Can online and offline online stores and restaurants sell medicinal liquor without a license?

Can online and offline online stores and restaurants sell medicinal liquor without a license?

  Ginseng, deer penis, starfish, medlar … … After retirement, 76-year-old Huang Derong became addicted to medicinal liquor. He inquired about various formulas from the Internet and health books, and then bought high-alcohol liquor to brew himself. The kitchen was filled with large and small medicinal liquor jars, including those for strengthening yang and tonifying kidney, dispelling cold and dampness, and warming the veins. Old friends called him "Huang Yaoshi". On April 26th, I was admitted to Shengjing Hospital affiliated to China Medical University for a stroke because my blood pressure soared due to "making up too hard".

  In recent days, the "Hongmao medicinal liquor" incident has attracted attention. In real life, there are not a few people who make their own medicinal liquor like Huang Derong, and many pharmacies and restaurants also sell medicinal liquor, all of which are under the banner of health care. Experts remind that if you drink medicinal liquor unscientific, it will hurt your health.

  Unlicensed sales, most of the drinkers are men.

  In a northeast restaurant in Changjiang North Street, Huanggu District, Shenyang City, three and a half-meter-high transparent wine jars were placed at the checkout counter at the door. The crimson and golden liquid in the jars was mixed with ginseng, starfish, medlar and more than 10 unknown medicinal materials that the reporter couldn’t name. When the waiter saw that the reporter was interested in medicinal liquor, he leaned in and said, "From left to right, they are 28 yuan, 38 yuan, 58 yuan, Ziyin Yangyang and beauty beauty." According to the waiter, this medicinal liquor formula based on Chinese herbal medicines was developed by the boss himself, and many people bought it, and there were repeat customers.

  Medicinal liquor is a traditional dosage form of traditional Chinese medicine, which is made by mixing Chinese herbal pieces and wine in a certain proportion. It can achieve the purpose of preventing and treating diseases, protecting health and strengthening the body through oral administration or external use. At present, there are many kinds of medicinal liquor on the market, with a rough statistics of more than a thousand kinds. The concept of medicinal liquor has also become broader, which can be subdivided into different types, such as Chinese medicinal liquor, health wine, medicinal and edible wine and so on. Among them, Chinese medicinal liquor has the basic characteristics of medicine, with clear efficacy, indications, usage and dosage and contraindications, and must be used under the guidance of professional doctors.

  The reporter interviewed a number of small restaurants in Shenyang and found that many restaurants have homemade medicinal liquor, but there is no drug business license. The reporter visited many pharmacies such as Northeast Pharmacy, Weikang Pharmacy and Chengda Fiona Fang Pharmacy, and some nourishing Chinese medicines can be purchased without prescription.

  Entering the word "medicinal liquor" on multiple e-commerce platforms will lead to many search results. On a well-known e-commerce platform, a food franchise store sells 39 kinds of Chinese herbal medicines such as Eucommia ulmoides, Epimedium, Black Maca and Atractylodes macrocephala as brewing materials, and the qualification of the merchant’s certification is only a food business license. The customer service staff of the store told the reporter that the monthly sales of all kinds of soaked wine materials are about 500, with children buying them for their parents and wives buying them for their husbands. The final drinkers are middle-aged and elderly people, accounting for more than 80% of men.

  Chen Liang, the person in charge of Shenyang Jukangtang Pharmacy, told the reporter that due to the convenient purchase of Chinese herbal medicines for soaking wine, the publicity of the efficacy of medicinal liquor on the Internet and in advertisements was fantastic, which caused many people to drink it as health care products after brewing or purchasing.

  Medicinal liquor is medicine, not wine.

  Are all kinds of prescriptions about medicinal liquor "tonic" really reliable?

  Medicinal liquor is medicine, not wine. The staff of Shenyang Food and Drug Administration clearly said: "Medicinal liquor is medicine and is used to treat diseases. Medicinal liquor contains the dual functions of wine and medicine. Traditional Chinese medicine mostly tonifies deficiency, strengthens vital energy, harmonizes qi and blood, and balances yin and yang of human body. Wine can promote blood circulation and dredge meridians, and the two are integrated and complement each other. It is best not to take medicinal liquor if you are not sick. People who really want to drink medicinal liquor should consult a doctor first. "

  Can these online and offline medicinal liquor merchants carry out such sales? It is understood that as a health food, it should be applied to National Medical Products Administration according to the Measures for the Administration of Health Food Registration, and it can only be produced and sold after it is approved. As a drug, it is necessary to apply to National Medical Products Administration according to the Measures for the Administration of Drug Registration, and obtain the Approval Document of Drug Registration before it can be produced and sold.

  Wang Jinhai, a lawyer of Liaoning Qingsong Law Firm, said that the sale of self-made medicinal liquor without permission was suspected to be illegal. If the merchant sells the self-made medicinal liquor without obtaining the corresponding permission, it will be used to treat patients or sell it to the outside world, resulting in profits, which may affect the personal safety of certain groups. If the medicinal liquor leads to the consequences of group adverse reactions, criminal responsibility will be investigated.

  Similarly, it is not for profit, but if someone drinks homemade medicinal liquor, he should share the responsibility if something goes wrong.

  Wang Jian, 64, heard from his fellow villagers that soaking wine with precious medicinal materials such as centipede, snake and scorpion has a miraculous effect on rheumatoid arthritis. Wang Jian felt effective after soaking in wine, so he gave it to Mr. Chen in the same community. As a result, Mr. Chen’s face turned blue and his heart beat faster after drinking. His family was sent to a nearby hospital and recovered consciousness after gastric lavage, vomiting and infusion treatment in the emergency department. The emergency doctor said that the medicinal liquor may contain "kusnezoff monkshood" ingredients. Aconitum kusnezoffii is a perennial herb, which can dispel wind and dampness, dispel cold and relieve pain, but it will be poisoned if the concentration is slightly higher. Lao Chen’s daughter took Wang Jian to court. Wang Jinhai said that whether it is paid behavior or kindness, it constitutes a civil tort and needs to bear civil liability.

  Science popularization and supervision keep up at the same time

  The reporter interviewed 13 people who brewed pharmaceutical wine at random, and found that 9 of them took medicine and brewed wine according to the prescriptions of relatives and friends, and only 4 people made medicinal wine after consulting a professional doctor in the hospital according to their symptoms.

  The staff of Shenyang Food and Drug Administration reminded that medicinal liquor is usually divided into two categories: therapeutic medicinal liquor and nourishing health medicinal liquor. The former has a specific medical function and is mainly prepared according to the doctor’s prescription or experience, which has a significant therapeutic effect, but the taking method is strict, and only a few people can drink it in daily life. When purchasing finished medicinal liquor, you should not only be familiar with the efficacy of various medicinal liquors, but also choose according to your physical fitness.

  Yang Liu, a doctor of traditional Chinese medicine in a 3A hospital in Liaoning Province, said that the Chinese Medical Association issued the Technical Specification for Traditional Chinese Medicine Health Care Medicinal Liquor in January 2011, which explained in detail the application principles, application scope, operation methods, contraindications and precautions of traditional Chinese medicine wine.

  Wang Jinhai appealed that the relevant departments should strengthen supervision, conduct a comprehensive review of unqualified hotels and online vendors, and order businesses that find problems to suspend business for rectification. At the same time, severe punishment will be imposed on advertisements that contain unscientific assertions or guarantees of efficacy, indicate the cure rate or efficiency, and express or imply that the drug is necessary for normal life and treatment of diseases.

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