明知“减肥咖啡”中掺有有毒有害成分依然售卖 女子获刑八个月A woman was sentenced to eight months in prison for selling "weight loss coffee" despite knowing that it contained toxic and harmful ingredients

封面新闻记者 曹菲

8月12日，记者从中国裁判文书网获悉，近日辽宁省营口市中级人民法院对一起销售有毒、有害食品案作出终审判决。被告人武某明知“某减肥咖啡”和某胶囊中含有西布曲明、呋塞米等国家禁止在食品中添加的有毒、有害成分，依然多次向他人售卖，销售金额共计5200元，被法院判处有期徒刑八个月。

武某1985年出生，小学文化，无业。2024年1月至2月间，她在明知“某减肥咖啡”中含有国家禁止在食品中添加的西布曲明成分，明知某胶囊中含有国家禁止在食品中添加的西布曲明、呋塞米成分的情况下，多次向他人销售“某减肥咖啡”共计260条、某胶囊共计60粒，销售金额共计5200元。

法院审理认为，武某销售明知掺有有毒、有害的非食品原料的食品，其行为已构成销售有毒有害食品罪，判处有期徒刑八个月，并处罚金人民币一万六千元（已缴纳）；追缴武某违法所得人民币三千元，由扣押机关上缴国库；责令被告人在市级以上新闻媒体或报刊杂志上公开赔礼道歉。

来源：封面新闻

Cover News Reporter Cao Fei

On August 12th, it was learned from the China Judgments Online that the Intermediate People's Court of Yingkou City, Liaoning Province, recently made a final judgment on a case involving the sale of toxic and harmful food. The defendant Wu knowingly sold "a certain weight loss coffee" and a certain capsule containing toxic and harmful ingredients prohibited by the country from being added to food, such as sibutramine and furosemide, to others multiple times for a total sales amount of 5200 yuan. He was sentenced to eight months in prison by the court.

Wu was born in 1985, with a primary school education and no employment. Between January and February 2024, she knowingly sold a total of 260 pieces of "certain weight loss coffee" and 60 capsules of "certain weight loss coffee" to others, with a total sales amount of 5200 yuan, knowing that the "certain weight loss coffee" contained the national prohibited ingredient of sibutramine in food, and that a certain capsule contained the national prohibited ingredients of sibutramine and furosemide in food.

The court found that Wu knowingly sold food containing toxic and harmful non food ingredients, and his behavior constituted the crime of selling toxic and harmful food. He was sentenced to eight months in prison and fined 16000 yuan (already paid); Retrieve the illegal gains of RMB 3000 from Wu and hand them over to the national treasury by the confiscating authority; Order the defendant to publicly apologize in news media or newspapers and magazines at or above the city level.

Source: Cover News