actively establishes cooperative relationships with universities and law firms around the world to jointly carry out food and drug law research and practice. For newly emerged legal and regulatory issues, as well as hot social food and drug events, the Center has carried out timely responses and in-depth research, providing strong legal support for government decision-making, corporate compliance and consumer rights protection. The topic of this seminar - legal issues related to diet pills, beauty products and health care products - is precisely one of the hot issues of current social concern. It is hoped that all the guests will make full use of this opportunity to have in-depth exchanges and share their experiences, so as to jointly promote social legislation, solve legal problems and create a food and drug safety pattern of common construction, common governance and sharing.
Mr. Wang Zhiqiang
This meeting was chaired by Wang Zhiqiang, Deputy Director of King&Capital Food and Drug Law Research Center. He first introduced the guests attending this seminar. They included Zeng Wenyuan, Deputy Director of the Food, Drug and Environmental Crime Research Center of the People's Public Security University of China; Tang Jianbin, Senior Partner of Beijing King&Capital Law Firm and Director of King&Capital Food and Drug Law Research Center; Ji Shaoguang, Member of the Management Committee of Beijing Huixiang Law Firm and Senior Partner of Equity; Jia Xiaoyu, Attorney-at-law of Beijing Jincheng & Tongda (Hangzhou) Law Firm; Lv Yan, Deputy Director of King&Capital Food and Drug Research Center; Yan, Huainan, Zhang Yongfu Mr. Lv Yan, Mr. Yan Huainan and Mr. Zhang Yongfu, Deputy Directors of King&Capital Food and Drug Research Center, Mr. Zhang Deshan and Mr. Li Mingzhen, Lawyers of King&Capital Law Firm, Mr. Wang Qingguo, Director of Liaoning Boshun Law Firm, Mr. Chen Jun, Director of Litigation Department of Beijing Jingkun Law Firm, Mr. Nie Yenling, Co-founder of Beijing Qiancheng Law Firm, Mr. Song Hong, Former Chief Legal Officer of Hong Kong Listed Company Puhua Heshun Group, Mr. Gao Lei, Attorney at Law, and Mr. Xia Jie, Former Senior Superintendent of Beijing Xindjie Law Firm.
Theme Study and Presentation Discussion
Yan Huainan
Mr. Yan Huainan firstly reported on the administrative and criminal risk response in the field of diet pills, health products and beauty products. He pointed out that these products often suffer from exaggeration and false propaganda in advertising and marketing, which can lead to administrative penalties or even criminal liabilities. Through specific cases, he analyzed the legal provisions that might be violated, pointed out the strategies that enterprises should adopt in dealing with the tendency enforcement, and emphasized that enterprises should handle complaints as soon as possible, communicate actively and dare to defend their rights in order to effectively avoid legal risks.
Jia Xiaoyu
Ms. Jia Xiaoyu gave an in-depth analysis of the legal characterization and defense ideas of health food related cases. Through several cases, she explained in detail the laws and regulations that may be violated in the sales process of health food, such as the crime of producing and selling poisonous and harmful food, and the crime of obstructing the management of drugs. She pointed out that the characterization of the product is the key to the defense, need to consider the product publicity, consumer awareness, product ingredients and efficacy and other factors. When handling such cases, lawyers should fully understand the relevant laws and regulations and judicial interpretations, accurately determine the nature of the case, and provide effective legal defense for the parties.
Wang Qingguo
Mr. Wang Qingguo gave an in-depth explanation on the crime of obstructing drug administration. He combed through the historical development and legislative background of the crime of obstructing the management of medicines in detail, from the crime of manufacturing and trafficking counterfeit medicines in the 1979 Criminal Law to the crime of obstructing the management of medicines added in the Amendment (XI) of Criminal Law nowadays. He also analyzed the current situation, incrimination logic and investigation process of obstruction of drug administration cases, and shared the defense strategies and effective defense points.
Lv Yan
Mr. Lv Yan shared his views on the crime of customizing proprietary Chinese medicines on behalf of customers and the crime of producing and selling counterfeit medicines. He explained in depth the modification of the Amendment (XI) to the Criminal Law on the crime of fake and substandard medicines, and elaborated on the relevant laws and regulations on the crime of obstructing the management of medicines. Through actual cases, he analyzed the legal risks that may be involved in customizing proprietary Chinese medicines on behalf of customers and provided targeted defense ideas. He emphasized that when handling such cases, lawyers should fully understand the facts and legal provisions of the case, accurately grasp the nature of the case, and provide effective legal defense for their clients. At the same time, he also reminded enterprises to strengthen compliance management to avoid violating laws and regulations.
Zhang Deshan
Mr. Zhang Deshan shared his views on the defense of innocence in the context of the revision of drug regulations. He focused on the comparison between the former Drug Administration Law and the current regulations, especially on the change of the provisions on the punishment for counterfeit drugs. Through actual cases, he deeply analyzed the boundaries between the crime of illegal business operation and the crime of selling counterfeit drugs, and emphasized the importance of innocent defense under the new regulations. He pointed out that when handling drug-related cases, lawyers should fully understand the relevant laws and regulations and judicial interpretations, accurately judge the nature of the case, and provide effective legal defense for their clients. At the same time, he also emphasized that lawyers should focus on evidence collection and review to ensure the authenticity and legality of evidence when handling such cases.
