这些“三无”减肥胶囊到底是什么做的？为什么这么多客户被骗后还感觉效果不错？山东省食品药品检验研究院出具的保健食品检验报告显示：送检的涉案排毒减肥胶囊为灰白色粉末，含有酚酞150.9mg/g，不符合规定，属于非法添加的非食用物质。
Why are so many clients being tricked into doing so? According to the health-care food test report produced by the Sandong Food and Drug Research Institute, the sterilized and loss capsules in question are gray powder, containing 150.9 mg/g phenol, which is non-compliant and illegal additions of non-food substances.
据了解，酚酞是一种化学成品，属于晶体粉末状，几乎不溶于水。其特性是在酸性和中性溶液中为无色，在碱性溶液中为紫红色，常被人们用来检测酸碱。制药工业将之用于医药原料，生产医药轻泻剂，能刺激肠壁，引起肠的蠕动促进排便。也就是说，在朋友圈里被吹得神乎其神的涉案减肥药其实就是不合格的泻药，减肥的秘诀就是拉肚子。
It is understood that phenol is a chemical product in crystal powder form, which is almost insoluble in water. Its properties are colorless in acid and neutral solutions, purple red in alkaline solutions, and are often used to detect acid. The pharmaceutical industry uses it for pharmaceutical raw materials, producing pharmaceutical light agent, which stimulates the intestinal wall and causes intestinal worms to promote defecation.
济南市槐荫区食品药品监督管理局查询后发现：涉案减肥胶囊冒用的批准文号对应的产品实际为一款鳖精口服液，保健功能为免疫调节。这也从一个侧面反映出，上当受骗的买家缺乏必要的安全意识，服用这么久，竟然无人主动查阅批准文号，以甄别真假。
Upon enquiry, the Food and Drug Supervisory Authority in Jinan City’s shampoo district found that the product in question, which corresponds to the counterfeiting of a dietary capsule, actually consisted of a glutinous oral fluid, and that the health-care function was an immuno-regulation. This also reflected a side-by-side lack of the necessary safety awareness on the part of the conned buyer, who took it so long that no one had volunteered to check the approval number in order to identify the false.
检方指控，2014年5、6月份至案发，李桥双自淘宝网“宜而美健康商城”店铺购进铝箔纸包装的“减肥排毒养颜”胶囊，编造产品名称，印制包装材料，购买“正品保证”、“合格证”字样的标签，后以35元/盒至150元/盒不等的价格将产品销售给多人，销售减肥排毒养颜胶囊金额共计311054元。
The prosecution alleged that in May and June 2014, Li Qiao had bought the aluminous “fat-free-to-toxen” capsules for the packaging of aluminum paper from the “Importable and American City of Health Business” store, created the name of the product, printed the packaging materials, purchased the labels “record guarantee”, “certificate” and then sold the products to a large number of people at prices ranging from $35 per box to $150 per box, and sold the fertilization-free-to-toxin capsules for a total amount of $31,1054.
案件进展：
Progress on the case:
一审获刑一年半，检察院认为判太轻
One and a half years' imprisonment in the first instance and the Public Prosecutor's Office considers the sentence to be too light
槐荫法院认为，李桥双为牟取非法利益，违反国家产品质量管理法规，故意以不合格产品冒充合格产品予以销售，其行为构成销售伪劣产品罪，公诉机关指控成立。
The court held that Li Quanqiao, who knowingly sold products under the guise of qualified products in violation of national product quality regulations for the purpose of profiting from illegal interests, had acted as a criminal offence for the sale of false and poor products, and was charged by the Public Prosecution Service.
李桥双销售的排毒减肥胶囊无论是胶囊外壳、内装的粉末，还是外包装曾数次发生变化，且效果、药物反应也不一样，在已售出的胶囊未全部扣押在案的情况下，现有证据不能证实其已销售而未扣押在案的排毒减肥胶囊全部添加了违禁物质，亦没有证据证明其明知是被掺入了有毒、有害的非食品原料的排毒减肥胶囊（食品）而仍然予以销售。其销售伪劣产品的金额为311054元，销售有毒、有害食品的金额为66000余元，根据《中华人民共和国刑法》第一百四十九条第二款的规定，依照处罚较重的规定认定其构成销售伪劣产品罪。
In the absence of full seizure of the sold capsules, the available evidence does not establish that all the venomous fertilization capsules that were sold and not held in custody add prohibited substances, or that they are still sold as toxic, harmful, non-food raw materials (food products), knowing that they are. Their sale amounts to $31,1054 and the sale of toxic and harmful food products amounts to more than $66,000, and they are found to constitute the sale of false and inferior products, in accordance with article 149, paragraph 2, of the Criminal Code of the People's Republic of China, in accordance with the heavier penalty.
槐荫法院同时认为，李桥双在落网后检举了一起生产毒粉条的犯罪线索，经查证属实，有立功表现，认罪态度较好，没有发生严重危害后果，对出现不良反应的顾客进行了赔偿，法制观念淡薄，确有悔罪表现，可依法对其减轻处罚。2016年9月21日，槐荫区人民法院一审以销售伪劣产品罪，依法判处李桥双有期徒刑一年六个月，并处罚金人民币十六万元。
At the same time, the court found that Li Xiaoqiao had denounced a criminal case for the production of poison powder after he had landed. He was found guilty, proved guilty, pleaded guilty, did not cause serious harm, paid compensation to customers who had reacted badly, the concept of the rule of law was weak, there was a genuine expression of remorse, and his punishment could be reduced by law. On 21 September 2016, the people's court of the Qing Qing District, in its first instance, sentenced Lee Quantue to a term of imprisonment of one year and six months and sentenced him to a fine of 160,000 yuan.
一审宣判后，李桥双没有提起上诉，但检察机关认为根据刑法规定，该罪名销售金额二十万元以上不满五十万元的，处二年以上七年以下有期徒刑，一审法院量刑畸轻，遂提起抗诉。21日，在济南中院二审开庭，将择日宣判。（文中当事人均为化名）
After the sentence was handed down in the first instance, Li Xiaoqiao did not file an appeal, but the Public Prosecutor's Office considered that, under the provisions of the Criminal Code, if the offence was sold for a sum of 200,000 yuan or more than 500,000 yuan, he would be sentenced to a term of imprisonment of between two and seven years, and the court of first instance sentenced him to a lesser sentence, which led to a protest.
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