Activist sues for TCM transparency

Consumer rights activist Wang Hai filed a lawsuit at Chaoyang district court Wednesday against a pharmaceutical company, alleging it has concealed information about an over-the-counter medication's ingredients.

This lack of information could adversely affect people's health, he told the Global Times Wednesday.

The product, Yunnan Baiyao Powder, is a traditional Chinese medicine (TCM) which says it can improve circulation.

It is produced by Yunnan Baiyao Group Co. Ltd, based in Kunming, Yunnan Province. The company dates from 1902, and is one of China's most high-profile TCM companies.

In his suit, Wang said he bought the powder on Tuesday, but found that there is no list of ingredients provided with the product. However, the same product bought by friend of Wang's in the US did have a list of ingredients.

"Yunnan Baiyao has violated people's right to know. And it's discrimination against Chinese customers," said Wang.

The website of the State Food and Drug Administration (FDA) says that according to a Chinese medical law passed in 2001, a medication's ingredients and product specifications must be listed when it is sold.

Wang said he will also sue a branch of Beijing Haoyisheng pharmacy, in Chaoyang Lu, Chaoyang district, from whom he bought the powder.

He wrote in the appeal that he wants Yunnan Baiyao to recall its products and the pharmacy to stop selling it. He also asked for 11.5 yuan ($1.85) in compensation.

"Even though I may lose the suit, I hope through my efforts, society can pay more attention to consumers," said Wang.

On February 5, Hong Kong Special Administrative Region's Department of Health announced in a press release that five Yunnan Baiyao products would be recalled because they were found to contain undeclared aconitum alkaloids.

The press release stated that aconitum alkaloids can be toxic, and if used improperly, they can cause problems such as vomiting and even life-threatening conditions such as cardiac arrhythmia and breathing difficulties.

On February 6, Yunnan Baiyao announced that its products do contain aconitum alkaloids, but denied that they are toxic to health.

"Through Yunnan Baiyao's special processing techniques, the toxic degree of aconitine will be dissolved or decreased," the announcement said.

The company also said that its products' ingredients are proprietary information and cannot be revealed.

Li Zhengqing, a doctor at Beijing Xizhihe TCM Hospital, said that it is wrong for the company to conceal its products' ingredients.

"If it involves secrecy, Yunnan Baiyao can list most of its ingredients. It should write in its instructions what the result may be if used excessively, as any TCM herbs used excessively will be harmful to the health," said Li.

"Take aconitum alkaloid for example, excessive use of it may threaten people's lives," Li said.

Li said that according to his knowledge of TCM, he feels that any Yunnan Baiyao products which should be ingested should be prescribed rather than sold in pharmacies, because they have greater influence on health than medications used externally.

According to the Legal Mirror Wednesday, lawyer Luo Qiulin in Hunan Province also filed a case in January against Yunnan Baiyao for not listing its ingredients.

In addition, six lawyers from Hunan and Shandong provinces and Beijing wrote a joint letter to the FDA to ask it to urge Yunnan Baiyao to revise its medication instructions, the report said. Not listing ingredients can lead to bad results, the lawyers wrote.

Wang Bing, a lawyer with Beijing Guozhen Law Firm, said that it is illegal for Yunnan Baiyao to hide its products' ingredients on the grounds of company secrecy.

"Yunnan Baiyao's formulas can't be said to be a national secret in law. It can only be said to be an economic secret. It must publish its ingredients to customers," said Wang Bing.

"Only when Yunnan Baiyao applies for a national patent, can it remove its ingredient description from the instructions," he noted.

Yunnan Baiyao could not be reached for comment Wednesday.