Elaboration on the Announcement of Strengthening Control over Pharmaceutical Products
To assist members in complying with the applicable international and PRC laws and regulations and to maintain the sustainable development of Alibaba.com, the platform plans to impose a complete ban against the sale of pharmaceutical products from April 28, 2021. Click here for announcement.
I. The Scope of the Ban
The pharmaceutical products that are subject to the ban include, but are not limited to, prescription drugs, over-the-counter drugs, active pharmaceutical ingredients (API), pharmaceutical intermediates, drugs that are applicable to both humans and animals, animal drugs, hormonal drugs, steroids, anabolic steroids and other products with similar pharmaceutical effects, radiopharmaceuticals, antibiotics, vaccines, controlled substances, products containing controlled substances, special pharmaceuticals (including but not limited to analeptics and blood products), traditional Chinese medicines, traditional Chinese herbs, traditional Chinese medicine potions, oral/injection medicines, non-health supplements weight-loss drugs, and any API or substances that could be used to manufacture or produce the aforementioned products.
II. Timetable
1. April 20, 2021: Publication of this announcement
2. April 28, 2021: Penalties will start to be imposed against any violation of rules under this announcement.
Products under the following four sub-categories will be taken down in batches and the sub-categories will be shut down:
Health & Medical >> Medicine
Health & Medical >> Pharmaceutical
Health & Medical >> Animal & Veterinary >> Veterinary Medicine
Health & Medical >>Chinese Medicine >> Herbal Medicine
No pharmaceutical products shall be sold under any other categories.
III. Tightened Control over the Plant Extraction/Chemical Industry
In addition to the aforementioned pharmaceutical products which will be prohibited on the platform, Alibaba.com also enhances its control over plant extraction/chemicals, to resolve longstanding problems such as unclear product attributes and non-compliant use.
1. Sellers of plant extraction and chemicals shall review their product listings against the new rules and remove any prohibited products from listing. Starting from April 28, 2021, the platform will enforce product control measures on pharmaceutical products in accordance with the platform rules and impose harsher penalties against violating members. Members with repeated violations, or who have deliberately circumvented platform rules, published prohibited information via RFQ, live broadcasting or instant chat, publicly named by regulatory authorities, exposed by major medias, or committed other serious violations, will be penalized by Alibaba.com, with penalties ranging from removing of product listing, points deduction, temporary blocking of store front, limiting access rights on Alibaba.com, freezing of account to permanent termination of accounts.
2. To protect members’legitimate interest, the platform may apply geo-blocking on the sellers and/or their product listings after comprehensive assessment of compliance requirements of the sales destination countries and associated risks. Please pay attention to any announcement released on the rules channel and email notices.
IV. Tracking of Historical Violation
1. Alibaba.com will, in accordance with its platform rules and take into the factors such as severity of cases, impose a range of penalties, including point deduction, platform access limitation, and account termination, against members who have conducted any illegal activities in fulfilling their previous orders.
2. For cases of violations of laws, such as colluding with drug manufacturers, drug dealers and manufacturers of illegal, counterfeit or controlled substances, Alibaba.com will retain the relevant evidence and reserve the right to turn the evidence over to any competent judiciary.
FAQ
1. What is the scope of this prohibition? Could I sell products if I could provide qualifications?
The prohibited products include, but are not limited to, prescription drugs, over-the-counter drugs, active pharmaceutical ingredients (API), pharmaceutical intermediates, drugs that are applicable to both humans and animals, animal drugs, hormonal drugs, steroids, anabolic steroids and other products with similar pharmaceutical effects, radiopharmaceuticals, antibiotics, vaccines, controlled substances, products containing controlled substances, special pharmaceuticals (including but not limited to analeptics and blood products), traditional Chinese medicines, traditional Chinese herbs, traditional Chinese medicine potions, oral/injection medicines, non-health supplements weight-loss drugs, and any API or substances that could be used to manufacture or produce the aforementioned products.
The aforementioned products are strictly prohibited by the platform, regardless of whether the seller, the buyer, the manufacturer or the product has relevant qualifications.
2. What would happen to the products after the shut down of the above product sub-categories?
The platform will take down all the products listed under the four product sub-categories and all of the other pharmaceutical products under other categories in batches. Members may also voluntarily remove violating products from listing.
3. My primary business involves the products that fall under these four categories. What should I do?
1) We would recommend that you switch your primary business to another industry.
2) If you do not intend or is not capable of switching industry, we may offer a refund for your membership or you may contact your account manager to obtain more industry advice.
4. What could I do if I have purchased advertisement packages, such as top ranking, for my products which are now prohibited?
Alibaba.com offers two solutions, members can contact your account manager for further arrangements:
1) Change your chosen keywords under the advertisement packages.
2) If you have no other keyword options, Alibaba.com will offer a refund. For specific refund procedures, please contact your account manager.
5. What should sellers in the plant extraction/chemical category do to respond to the control?
As there is a high tendency of pharmaceutical product related violations under the plant extraction/chemical category, sellers should refrain from posting any pharmaceutical products and immediately remove any violating products from listing.
Sellers selling products under other categories also have an obligation to comply the platform rules of Alibaba.com when operating their businesses.
6. How should I deal with an outstanding order?
Order of any pharmaceutical products placed or paid by buyers before April 28, 2021 will be classified as an “Existing Order”. Existing Order needs to be completed before May 31, 2021. No new orders or payment for orders should be accepted after April 28, 2021.
Existing Orders should be fulfilled in accordance with any applicable laws and the platform rules of Alibaba.com. If a seller processes a refund for a buyer, Alibaba.com offers to bear relevant bank charges in relation to such refund.
7. Where can I find materials to learn about the rules for prohibited and controlled items and relevant case precedents?
Please refer to Enforcement Actions for Displaying Prohibited and Controlled Items: https://rule.alibaba.com/rule/detail/2044.htm (Alibaba.com Rules Center)
8. If you have any further questions, please contact Xiaohe Online or your account manager.
