Case Analysis Of Lu And Others Selling Toxic And Harmful Foods

Lu et al.illegally sold the “YANHEE” diet pills without obtaining a drug business license and a food business license.The court of first instance heard that the behavior of Lu and others constituted the crime of selling counterfeit drugs and illegal business.The court of second instance revoked the original judgment and sent it back for retrial on the grounds that the first-instance court decided to rely on the appraisal opinion lacking the signature of the appraiser.The retrial court heard that the behavior of Lu and others constituted the crime of selling fake and inferior products and the crime of illegal business.The Court of Final Appeal finally found that the behavior of Lu and others constituted the crime of selling toxic and harmful food.The focus of the dispute in this case is: whether the behavior of Lu et al.constitutes a crime of selling counterfeit drugs;whether it constitutes a crime of selling counterfeit and inferior products;whether it constitutes an offence of illegal business;whether it constitutes a crime of selling toxic or harmful food.After evaluation,first,the "YANHEE" diet pills should not be identified as medicines,but should be recognized as health foods.Lu and others confessed in the interrogation transcripts that "slimming pills" and "selling drugs" are life words.It can not be directly equated with legal knowledge,so Lu and others do not constitute the crime of selling counterfeit drugs.Second,although the products sold by Lu and others do not have Chinese label manufacturers,no production approval number,and no quality inspection certificate,it is “three no products”,but it does not mean “YANHEE” diet pills are fake products.According to the existing evidence,it cannot be identified as a counterfeit product.Therefore,the behavior of Lu and others does not constitute a crime of selling counterfeit products.Third,the stipulations of the crime of illegal business operations should be explained by restrictions.Lu and others did not register with the industrial and commercial enterprises,nor did they apply for health food business licenses to sell health foods.The current judicial interpretation does not stipulate the illegal operation of health foods.The crime of illegal business,the behavior of Lu and others does not constitute an offence of illegal business.Fourth,the behavior of Lu and others has the stipulations of selling toxic and harmful foods,such as sex,illegality,and accountability.Therefore,it should be determined that the behavior constitutes the sale of toxic and harmful food.