2015-10-29 17:15
South Korea's direct sales: to promote the legislation to punish health care products
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[CNDSN10 29] (Legal Daily) in South Korea, with the improvement of living standards, the national health, health care, health care products market has become a huge business profit space. However in April this year, South Korean consumers association a relevant Baishouwu health food false report is like a thunder, the explosion woke up to the majority of consumers "health dream", health care products market in South Korea caused no small storm counterfeiting. Korea food and Welfare Committee, South Korea food and drug safety department (referred to as the food and Drug Department), the South Korean Consumer Association (referred to as the Association) and other party, government and civil society organizations around health care security issues are called for strengthening the legal supervision. October 15th, South Korea's ruling party and the food and drug administration party held a party and government together to discuss the comprehensive measures to speed up the legislation, trying to restore confidence in the health of the people.
Cynanchumbungei events that upset consumers
April 22, South Korea Association released survey results, in Korean health care products in the market circulation of 32 species of Radix Cynanchi bungei health care products, after DNA detection, only 3 kinds of products really use the Baishouwu raw materials, of which 12 kinds of products only heterophylla leather fire, 9 kinds of products using the mixture of Radix Cynanchi bungei and P. heterphylla Cynanchum auriculatum, other 8 kinds of products, although on the use of the logo of Baishouwu raw material, but was not detected in Baishouwu components.
In South Korea, Radix Cynanchi bungei as a health care medicine was incorporated into the Codex Alimentarius, taking the opportunity of raw materials can be processed into for improving climacteric syndrome and improve the immunity of health care products, with 300 billion won market size. And leather heterophylla fire although with Baishouwu belong to Asclepiadaceae plants, roots with the appearance of Baishouwu similar, but its not only belong to medicine, but also likely to cause hepatotoxicity, neurasthenia and other side effects.
"A stone aroused waves Melaleuca, Korea food and drug to confirm the market circulation in Baishouwu as raw materials to health care products mixed heterophylla Cynanchum auriculatum, hence of Baishouwu as raw materials to produce health care products of the 256 food manufacturing processing enterprises and 44 health care products manufacturing enterprises were examination. But to 6 home health care products manufacturing enterprises provide a composite of Cynanchum auriculatum extract raw materials Naturalendo technology companies but to the associations to raise an objection, think CaseTrust unilaterally, free to give the survey results is not scientific, and moved out in February, South Korea food and drug at the test report to prove, namely "after DNA isolation and amplification (PCR) and found no false materials. South Korea food and drug administration office is forced to again for investigation and collection of evidence, the results show that, Naturalendo technology company's products detected heterophylla Cynanchum auriculatum components.
On June 5, South Korea food and drug administration director Jin Shengxi in Congress accepted health and welfare committee member's question also said that "Radix Cynanchi bungei Palace" of Naturalendo technology companies in the production of health care products containing inedible heterophylla cowhide components.
This incident caused a consumer unrest. Consumers generally believe that to buy fake products is not terrible, terrible is using the banned materials products even in the market grandly circulation, visible food and medicine supervision useless. Just as the South Korean from all walks of life around the health care market should be how to strengthen the supervision to the intense debate but has not yet formed a unified opinion, September 17, South Korea Agricultural and livestock production camp Agricultural Cooperation Corporation was the media broke the manufacture and sale of fake red ginseng health food.
Legal absence can not make a strong case
According to South Korean media reports, with the growing health care products market, some unscrupulous businessmen to pursue interests more, intended to reduce the product cost, even shoddy, to create a few "problem" products, these products filled with health care products market in South Korea.
Health care products side effects declaration case in 2006 for 16 pieces, but to 2014 has soared to 1733, according to statistical data released by the Korea food and drug at a the "health product instance declaration" of the status quo. As of June this year, has received 332 complaints. Health care products to the food and drug side effects reported cases in 2014, 301 and about baishouwu.
