Recently, the Shanghai Railway Transportation Court (hereinafter referred to as the "SRTC") held a public hearing on a case of selling poisonous and harmful food, in which the diet pills involved contain a banned substance, sibutramine, which can produce great harm to the human body.

[Case Review] 

At the end of June 2019, Ms. Bao bought 20,000 pieces of pink slimming capsules containing sibutramine from non-formal channels, and then sold them through Taobao and WeChat.

In December 2019, Ms. Bao was arrested by the police. In her rented house, seized were more than 5,000 loose-packed pink slimming capsules, 28 bottles of packaged semi-finished products (30 pieces per bottle) and the inner liners, bottles, lids and labels, etc. used for packaging. After testing, all pink slimming capsules were found to contain sibutramine.

[Case Study]

The SRTC held that Ms. Bao's act of knowingly selling food mixed with poisonous or harmful non-food raw materials constituted the crime of selling poisonous and harmful food. In view of the facts, nature, circumstances of the crime and degree of harm to the society, as well as the defendant's confession and repentance, the court sentenced Ms. Bao to 10 months' imprisonment and a fine, meanwhile confiscated the guilty tools and poisonous and harmful food seized.  

The court reminds us that in recent years, more and more diet pills are being sold on WeChat, Weibo and e-commerce platforms, most of which, however, are found to be non-formal products and some even contain sibutramine and other ingredients harmful to the human body. Human brain controls appetite through a neurotransmitter called serotonin, whereas sibutramine can suppress one's appetite and increase his/her satiety by inhibiting serotonin and norepinephrine, thereby realizing weight loss. Sibutramine has been shown to be extremely harmful to the heart and nervous system. It can lead to sudden cardiac arrest in severe cases and increase the risk of cancer. For this reason, it is banned and its sales and production are strictly prohibited in China.

[Relevant Laws]

I. Criminal Law of the People's Republic of China

Article 144 Whoever mixes poisonous or harmful non-food raw materials into food produced or sold or knowingly sells food mixed with poisonous or harmful non-food raw materials shall be sentenced to imprisonment of not more than 5 years and a fine; if any serious damage is caused to the people's health or there is any other serious circumstance, shall be sentenced to imprisonment of not less than 5 years but not more than 10 years and a fine; or if any human death is caused or there is any other especially serious circumstance, shall be punished according to the provisions of Article 141 of this Law.

Article 67 ...

A criminal suspect who truthfully confesses to his crime may be given a lighter penalty although there is no voluntary surrender as mentioned in the preceding two paragraphs; ...

Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine.

If a person has true difficulties in paying because of an irresistible disaster, the fine may be deferred, reduced or remitted according to the circumstances.

Article 64 All money and property illegally obtained by a criminal shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.

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(Author: Tao Tao, Shanghai Railway Transportation Court)