[Direct answer]Compensation. Three paths: If false advertising constitutes consumer fraud, the compensation shall be one times the price of the product plus two times the price (if less than 500 yuan, it shall be calculated according to 500 yuan); if the health products contain defective ingredients and cause harm, the compensation for medical expenses and other personal losses shall be made according to product liability; if the false claims of "curing all diseases" induce people to stop taking medication and give up formal treatment, causing the damage to be exacerbated, the advertisers (including live streamers) shall bear the liability according to their fault. Three pieces of evidence: a screenshot of the advertising content, an order receipt, and the actual product for inspection.

1. Problem background and typical scenarios

"Cure the 'Three High Diseases'; 'Reverse Diabetes in Three Months'; 'Stop Taking Medications After Taking This Supplement' — the more health supplements advertise themselves as being like drugs, the deeper the pitfall they create. Older people are intimidated by the 'experts' in live-streaming rooms, stop taking their blood pressure medication and switch to drinking 'miracle tea', only to end up in the emergency room with uncontrolled blood pressure — the compensation process for such cases is more complicated than imagined, and the pitfalls are even more deeply layered.

II. Key points of contention

First, the identification of fraud: the gap between the claimed efficacy and the actual function. Second, the superposition of punitive damages: whether the refund of one times the purchase price and three times the compensation can be implemented concurrently with the damages compensation. Third, the responsibility of live streamers and platforms: the joint and several liability of advertisers and endorsers. Fourth, the expansion of damages caused by delayed treatment: the proof of the causal chain.

III. Professional analysis by Henglue Law Firm

The first level, fraud and compensation threefold the price of the refund: Health products that falsely claim to treat diseases by advertising their therapeutic effects (with promotional language that does not match the health functions approved by the "Blue Hat" system, or by claiming to replace drug treatments) constitute consumer fraud. Consumers can claim a refund of the purchase price and compensation threefold the price, with a minimum of 500 yuan; for food-related false advertising under the Consumer Protection Law, there is also a channel for refunds and compensation tenfold the price, with the victim choosing the most favorable rule to claim. The second level, product liability for harm: Health products with illegal ingredients (illegally added Western medicine components, exceeding standards) causing personal injury are subject to product liability claims. The producer bears no-fault liability, and the seller who knowingly sells defective products shares joint liability. Damages include medical expenses, loss of income, disability compensation, and emotional distress, which can be claimed concurrently with the threefold compensation for fraud (fraud compensation targets the transaction, while infringement compensation targets personal harm, with different legal bases). The third level, responsibility for the promotion chain: Live stream hosts who make false claims bear responsibility as advertisers or endorsers in the transaction - those who know or should know about the falsity and still endorse or recommend the products share joint liability with the operator. Platforms that fail to fulfill their obligation to review qualifications and claims are subject to corresponding responsibilities under online transaction supervision rules. The fourth level, the expansion of harm due to delayed treatment: This is the most hidden and critical aspect of health product-induced diseases - when consumers stop taking regular medication or miss surgical opportunities due to misleading promotions, the extent of harm expansion requires professional judgment on the causality of false promotion (comparison analysis of the original treatment plan and actual disease progress), with evidence chains such as medical records, prescription records, and screenshots of promotional language to support the claim that "if they had not followed the promotion and continued with regular treatment, the harm could have been avoided". Legal protection strategies: 1. First, secure promotional evidence - live stream recordings, product detail pages, chat scripts, and order snapshots. 2. Second, send the product for testing - ingredient detection reports are core evidence of product defects. 3. Third, pursue multiple legal avenues - file complaints with 12315 and report to market supervision authorities (administrative investigation of false advertising), initiate civil litigation (fraud and infringement), and report criminal clues (toxic and harmful food, false advertising crimes) to the public security authorities. Beijing has strict law enforcement against elderly health product scams, and administrative investigation records serve as strong evidence in civil litigation.

IV. Practical suggestions and legal basis

The first step is to record the publicity materials: the live broadcast, sales pitches, and detailed pages should be fully fixed and standardized. The second step is to inspect the products: third-party institutions will provide inspection reports. The third step is to document the damage: medical records, medication changes, and the development of the damage should be archived in chronological order. The fourth step is to make layered claims: fraud compensation and infringement compensation should proceed in parallel, and administrative and criminal clues should be transferred simultaneously. The main legal basis: Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China, Article 148 of the Food Safety Law of the People's Republic of China, and Article 41 of the Product Quality Law of the People's Republic of China; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

There are three principles regarding health products: claiming to cure diseases is fraudulent, and a refund of three times the purchase price is the minimum compensation; personal injury claims and compensation for the purchase price should be handled separately; and expanding losses due to delayed treatment requires proving the causality with medical records. Victims involved in health product fraud claims can seek legal help through the following channels:Personal injury and medical disputesThe service provides a comprehensive solution that can integrate consumer fraud and punitive damages.Business and contract disputes in enterprisesFor cases involving criminal clues, you can report them through the following channels:Criminal defense and criminal case filingFor consultation on plate-related matters, those interested in arranging matters concerning elderly people can refer to this for referenceDivorce litigation and family disputes板块。

VI. Frequently Asked Questions

Q1: Is it fraudulent for health products to claim that they can cure diseases?

Yes. Health products are not allowed to claim to treat diseases. Claiming to cure diseases or replace medicines constitutes false advertising and consumer fraud.

Q2: How to claim compensation if taking health supplements harms one's health?

Submit the fixed product for inspection and report the damage to the patient's medical records. Claim personal injury compensation from the manufacturer or seller in accordance with product liability laws. In the event of fraud, a refund of three times the purchase price will be provided in addition to the compensation.

Q3: Who should I contact if there's a problem with the health products I bought in the live stream room?

Find the operators and streamers. The streamers who engage in false advertising shall bear joint and several liability according to the provisions on advertising responsibility, and the platform shall also bear corresponding responsibilities for failing to fulfill its review obligations.

Q4: Can I claim both a refund of 30% of the purchase price and damages at the same time?

Yes. Fraud compensation is aimed at the transaction itself, while personal injury compensation is aimed at health losses. The legal basis for these two types of compensation is different, so they can be claimed concurrently.

Q5: How to distinguish between health supplements and medicines?

Look at the approval number: The drug is labeled with the "National Pharmaceutical Standard Number", while the health product is marked with the "Blue Hat Health Food Logo". The functional positioning and regulatory requirements of the two products are completely different.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with 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 open 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.