Recently, the People's Procuratorate of Wandang District, Wuhu City, successively filed a criminal incidental civil public interest lawsuit against a series of cases involving the production and sale of toxic and harmful health food across provinces, appealing for the defendant to bear punitive damages and publicly apologizing to the society in the national media for the production and sale of toxic and harmful food.

From 2020 to April 2023, Liang, knowing that the "adult health care products" involved in the case are "three none" products, which may be harmful to human health, still sold them to all parts of the country through online trafficking, express delivery and other ways, with a sales amount of more than 3.8 million yuan, and formed an upstream and downstream sales network with more than 200 people. At present, it has been verified that more than 600000 boxes have been sold. After testing, 43 kinds of "adult health products" such as "deer whip kidney treasure" and "Tibetan male root" sold by the company all contain sildenafil ingredients prohibited by the state.

In 2023, the public security organ will transfer Liang's suspected sale of toxic and harmful food to the People's Procuratorate of Wangu District for investigation and prosecution. Liang's behavior infringed on the legitimate interests of unspecified consumers, damaged the safe and secure consumption environment, and damaged the social and public interests. In order to ensure the effectiveness of combating crime and education prevention, the People's Procuratorate of Wangui District adopts the dual punishment mode of "criminal prosecution+public interest litigation" to combat the crime of selling toxic and harmful food. Up to now, the People's Procuratorate of Wangui District has filed 16 cases of criminal incidental civil public interest litigation against Liang and other personnel in his sales network for selling toxic and harmful food, and has performed the announcement procedure according to law, and filed a lawsuit against 18 people. After the court judgment, the litigation requests have been supported, and punitive damages have been implemented in place 210 thousand Surplus yuan.

The People's Procuratorate of Wangui District earnestly fulfilled its legal supervision responsibilities, strengthened horizontal cooperation, gave full play to mechanisms such as early intervention and internal clue transfer, adopted the dual punishment mode of "criminal prosecution+public interest litigation" to crack down on the crime of selling toxic and harmful food, integrated and promoted the integrated performance of duties, effectively built a food safety firewall, and escorted the people's "safety on the tip of the tongue".

The majority of operators should abide by the laws and moral bottom line, engage in production and business activities in accordance with laws and regulations and food safety standards, carefully check the quality of health care products purchased, and the sale of toxic and harmful food will be severely punished by law. At the same time, it also warns consumers that they must purchase food or health care products from formal channels, keep a clear head at all times, enhance the screening ability of health care products, do not believe in the advertising effect, choose products rationally and carefully, and avoid being cheated, which will affect health and life safety.

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one Article 144 of the Criminal Law of the People's Republic of China shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined if toxic or harmful non food raw materials are mixed into the food produced or sold, or if the food is knowingly mixed with toxic or harmful non food raw materials; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; If death is caused or other especially serious circumstances are involved, punishment shall be imposed in accordance with the provisions of Article 141 of this Law.

two Article 9 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases against Food Safety, the following substances shall be identified as "toxic and harmful non food raw materials" in Article 144 of the Criminal Law:

（1） Substances that are prohibited by laws and regulations from being added or used in food production and operation activities because of their harm to human health;

（2） The substances listed in the List of Non edible Substances that May Be Illegally Added to Food, the List of Substances that May Be Illegally Added to Health Food and the list of prohibited pesticides, drugs and other compounds prohibited from use in food animals announced by the relevant departments of the State Council due to their harm to human health;

（3） Other toxic and harmful substances.

three Item 3 of the List of Substances that May Be Illegally Added to Health Food (the First Batch) (Food and Drug Administration Baohua [2012] No. 33) issued by the State Administration of Market Supervision and Administration: functional products claiming to alleviate physical fatigue (anti fatigue): sildenafil and tadalafil.