[Direct answer]In the Beijing area, there are three avenues for pursuing legal action: administrative complaints, civil claims, and criminal reports. According to the Consumer Rights and Interests Protection Law of the People's Republic of China (implemented on March 15, 2014), if an operator provides goods or services with fraudulent behavior, they shall, at the request of the consumer, increase the compensation for the losses suffered by the consumer, with the amount of the increase being three times the price of the goods purchased by the consumer or the cost of the services received. If the operator knowingly provides goods or services with defects to consumers, causing death or serious harm to the health of consumers or other victims, the victims have the right to claim punitive damages in accordance with the provisions of relevant laws. If plastic surgery institutions use counterfeit, unapproved, or unidentified materials, which constitutes fraud or product defects, consumers can claim refunds, three-fold compensation, and compensation for personal injury. In addition, they can file complaints with the market supervision and health departments. If the counterfeit and shoddy products constitute a crime, they can also report the case to the public security organ. When protecting their rights, they should fix the physical materials, packaging, payment receipts, and medical records, and, if necessary, apply for appraisal to determine the causality between the damage and the product.

1. Problem background and typical scenarios

The safety of plastic surgery materials directly affects health. There are three typical scenarios: first, institutions use domestically produced or unidentified materials to pass off as imported genuine products; second, they use injection filler materials that have not been approved or have expired; third, the materials recorded in the medical records and invoices do not match those actually used. Under different circumstances, the legal classification and compensation basis vary.

II. Key points of dispute

First, whether the materials are counterfeit, unapproved, or expired products, and how to prove it. Second, whether it constitutes fraud and is subject to triple compensation. Third, the causal relationship between defective materials and personal injury. Fourth, the division of responsibilities between institutions and material suppliers. Fifth, how to connect administrative complaints, criminal reports, and civil claims. These issues determine the effectiveness of accountability and the amount of compensation.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers have summarized three key lessons in product liability and medical disputes. First, prioritize evidence: Materials and packaging are core evidence and should be promptly sealed and photographed to preserve batch numbers, expiration dates, and manufacturers' information. At the same time, retain payment receipts, medical records, billing slips, and communication records to verify whether the medical records match actual usage. Second, distinguish legal pathways: If institutions falsify products or engage in false advertising, consumers can claim refunds and triple compensation under the Consumer Rights Protection Law. If defective materials cause health harm, they can pursue product liability and personal injury compensation under the Civil Code of the People's Republic of China (effective January 1, 2021), with punitive damages possible in severe cases. Third, clarify liability: Plastic surgery institutions as sellers and service providers bear responsibility, while material producers may also be liable in defective scenarios. Institutions and suppliers can seek mutual recourse but cannot exempt themselves from liability externally. Fourth, administrative and criminal actions: Complain to market supervision and health authorities for investigations; report crimes such as counterfeiting registered trademarks or producing and selling substandard drugs to public security authorities and claim incidental civil compensation in criminal proceedings. Fifth, appraisal and compensation: For damage extent and causality, apply for medical injury appraisal and disability assessment. Compensation includes medical expenses, follow-up repair costs, lost wages, and mental distress compensation. Sixth, risk warning: Some institutions evade liability with internal agreements or exemption clauses, but such provisions cannot automatically exempt them from statutory obligations. Consumers should not waive their right to seek justice simply by signing documents. Overall, sealing materials and preserving medical records are the starting points for pursuing counterfeit materials, while the choice of legal pathways determines the scope of compensation.

IV. Practical suggestions and legal basis

Action suggestions: First, seal the physical materials and packaging, and check the batch number and expiration date; Second, keep the payment receipts and medical records, and compare whether the records are consistent; Third, assess whether it constitutes fraud and claim triple compensation; Fourth, protect rights through comprehensive administrative complaints, criminal reports, and civil litigation. For cases involving product and consumer fraud, you can refer to the relevant provisions.Business and contract disputes in enterprisesFor cases involving personal injury and medical disputes, you can refer to the following for reference.Personal injury and medical disputesFor cases involving criminal accountability for counterfeit and shoddy products, you can refer to the following document for guidance.Criminal defenseLegal basis: Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (implemented on March 15, 2014), and Articles 1202, 1203, and 1207 of the Civil Code of the People's Republic of China (implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the physical materials and packaging are crucial evidence and must be sealed immediately. Secondly, if it constitutes fraud, the victim can claim a refund of the fees and demand three times the compensation. Thirdly, if it causes health damage, the victim can also claim punitive damages. Fourthly, administrative complaints, criminal reports, and civil claims can be pursued concurrently. For the overall accountability scheme involving medical beauty materials, the victim can seek legal help through the following channels:Personal injury and medical disputesThe service is supported. For more information, please visitThe official website of Beijing Henglu Law FirmGot it.

VI. Frequently Asked Questions

Q1: How much can institutions be compensated for using fake materials?

If it constitutes fraud, the victim can claim a refund of the fees and demand three times the compensation; if it causes health damage, the victim can also claim losses such as medical expenses, and in serious cases, the victim can demand punitive damages.

Q2: How to prove that the materials used are fake?

Check the physical condition of the sealed materials and their packaging, verify the batch number, expiration date, and manufacturer, and compare them with the records in the medical records and invoices. If necessary, send the materials for inspection or apply for appraisal.

Q3: Can I still hold someone accountable even after signing a waiver of liability agreement?

Yes. If the act causes personal injury or involves fraud, the institution cannot exempt itself from legal responsibilities through standard clauses, and the relevant exemption clauses generally do not have a binding effect against the parties involved.

Q4: To which departments can I file a complaint?

You can file a complaint with the market supervision and health departments and request an investigation; if there are any crimes such as the production and sale of counterfeit and inferior drugs, you can report the case to the public security organ.

Q5: Are the material suppliers liable for any responsibility?

If the materials are defective, the producers and sellers may bear product liability. After the institution makes compensation, they may seek recourse from each other according to law, but this does not exempt them from their external responsibilities.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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 the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on 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 time.