Ji Shaoguang
Lawyer Ji Shaoguang gave a speech on the demarcation between the crime of false advertising and the crime of fraud. Through cases in the fields of diet pills, beauty products, and health care products, he explained in detail that the key difference between the two crimes lies in factors such as the authenticity of the operator's identity, the promotion of the product's efficacy, after-sales service, and the cost and selling price. He suggested that enterprises should register and obtain appropriate qualifications in accordance with the law, operate in good faith, avoid false publicity for nothing, improve the quality of after-sales service and set reasonable pricing.
Li Mingzhen
Ms. Li Mingzhen discussed in depth the issue of the connection between the execution and punishment of the crime of obstructing the administration of medicines. She reflected on the mechanism of linkage between execution and punishment and the principle of unity of law and order, and deconstructed and reconstructed the crime of obstructing the administration of medicines. Ms. Li Mingzhen focused on analyzing the forward and backward connection in the connection of execution and punishment, as well as the application and questioning in practice. She pointed out that the mechanism of convergence plays an important role in guaranteeing the implementation of laws and maintaining judicial justice. However, there are some problems in practice, such as poor interface and different standards. Therefore, there is a need to further improve the mechanism of linking execution and punishment, and to strengthen the collaboration and cooperation between departments to ensure the effective implementation of the law.
Mr. Wang Zhiqiang
Mr. Wang Zhiqiang, on the other hand, put forward 10 lines of defense review for the second trial case of overseas diet pills sold in China for the suspected crime of producing toxic food. He emphasized that on the objective side, the focus should be on reviewing the process of extracting, collecting, and storing the material evidence of the prosecution, as well as the accuracy and legality of the test reports and opinions of the determination. At the same time, attention should also be paid to the review of evidence presentation, questioning and authentication to ensure that each piece of evidence has been questioned in court and the verdict does not exceed the scope of the charges. His sharing provides lawyers with powerful defense strategies when dealing with such cases.
Zeng Wenyuan
Prof. Zeng Wenyuan shared his views on the protection of the rule of law for the development of the health food industry in China. He pointed out that health food has become a focus of attention for the majority of consumers amidst the booming development of the overall industry. Health food is not only in demand by the elderly, but also increasingly emphasized by the young and middle-aged population. However, the health food industry still has some problems in terms of sales practices and product quality. He suggested that the way of penalization should be changed to establish a rule of law environment that is strict but not harsh, so that the majority of food operators can feel the care and support of the state. At the same time, advanced sales models should be introduced to achieve personalized development to avoid health food losing the significance of its own industry.
Appointment Ceremony
Appointment Ceremony
The official agenda of the seminar included the appointment ceremony of the researchers of King&Capital Food and Drug Law Research Center. Six experts, Jia Xiaoyu, Wang Qingguo, Ji Shaoguang, Zhang Deshan, Song Hong and Li Mingzhen, were appointed as researchers of King&Capital Food and Drug Law Research Center. Mr. Tang Jianbin, Director of King&Capital Food and Drug Law Research Center, presented them with appointment certificates and took a group photo.
Summarize and Prospect
Tang Jianbin
At the final stage of the seminar, Mr. Tang Jianbin, Director of King&Capital Food and Drug Law Research Center, made a summary speech. He firstly expressed his heartfelt thanks to all the guests and congratulated the success of the seminar. He also pointed out that the seminar brought together many experts, scholars and practitioners to discuss the legal issues of civil and criminal law in the related fields of diet pills, beauty products and health care products, and achieved fruitful results.
He emphasized that the seminar had created several firsts: firstly, it was the first time that the legal issues of civil and criminal law in the related fields of diet pills, beauty products and health products had been taken as the theme of the seminar; secondly, it was the first time that such a large number of experts, scholars and practitioners had been brought together to jointly discuss those issues; and thirdly, it was the first time that a number of targeted recommendations and solutions had been put forward. These outcomes are of great significance in promoting the improvement and development of the food and drug legal system. The Center will continue to uphold the concept of cooperation and sharing, and bring together people who wish to devote themselves to the study of food and drug law, so as to jointly promote the improvement and development of the food and drug legal system.
“New Program Launch
Scene of the event
Mr. Tang Jianbin, Director of the Center, announced the establishment of two new projects, namely the “Research Project on Food and Drug Crimes and Difficult Administrative Cases” and the “Project on Defending Public Interests in Internet Food Safety”. The “Food and Drug Crime and Administrative Difficulties Research Project” will bring together a team of lawyers, researchers and expert consultants to conduct in-depth research and solve criminal and administrative difficulties in the field of food and drug safety, while the “Internet Food Safety Public Interest Rights Defense Project” is dedicated to disseminating food and drug safety knowledge and exposing the Internet's food and drug safety problems. The “Internet Food Safety Public Interest Rights Defense Project” is dedicated to disseminating knowledge about food and drug safety, revealing Internet food and drug traps, helping consumers fix evidence to defend their rights and representing them in punitive damages cases. The establishment of these two programs will be a solid step forward for the Center in the field of food and drug safety.
Finally, Mr. Tang expressed his heartfelt thanks to all the guests for their active participation and contributions, and hoped that we could continue to work together to promote the improvement and development of the food and drug legal system in the future.
