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Investigation on market chaos of medical dressings as facial masks sold on the Internet
(Summary description)With the rise of e-commerce platforms and live broadcast sales, "Machine Brand" masks applied on the face and cosmetic contact lenses worn on the eyes are becoming more popular in live broadcast rooms and are favored by consumers. But many consumers do not know that it is a medical device
Investigation on market chaos of medical dressings as facial masks sold on the Internet
(Summary description)With the rise of e-commerce platforms and live broadcast sales, "Machine Brand" masks applied on the face and cosmetic contact lenses worn on the eyes are becoming more popular in live broadcast rooms and are favored by consumers. But many consumers do not know that it is a medical device
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- Time of issue:2021-12-16 11:51
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●With the rise of e-commerce platforms and live broadcast sales, "Machine Brand" masks applied on the face and cosmetic contact lenses worn on the eyes are becoming more popular in live broadcast rooms and are favored by consumers. But many consumers do not know that it is a medical device
●"Machine Brand" mask is a medical dressing, which belongs to the category of medical equipment. The naming of medical dressings in accordance with the management of medical devices shall comply with the requirements of the "General Naming Rules for Medical Devices", shall not contain promotional words such as "beauty" and "health care", shall not contain exaggerated scope of application or other misleading or deceptive content
●The platform, as an advertiser, should pay attention to the fact that the operation of medical devices cannot be falsely promoted or excessively promoted, otherwise it will bear the relevant legal responsibilities for medical treatment and advertising
"This'Machine font' facial mask has better beauty effects than ordinary facial masks, and has a soothing and repairing'medical beauty' effect." On a short video platform, a beauty anchor was blatantly "praising" during the live broadcast. A mask that can be used every day, and the price is similar to that of a regular mask.
A reporter from the Rule of Law Daily noticed that one minute after the mask was put on the shelves, 300 items were robbed. In the message area, almost no one raised questions about the "Machine Brand", and more people are concerned about the effect of use.
The so-called "Machine Brand" refers to the medical device registration brand name, and "Machine Brand" products refer to medical devices that can guarantee their safety and effectiveness through the implementation of national routine management.
In recent years, with the rise of e-commerce platforms and live broadcasts, "Machine Brand" masks applied to the face and cosmetic contact lenses worn on the eyes have become increasingly popular in live broadcast rooms and are favored by consumers. . However, the reporter’s investigation found that many consumers who bought the “Machine Brand” products did not know that they were medical devices and could not use them at will in their daily lives. Frequent chaos in the market for "Font Size" products.
Machine brand products are medical devices
But many consumers don’t know
Ms. Wu from Jinhua, Zhejiang has been using a medical beauty facial mask, but she did not feel the difference between this facial mask and other facial masks, but the appearance is different from other facial masks-this "Machine Brand" facial mask is written on the packaging. With "Medical Sodium Hyaluronate Repair Patch."
"The merchant advertises that this is a ‘machine font’ mask, but I really don’t know that it is actually a medical device." Ms. Wu said.
Like Ms. Wu, Ms. Li from Yancheng, Jiangsu is also keen to use the "Machine Brand" mask, because she learned from the merchant that this mask "can eliminate acne, eliminate acne marks, reduce pores, anti-aging, and repair sensitive skin... "And these restorative functions are all "just needed" for Ms. Li. But she has always thought that this is a "medical beauty mask", and did not equate it with medical devices at all.
The reporter searched for "Machine Font Mask" on the e-commerce platform and found that most businesses described such products with keywords such as "Facial Repair Membrane Machine Name" and "Mei Facial Mask Machine Name".
As early as January 2020, the National Medical Products Administration at the time issued an announcement on "Cosmetics Science: Beware of Facial Mask Consumption Trap", stating that there is no such thing as the concept of "Mask Mask".
The announcement pointed out that the "Xia Zihao" mask is a medical dressing and belongs to the category of medical devices. The naming of medical dressings under the management of medical devices shall comply with the requirements of the "General Naming Rules for Medical Devices", shall not contain promotional words such as "beauty" and "health care", shall not contain exaggerated scope of application or other misleading or deceptive content. "Machine font mask" is a concept created by merchants for sales, and medical device products cannot use "mask" as their name.
The reporter found out that in addition to the "Machine Font Mask", three types of products, namely cosmetic contact lenses, medical beauty creams, and human-like collagen, are also medical devices. Their other names are contact lenses, liquid dressings, and soluble collagen.
After learning that the cosmetic contact lenses she used frequently turned out to be contact lenses, Ms. Wang from Shanghai finally understood the cause of frequent eye inflammation. She had been buying a foreign brand of cosmetic contact lenses. After using it for a period of time, her eyes often became irritated. After going to the hospital for examination, she learned that the cornea was scratched by the cosmetic contact lenses.
In fact, the State Administration for Market Regulation has already clearly defined color contact lenses as three types of medical devices. Users should first perform eye examinations, go to a spectacle store with relevant qualifications to buy large-brand, formal color contact lenses, and Use under the guidance of people.
Because she did not understand these regulations, Ms. Wang used cosmetic contact lenses as cosmetics, and she often purchased them through e-commerce platforms or offline optical shops, so her eyes were injured and it is not clear why.