Korea Association on April 22, announced the Baishouwu healthy product and to selling counterfeit Baishouwu products GS home shopping, shopping &, modern home shopping six family TV shopping company offered to consumers suffer compensation scheme is proposed. But these 6 companies for the association of the proposed performance was not a glance, and refused to compensate.
It is understood that South Korea association is currently facing the embarrassment of reality is that it does not have the authority to give consumers a fraud, injury cases, only with the right to recommend, do not have the right to enforce the law. According to South Korea's current "consumer law", association authority only issued consumer security alerts, and product safety related to the fact that the announcement and to selling products hazardous enterprise proposed rectification suggestions. Consumers do not have the right to request illegal business information, and do not have the right to represent the consumer rights of the illegal enterprise collective action.
South Korean law, when the specific companies against the interests of consumers, only in central Korea chamber of Commerce and industry, small and medium-sized enterprise collaboration will, the central administrative organs and other registration of the non-profit non-governmental organizations has filed a class action lawsuit rights association does not include. The Korean Association of the weak position to its weak crackdown, always could not make a strong state of embarrassment. Helpless, the association can only the home shopping companies and production enterprises selling "fake Baishouwu" products in the website promotion of false and exaggerated advertising, such as improper and collected relevant information submitted to the Korea food and drug at. But disappointing is that food and medicine are slow, association on June 3, the radix Cynanchi bungei advertising false part of the survey materials submitted to the food and medicine, has over the past four months, the food and Drug Department have been slow to get out solutions.
In September 14th, South Korea's parliament's inspections will, association of food and Drug Department expressed dissatisfaction with the slow. But the food and Drug Department said that for the case of the relevant materials and punishment request, the food and Drug Department has set up a central mission, the need for investigation and evidence involved in the company and the company, is currently in the evidence phase.
As soon as possible legislation to punish illegal fraud
With the continuous fermentation "Baishouwu incident", people from all walks of life in South Korea called on the government to improve the relevant legal, illegal investigation into health care products market chaos and punish harm to consumers' rights and interests of unscrupulous counterfeiters. June 19th, the new political and democratic coalition members Min Bingdou proposed the consumer law amendment, the core is to give consumers the right to bring the case and the case of collective action to protect consumers' rights and interests of the act to provide legal protection.
South Korea will be the legislative investigation department in August 5th said that consumers buy health care products in order to effectively improve the physical condition, in the current health care product certification management system should be developed to effectively improve the reliability and objectivity of the policy program. The legislative department pointed out that the current food and Drug Administration in the safety of health products and functional certification, over reliance on the production of certified materials submitted by the company. "Baishouwu incident" exposed the problem is to rely solely on their lack of clinical report submitted the objectivity of the certification review.
To restore consumer confidence in the health care market, South Korea food and Drug Administration and the ruling party in October 15th held a Party Congress, on the use of prohibited raw material production of health care products to increase the penalties for illegal enterprises in the product health functions certification to improve national participation and other aspects of the agreement.
South Korea's congressional health and Welfare Committee of the ruling party, Li Mingshu, said after the meeting, the safety management of health care products market, not simply to improve the regulatory system, but to focus on the implementation of strict implementation. She stressed that the use of illegal raw materials manufacturing products of illegal enterprises should increase the intensity of punishment, the standard from the current 5 years in prison and fined 50000000 won, adjusted to 10 years in prison and fined 100000000 yuan.
She said that from the perspective of strengthening the detection of raw materials and product standards, the issue of more than the enterprise all pull into the blacklist approach is more difficult to implement, but it will take to prohibit its sales, business and other emergency response measures. In addition, for the enterprise one-time access to product certification once and for all ills, in the future will be adjusted to 5 years for a cycle of re certification.
Mr Li Mingshu stressed that the ruling party will promote the legislation and make the appropriate budget as soon as possible, to make these measures as soon as possible, to rectify the market order, restore consumer confidence. 3
(original title: South Korea's direct sales: to promote legislation to punish health care products fraud)
Editor: Wan Wan
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