Pharmaceutical advertising about "magic pill" punishment is imperative 
 
  
The 2015-05-15 16:02:12 | source: legal daily | share 
 

    Liao Haijin 
 
    Recently, total bureau of national food drug safety for the national 30 issue administrative told serious illegal advertisement products enterprises, involving 10 drugs, 13 medical apparatus and instruments and 33 of 10 health food products were ordered to stop illegal advertisement. Reporter found that some illegal drug advertisements while different forms, but no more than is to use a variety of means, boasting curative effect, diddle consumer trust and packaging for god, god put themselves (on May 13, "xinhua daily telegraph). 
 
    "Magic pill" advertising, flood spread, investigate its reason is various, in my opinion, the root cause lies in the incomplete laws and regulations, poor supervision, especially a lesser penalties, produced no terror. 
 
    In our country, the false advertisement crime punishment has for many years. According to article 222 of the criminal law, "the advertisers, advertising agents and advertisement publishers in violation of the provisions of the state, using advertising for goods or services make a false propaganda, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and concurrently or independently be sentenced to a fine." Regulations at the same time, the unit crime, the person in charge directly responsible and other directly responsible personnel to punishment in accordance with the relevant provisions. In reality, however, due to false advertising a criminal shall be investigated for instance does not see more. 
 
    Objectively speaking, the criminal law of false advertising lenient, there are a variety of reasons. Criminal law making and issuing false advertisements only if the circumstances are serious, just make crime of false advertising. But what is belong to "if the circumstances are serious, the lack of strict division standard and operational rules, so a lot of false advertising to muddle through. More importantly, the false advertisement there are ambiguities in legal terminology itself, how to distinguish between false, exaggerated and the constitutive requirements of false advertisement, what all have no specific provision shall be clear and thus false advertising crime in judicial practice is not easy to enter. 
 
    Moreover, corresponding to the rampant false advertisement, is China's current administrative rules for weak penalties of false advertisement. The illegal cost of false advertisement and its huge gains all proportion. Advertisers even if due to false advertising was investigated, tend to pay a fine after can still cheat, anyway, there is always an uninformed consumers for fines. False advertising media, the general will only be publicly named innocuous punishment, this is to let those responsible directly give up control. 
 
    Thankfully, not long ago by the advertisement law of the amendment, not only for drugs and medical appliance advertising guidelines made perfect, the category of false medical advertisement, also increased the penalties for illegal advertisement. Now, the administration of drug safety have given him comb display, illegal law enforcement'm afraid I can't turn a blind eye. "HeiBang" on the one hand, need to exchange information and increase joint law enforcement, for illegal drug ads to "play a gun in one place"; Shall, on the other hand, ultimately, the "magic pill" advertising into the legal system of the cages. At the same time, also must increase the intensity of punishment, like drunk driving into the punishment in accordance with the law to punish false advertising, especially on "god", to form the necessary demands, thus also pharmaceutical advertising to true colors.