Various kinds of online sales channels
The authenticity of business qualifications raises doubts
The reporter searched for keywords such as "medical beauty mask" and "machine name" on some mainstream e-commerce platforms, and found that the pop-up product interfaces were all products released by online pharmacies and medical equipment stores. These stores also have "passed the National Drug Administration." "Bureau of Records, License and Certification" and other words. But in some apps on Tieba and life interactive platforms, when searching with the above-mentioned keywords, the reporter found some "silly".
The reporter clicked on an "affordable cosmetic contact lenses" experience post in an app. The content seemed to be the blogger’s evaluation, and the top of the comment area is the purchase method attached to the blogger. If you want to buy this affordable cosmetic contact lens, It is necessary to privately message the blogger and add his contact information. Below the comment area, there are more than a hundred messages, most of which are messages from consumers vying to add the contact information of the blogger, seeking purchase and using experience.
After privately messaged the blogger, the reporter added the blogger’s contact information and found that the blogger’s circle of friends was full of articles similar to cheap cosmetic contact lenses, and the copywriting was similar. The blogger specifically reminded in every copy that the cosmetic contact lenses were purchased from Japan, South Korea and other places, and the supply is in short supply. If you want to buy them as soon as possible.
When asked whether he has marketing qualifications, the blogger sent a picture with a coded medical device business license, and the company name, residence, business site, warehouse address and other information were all marked with thick Mosaic.
In the circle of friends of another store named "Good Things An Liguan", the reporter found that the beauty products it sells also include medical equipment such as facial masks and cosmetic contacts. Through the conversation, I learned that it was an agent, not a distributor, and it was directly picked up from the manufacturer through the upper house, and he did not have the business qualifications.
When the reporter indicated the purchase intention, the other party sent a link. After clicking to enter, the interface was very simple, and there was no product introduction. Some product names were replaced by pinyin, and the price was much cheaper than the official website price. The reporter then asked the store if these products were purchased from a regular manufacturer, and the store was "blocked" immediately.
Medical devices are called cosmetics
The merchant’s move is illegal
According to Zheng Ning, director of the Law Department of the School of Cultural Industry Management, Communication University of China, my country applies two sets of regulatory systems to medical devices and cosmetics, which are the "Regulations on the Supervision and Administration of Medical Devices" and the "Regulations on the Supervision and Administration of Cosmetics." Merchant sales must conform to the business scope of the enterprise.
Wang Yue, a professor in the Department of Medical Ethics and Law of Peking University, told reporters that medical devices are classified into one, two, and three categories according to the risks of their products. According to different product categories, medical device management is managed by classification. License and filing are not required for operating medical devices of the first category, filing management for operating medical devices of the second category, and licensing management for operating medical devices of the third category.
"After obtaining the medical device business registration certificate, the enterprise can sell the second-class medical device within the approved scope; after obtaining the medical device business license, the enterprise can sell the third-class medical device within the approved scope." Wang Yue said.
According to the Regulations on the Supervision and Administration of Medical Devices, if a merchant is not qualified to sell, the department responsible for the supervision and administration of drugs and the competent health department shall order corrections and give warnings according to their respective responsibilities; if they refuse to make corrections, they will be fined 10,000 yuan and more than 100,000 yuan. The following fines; if the circumstances are serious, they shall be ordered to suspend production and business, until the original license-issuing department revokes the medical device registration certificate, medical device production license, and medical device business license, and is directly responsible for the legal representative, main person in charge of the illegal unit The person in charge and other responsible persons shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
"The naming of medical dressings under the management of medical devices shall comply with the requirements of the "General Naming Rules for Medical Devices", and shall not contain promotional words such as'beauty and health care', and shall not contain exaggerated scope of application or other misleading or deceptive content. If a business declares a medical device as a cosmetic, it is illegal." Zheng Ning said.
Zheng Ning believes that operators of e-commerce platforms that provide services for online transactions of medical devices should register real-name medical device operators, review their business licenses, filing status, and the registration and filing status of medical device products they operate, and operate them. Behavior management. If an e-commerce platform operator discovers that the networked medical device operator has violated the provisions of these Regulations, it shall stop and immediately report to the medical device operator’s location of the districted municipal people’s government responsible for drug supervision and management; if a serious violation is found, The provision of online trading platform services should be stopped immediately.
Deng Liqiang, deputy director of Beijing Huawei Law Firm and executive director of the China Health Law Society, reminded that the platform, as an advertiser, should pay attention to the fact that the operation of medical devices cannot be falsely promoted or excessively promoted, otherwise it will bear medical and advertising related legal responsibilities.
"In addition to administrative penalties, criminal responsibility should also be pursued against the offenders of fictitious advertising content. Relevant platforms should establish a rewarded reporting mechanism to encourage the public to crack down on false propaganda businesses. Government departments should publicize and educate consumers so that consumers Know which business advertisements are false publicity and avoid the violation of illegal medical advertisements." Wang Yue said.
For consumers, Deng Liqiang pointed out that medical institutions will only use medical devices when they perform some special treatment on patients, and consumers are not recommended to use them outside of medical purposes.
"Medical devices often need to be instructed by qualified doctors and used in the correct usage and dosage. They cannot be used as daily skin care products for a long time. Do not buy'Machine Brand' cosmetics casually. If you encounter disputes, you can complain to the Consumers Association." Zheng Ning Say.
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