Therefore, "hyaluronic acid" and "face-lifting needle" must obtain the registration certificate or approval number before they belong to the drugs prescribed by law, otherwise they may be suspected of selling counterfeit drugs and have criminal risks.
Fake drugs refer to drugs and non-drugs that belong to fake drugs and are treated as fake drugs according to the provisions of the Drug Administration Law.
According to the provisions of Item 1 and Item 5 of Paragraph 3 of Article 48 of the Drug Administration Law, the raw materials prohibited by the drug supervision and administration department of the State Council, which are produced from raw materials that must obtain the approval number according to the provisions of this Law, are regarded as counterfeit drugs. Article 40 of the Regulations on the Supervision and Administration of Medical Devices stipulates that the use of unregistered medical devices is prohibited.
Therefore, "hyaluronic acid" without the registration certificate issued by the General Administration of Food and Drug Administration of the United States and "face-lifting needle" without the approval number will be identified as counterfeit drugs or treated as counterfeit drugs after the drug supervision and administration department at or above the prefecture level issues an appraisal opinion. Knowing that it is a counterfeit drug will constitute the crime of selling counterfeit drugs.
Generally, the cost of purchasing legal and compliant hyaluronic acid and face-lifting needles through formal channels is higher, and the profits obtained by merchants are smaller, which urges some vendors to purchase unregistered hyaluronic acid or face-lifting needles without approval number through improper channels and sell them to seek illegitimate interests.
According to Article 14 1 of the Criminal Law, whoever sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated.
According to the "Interpretation of the Two Colleges and Universities on Handling Criminal Cases Endangering Drug Safety", "face-lifting needle" belongs to toxic drugs for medical use and will be severely punished when sentencing; Strict application of probation and exemption from criminal punishment; For those who apply probation, an injunction is also issued to prohibit criminals from engaging in drug production, sales and related activities during the probation period of probation; Generally, a fine of more than twice the production and sales amount is imposed according to law.
1, crime of illegal medical practice. Only medical personnel with doctor qualification certificate and practicing certificate can inject "hyaluronic acid" and "face-lifting needle" for consumers. Life beauty salons that have not obtained the Practice License of Medical Institutions are not medical institutions, and it is illegal to inject "hyaluronic acid" and "face-lifting needle" for consumers without authorization. However, according to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Medical Practice, if the crime of illegal medical practice also constitutes the crime of selling counterfeit drugs, it shall be punished as a felony.
2. Crime of illegal business operation. It is illegal to sell Class III medical devices and drugs used for medical beauty without obtaining the Medical Device Business License, which is in line with the criminal constitution of the crime of illegal business. This crime and the sale of counterfeit drugs are two kinds of criminal acts, which should be punished with the crime of illegal business operation and the crime of producing and selling counterfeit drugs respectively, and combined punishment for several crimes should be implemented.
Beauty salons and other institutions should purchase "hyaluronic acid" and "face-lifting needle" through formal channels, and check their registration certificates or approval numbers during the procurement process.
In addition, we often see people selling beauty products such as "hyaluronic acid" and "face-lifting needle" in the WeChat circle of friends, or selling the bought "hyaluronic acid" and "face-lifting needle" to others at high prices. If "hyaluronic acid" and "face-lifting needle" are identified as counterfeit drugs, they will be suspected of selling counterfeit drugs; Those who have not obtained the business license of medical devices for sale may be suspected of illegal business operation; Injecting "hyaluronic acid" and "face-lifting needle" for consumers without obtaining "Doctor Qualification Certificate" and "Doctor Practice Certificate" will be suspected of illegal medical practice.
The risk of crime must be prevented in advance, and ignorance of the law cannot be an excuse.