Don't step on these pitfalls of buying medicine without leaving your home

2025-02-05

Nowadays, online drug purchasing allows one to buy drugs from all over the country without leaving their homes, but there are also many legal risks involved. How should consumers avoid pitfalls and protect their legitimate rights and interests when purchasing drugs online? There is a big difference between buying drugs on the front line through "purchasing agents" and "online shopping". Some foreign drugs and health products are not easy to purchase in China, so a large number of "purchasing agents" seized the opportunity and came. Ms. Xia has an online shopping store that sells foreign spot goods. The "Shopping Notice" on the order snapshot of this online store indicates that taking this item is considered as "agreeing to the agency purchase contract between our store and you", "our store as the entrusted party of the commission contract", "for the price charged, both parties agree that it is the original price of the goods under the commission purchase contract and the total commission fee charged by the commissioning party for providing services", "our store defaults to sending domestic stock, and all goods are sent to China in advance by Japan and then transferred to express delivery", and other contents. Mr. Chen purchased health products through Ms. Xia's online store and found that the packaging of the health products did not have Chinese labels or inspection and quarantine certificates after receiving them. Later, there was a dispute between the two parties, and Mr. Chen demanded that Ms. Xia refund the purchase price and pay ten times the compensation. Based on the price of the goods involved in the case indicated by Ms. Xia's store, and the fact that the two parties did not agree on key information such as agency fees and shipping fees that should be clearly stated in the entrusted purchase contract, the goods were marked as in stock and the shipping address was in China, as well as the provisions of the "Platform Special Goods/Transaction Dispute Resolution Rules", the court determined that there was no legal relationship between the two parties for entrusted purchase. Ms. Xia's sales of the involved food products did not meet China's food safety standards, and ultimately supported Mr. Chen's lawsuit request. During the trial of this case, Mr. Chen argued that the product was not a "purchasing agent", but rather a product operated by Ms. Xia's store, and the transaction between the two parties should have been online shopping. So, what is the difference between "online shopping" and "purchasing agents"? Different online consumption behaviors may result in different legal relationships. 'Daigou' is a delegated act, where the entrusted content between the principal and the agent is that the principal entrusts the agent to purchase designated goods overseas and pay the corresponding 'service fee' to the agent. The quality of the entrusted purchased items is mostly based on the instructions of the principal, with general standards as a supplement. Online shopping "refers to the contractual relationship of online shopping, where the subject matter of the transaction between both parties is the product itself. Purchasing drugs online requires compliance with relevant regulations such as the Drug Administration Law of the People's Republic of China. It should be further reminded that what is commonly considered as "health products" should mostly belong to special foods rather than drugs. Therefore, when disputes arise over online shopping of health products, relevant legal provisions such as the "Food Safety Law of the People's Republic of China" and "Provisions on the Application of Laws in the Trial of Food and Drug Dispute Cases" should be applied to adjust food transactions. Case 2: If there are defects in online drug purchases, one can claim rights from the seller or producer to complete an online drug order, which requires the participation of multiple parties such as consumers, sellers, online service platforms, and express delivery companies. When consumers discover defects in the drugs they receive, who should they claim their rights from, and how should each party confirm their responsibility? Ms. Wen purchased medicine online and found obvious signs of secondary opening on the packaging and damaged aluminum foil on the medicine board after receiving it. Ms. Wen sued the "online pharmacy" to the court, demanding a refund of the purchase price and payment of ten times the compensation. After mediation by the court, a certain pharmacy website refunded Ms. Wen and paid partial compensation. If there are quality problems with the drugs received by consumers after online shopping, the responsible party can be confirmed in accordance with Article 44 of the Consumer Rights and Interests Protection Law of the People's Republic of China. This provision stipulates that if consumers purchase goods through online trading platforms and cause damage to their legitimate rights and interests, they may demand compensation from the seller or service provider. Therefore, Ms. Wen's claim against the drug seller was supported. In addition, Article 44 of the Consumer Rights and Interests Protection Law also stipulates that when online platforms are unable to provide effective information about sellers or service providers, consumers can also demand compensation from online transaction platform providers. Consumers should pay attention to recording and retaining communication information, drug information, and delivery status that occur during the process of purchasing drugs through photos or videos, in order to facilitate future rights protection. Case 3: Once the production and sale of counterfeit drugs harm others and oneself, we will not tolerate consumers blindly trusting the online promotion of merchants when shopping for drugs. We must also pay attention to screening and ensuring the safety of medication ourselves. If merchants manufacture and sell counterfeit drugs, they need to bear corresponding legal responsibilities. Mr. Gao runs two online pharmacies with good business, selling multiple drugs imported without national approval. After being confirmed by the Beijing Food and Drug Administration, the various drugs seized in the store were all unapproved and imported drugs, and should be punished as counterfeit drugs according to law. The court ultimately found Mr. Gao guilty of selling counterfeit drugs and sentenced him to one year in prison and a fine of RMB 100000; The seized counterfeit drugs and two computer hosts will be confiscated. According to Article 98 of the Drug Administration Law, counterfeit drugs refer to drugs that do not contain the ingredients specified in the national drug standards, or use non drugs to impersonate drugs, or use other drugs to impersonate this type of drug. In order to severely crack down on the production and sale of counterfeit drugs, after the implementation of the Eighth Amendment to the Criminal Law, the crime of producing and selling fake drugs no longer requires "serious harm to human health" as a constituent element. As long as the perpetrator has a subjective intention to produce or sell fake drugs, once identified, they will be directly punished through criminal means. The production and sale of counterfeit drugs can harm the health of others and disrupt the socio-economic order. The current laws severely crack down on the production and sale of counterfeit drugs. Therefore, businesses should adhere to the principle of honest operation to participate in market transactions and provide consumers with legal, compliant, and qualified drugs.

Edit:Chen Jie    Responsible editor:Li Ling

Source:Beijing Youth Daily

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