Post Date December, 03 2023
Mr. Yao, 33, spent 36.6 yuan on two packages of "Jesbang" brand condoms at a Zhonglian Pharmacy chain pharmacy in Dongguan on January 22 this year. Mr. Yao revealed his thoughts at the time: "Because the outer packaging says" extraordinary durability, "every man would think more powerful, and besides, he bought them at a legitimate pharmacy, so he didn't care in his heart
Mr. Yao admitted that when using condoms for the first time, he did feel a significant effect, and his sexual life was longer than before. But after using it three times within a week, Mr. Yao began to feel unwell and developed mild inflammation of his genitals. He thought it was due to prolonged sexual activity and stopped using the condom. The symptoms also healed after a week without treatment. However, Mr. Yao did not expect that after the symptoms disappeared, he found a significant decline in his sexual ability and repeated premature ejaculation, which caused him great distress.
In order to protect his legitimate rights and interests, Mr. Yao paid nearly 10000 yuan in litigation fees to the Luohu District Court yesterday, suing Shenzhen Zhonglian Pharmacy Co., Ltd. and Wuhan Jieshibang Health Products Co., Ltd. in court.
It is difficult to share the troubles caused by this matter with others. I believe there is a problem of infringing on consumer rights here, "Mr. Yao said. Due to the disharmony in their marital life, they have been separated from their wife for more than a month. After experiencing various troubles, he decided to go through legal procedures and share his experiences with the media. Other consumers may also encounter this situation, but few will step forward
The plaintiff charges three counts of condoms
Mr. Yao believes that both defendants are professional and well-known enterprises engaged in the operation of medical supplies for a long time. However, in order to seek profits and cause consumer safety, they intentionally put the drug dispensing devices involved in the case that have not been clinically verified for safety into the market, intentionally promoting false efficacy of the products involved, maliciously deceiving and misleading consumers, causing them to suffer property and personal damage. Mr. Yao pointed out three counts of guilt for the condom in the complaint.
Accused of three felonies
1. False advertising and consumer fraud
Mr. Yao believes that the product in question, approved by the State Food and Drug Administration, has only a contraceptive function and does not have a therapeutic effect on premature ejaculation, nor has it obtained the "extraordinary and long-lasting" efficacy certification. Therefore, the two defendants, as agents and distributors of the products involved in the case, exaggerate and falsely promote the unapproved efficacy, which constitutes fraudulent consumer behavior.
2. Marketing without clinical validation
Mr. Yao stated that the country implements a mandatory clinical verification system for Class II and Class III medical devices. The product involved in the case belongs to Class II medical devices, not Class III dosing devices. This means that the safety of the product has not been clinically verified, violating Article 7 of the Consumer Rights Protection Law and Article 8 of the Medical Device Supervision and Administration Regulations. There are serious safety hazards and do not meet the standards for safeguarding human health.
(Intern Editor: Cai Junyi)
