Illegal Online Pharmacies And Prosecutions In China
Illegal Online Pharmacies and Criminal Regulation in China
I. Legal Framework
1. Criminal Law of the PRC (《中华人民共和国刑法》)
Relevant Articles for Prosecution:
Article 151 – Production and Sale of Counterfeit or Substandard Drugs
Applies when drugs are sold that violate quality standards, causing harm or risk to public health.
Criminal penalties: imprisonment 3–10 years, plus fines.
Article 140 – Illegal Sale of Prescription Drugs or Narcotics
For selling controlled substances without license or prescription, including online.
Article 225 – Illegal Business Operations
Covers illegal online business activities conducted without proper registration or license.
Drug Administration Law & E-commerce Law (supporting regulations)
Online pharmacies must have a license, pharmacist oversight, and compliance with drug approval rules.
Violation can trigger administrative sanctions and criminal liability if harm occurs.
II. Why Online Pharmacies Are Regulated
Public Health Risks: Counterfeit, expired, or unregistered drugs can seriously harm patients.
Ease of Distribution: Online platforms make it easy to bypass regulatory controls.
Cross-Border Risks: Drugs imported illegally online may evade customs and quality checks.
Fraud and Misrepresentation: False claims about drug efficacy or treatment capabilities are common.
⚖️ III. Representative Cases of Illegal Online Pharmacies
Here are six detailed cases illustrating prosecution in China:
Case 1 — Zhejiang “Fake Cancer Drugs Online” (2019)
Court: Hangzhou Intermediate Court
Charges: Selling counterfeit drugs (Art. 151)
Facts:
Defendant sold “anti-cancer drugs” via WeChat and a website.
Drugs were unregistered and counterfeit.
Total sales: ¥3 million; victims: ~120 patients.
Legal Issues:
Whether online sales constitute “sale of counterfeit drugs”
→ Court: Yes, digital sale = sale in law.
Whether the platform operator is liable
→ Only if they knew the drugs were fake.
Outcome:
Organizer: 8 years imprisonment + ¥500,000 fine
Platform assistants: 3–4 years
Precedent Value:
Established that selling counterfeit drugs online is treated the same as offline sale under Art. 151.
Case 2 — Beijing “Unauthorized Online Pharmacy Selling Narcotics” (2020)
Court: Beijing No.2 Intermediate Court
Charges: Illegal sale of narcotics (Art. 140)
Facts:
Defendant sold prescription painkillers and sedatives online without license.
Customers placed orders via mobile app; drugs shipped nationwide.
Total sales: ¥1.2 million; estimated 2,000 people purchased drugs.
Legal Issues:
Whether online pharmacy requires a license
→ Court: Mandatory; lack of license = illegal operation
Whether sending prescription drugs without prescription = criminal
→ Court: Yes
Outcome:
Organizer: 6 years imprisonment + fine
Warehouse staff: 2–3 years imprisonment
Precedent Value:
Clarified online sale of controlled drugs without license or prescription = criminal offense.
Case 3 — Guangdong “WeChat Pharmacy Selling Fake Heart Drugs” (2018)
Court: Guangzhou Intermediate Court
Charges: Production and sale of counterfeit drugs; illegal business operations
Facts:
Online sellers used WeChat to distribute “heart disease treatment drugs.”
Drugs were unlicensed and misbranded.
Profit: ¥2.5 million; 50+ patients hospitalized.
Legal Issues:
Responsibility of the online operator vs. individual seller
→ Court: Main organizer liable; assistants punished as co-conspirators
Outcome:
Main organizer: 7 years imprisonment + ¥300,000 fine
Assistants: 3–4 years imprisonment
Drugs confiscated and destroyed
Precedent Value:
Emphasizes WeChat and online messaging platforms are considered channels of sale, making operators liable.
Case 4 — Shandong “Cross-Border Online Drug Sale” (2021)
Court: Jinan Intermediate Court
Charges: Smuggling and illegal sale of drugs; production and sale of counterfeit drugs
Facts:
Defendants imported prescription medications from abroad and sold online without registration.
Drugs included cancer medications and antibiotics.
Total value: ¥5 million; victims across multiple provinces.
Legal Issues:
Whether imported online drugs without approval = criminal offense
→ Court: Yes; violates Drug Administration Law + Art. 151/140
Whether website operators can be criminally liable
→ Yes, if they know drugs are illegal.
Outcome:
Organizers: 9–10 years imprisonment
Tech/website staff: 3–5 years imprisonment
Drugs seized
Precedent Value:
Clarifies cross-border illegal drug sales online = criminally punishable.
Case 5 — Shanghai “Fake Vaccines Online Pharmacy” (2016)
Court: Shanghai First Intermediate Court
Charges: Production and sale of counterfeit vaccines; endangering public health
Facts:
Illegal online pharmacy sold “child vaccines” that were fake.
Several children suffered adverse reactions; public panic ensued.
Legal Issues:
Whether online sale of vaccines counts as “endangering public health”
→ Court: Yes; fake vaccines pose serious social risk
Outcome:
Organizers: 12 years imprisonment + heavy fines
Assistants: 4–6 years imprisonment
Precedent Value:
Sets strong precedent for criminal liability of online pharmacies selling counterfeit vaccines, highlighting public health risk.
Case 6 — Hubei “Illegal Online Sale of Traditional Chinese Medicine” (2020)
Court: Wuhan Intermediate Court
Charges: Illegal sale of drugs; illegal business operations
Facts:
Online sellers distributed unregistered herbal remedies claiming to treat COVID-19.
Sold through websites and social media.
Total revenue: ¥1.5 million; consumers misled and at risk.
Legal Issues:
Whether TCM products without registration constitute “illegal drugs”
→ Court: Yes, if advertised for medical treatment and unlicensed
Liability for exaggeration of efficacy claims
Outcome:
Main organizer: 5 years imprisonment + fine
Promoters: 2–3 years imprisonment
Precedent Value:
Confirms unregistered TCM sold online with medical claims = criminal offense.
IV. Key Legal Takeaways
Online pharmacies must be licensed and supervised by qualified pharmacists.
Selling counterfeit or unapproved drugs online = Art. 151/140 offense.
Cross-border online sales without approval = serious criminal liability.
Digital platforms (WeChat, websites, apps) are considered sale channels, making operators liable.
Fake vaccines or critical medicines = aggravated penalties due to public health impact.
Fines and imprisonment scale with harm caused, profits, and organizational role.
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