[Direct answer]Whether it's legal or not depends on the nature of the behavior. Normal health education and compliant sales are not illegal, but if they use free physical exams as a pretext to fabricate or exaggerate medical conditions, falsely promote the therapeutic effects of health products, induce high-priced purchases, or even impersonate medical institutions and experts, they may constitute false advertising, fraud, and, in serious cases, crimes such as fraud. According to Article 18 of the Advertising Law of the People's Republic of China (amended on April 29, 2021), health food advertisements shall not mention disease prevention or treatment functions, nor shall they claim or imply that they are necessary for health protection; Article 20 of the Consumer Rights and Interests Protection Law of the People's Republic of China (effective since March 15, 2014) stipulates that operators shall not make false or misleading claims. Victimized consumers can file complaints with market supervision departments or initiate litigation to demand the rescission of contracts, the return of fees, and compensation for losses.

1. Problem background and typical scenarios

There are typically three types of such cases: First, they use free physical examinations and health lectures as a pretext to exaggerate the results of the examinations and promote high-priced health products; Second, they impersonate doctors, experts, or medical institutions, claiming that the products can cure diseases; Third, they induce elderly people to make continuous purchases through methods such as sales meetings and rebates. These behaviors often take advantage of information asymmetry, so consumers should be vigilant and keep evidence. It should be noted that such activities often deliberately avoid leaving written proof, with verbal contracts and vague contract terms, making it difficult to collect evidence. Timely preserving materials is particularly important for subsequent complaints or litigation. You can first learn about it.Personal injury and medical disputesThe relevant processing of it.

II. Key points of contention

The controversy focuses on four points: Firstly, whether the promotional content constitutes false or misleading information, which requires reviewing the sales pitch, promotional materials, and inspection reports; Secondly, whether the product is a legally registered health food and whether it can claim therapeutic effects; Thirdly, whether there is fraud, which determines whether consumers can revoke contracts and claim compensation; Fourthly, whether there are suspected crimes, such as fraud or illegal operations, involving criminal accountability. In addition, sales personnel who falsify their identities or impersonate medical institutions may also be subject to corresponding administrative violations.

As for this focus, it is necessary to promptly preserve medical records, monitoring and visit records to prevent key evidence from being difficult to restore due to modification or loss of medical records. In addition, since each case is different, the specific handling should still be judged based on comprehensive consideration of complete evidence and current legal provisions.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers in the fields of consumer rights and personal injury shows that the difficulties of such disputes lie in the identification of evidence and parties involved. There are three common problems: first, consumers fail to keep promotional materials, payment receipts, and communication records, making it difficult to prove false advertising; second, the sales entities frequently change or are liquidated, making it difficult to hold them accountable; third, consumers confuse health products with medicines, mistakenly believing in their therapeutic effects and delaying medical treatment. In the judicial practice of Beijing courts, if the operators promote goods in a false or misleading manner, consumers can claim corresponding compensation; if the case involves a crime, it shall be transferred to criminal proceedings. It is recommended that consumers keep medical examination reports, promotional leaflets, payment and chat records, and promptly file complaints with the market supervision department and evaluate the paths of litigation and reporting to the police.

IV. Practical suggestions and legal basis

Action list: First, save promotional materials, inspection reports, payment receipts, and communication records; Second, verify whether the products are legally approved health foods and the qualifications of the operators; Third, file complaints with the market supervision department against false advertising and illegal sales; Fourth, if suspected of fraud, report the case to the public security organ in time; Fifth, evaluate the possibility of rescinding the contract through litigation, recovering the fees, and claiming compensation. For cases involving personal injury, you can refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputesFor matters concerning the revocation and return of contracts, please refer to the relevant provisions.Business and contract disputes in enterprisesLegal basis: Article 18 of the Advertising Law of the People's Republic of China (amended on April 29, 2021); Articles 20 and 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (effective since March 15, 2014). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, health food products cannot claim to cure diseases, and people should be vigilant when encountering such promotions. Secondly, preserving evidence is a prerequisite for protecting one's rights, and promotional materials and payment records are particularly crucial. Thirdly, administrative complaints and criminal reports can be filed concurrently, and there's no need to choose just one of them. Fourthly, elderly people at home are more likely to be misled, so it's necessary to strengthen communication and reminders with them, which can be done through various means.Personal injury and medical disputesUnderstand the ways to protect one's rights through this column. Fifthly, maintaining daily communication with the elderly and jointly identifying abnormally high consumption is often more effective than protecting one's rights after the fact.

It would be more prudent to reasonably determine the compensation items and the proportion of liability, taking into account the insurance claims, the sharing of responsibility, and the connection with the follow-up treatment costs. In addition, since each case is unique, the specific handling should still be judged based on comprehensive consideration of the complete evidence and current legal provisions.

VI. Frequently Asked Questions

Q1: Is it illegal to offer free physical examinations?

Simply providing free physical examinations is not necessarily illegal, but if using physical examinations as a pretext to fabricate or exaggerate medical conditions, falsely promote the effectiveness of products, or induce consumers to purchase at high prices, this may constitute false advertising or fraud. The key to determining whether this constitutes illegal behavior lies in whether there is false or misleading advertising, and whether this is used to seek improper benefits.

Q2: Can health supplements cure diseases?

No. Health foods are not drugs and cannot replace drug treatment for diseases. According to Article 18 of the Advertising Law of the People's Republic of China, health food advertisements shall not mention the prevention or treatment of diseases, nor shall they claim or imply that they are necessary for health protection. If you encounter advertisements claiming that they can cure diseases, you should regard them as abnormal signals.

Q3: Can I get back the money I was scammed for?

You can claim a refund. If it constitutes fraud, consumers can request to rescind the contract and return the fees; in serious cases, they can also claim corresponding punitive damages. If it involves a crime, they can report the case and claim criminal compensation. It is necessary to fix the evidence in time and take action as soon as possible to prevent the operator from transferring assets or liquidating the company.

Q4: How to complain about false advertising of health products?

You can file a complaint with the market supervision and management department, submitting promotional materials, payment receipts, and communication records to explain the false or misleading aspects. If the case involves unlicensed operations or forged qualifications, you can also report it. The administrative handling results can be used as references and evidence for subsequent civil or criminal proceedings.

Q5: What should elderly people do if they are tricked into buying health products?

First, we should reassure and understand the purchase process, and collect evidence of the promotion and payment as soon as possible. Then, we should file a complaint with the market supervision department and, if necessary, report the case to the police or initiate legal proceedings. At the same time, we should remind the elderly that health food cannot cure diseases. If they have health problems, they should seek medical treatment in time to avoid delaying treatment and causing greater losses.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in a timely manner.