Does the propaganda of drug knowledge in food packaging count as fraud?

Case Mr. Zhang of Yibin bought a box of vitamin sandwich candy for his daughter. After returning home, Mr. Li found that there was a billboard in the box of the sandwich candy to publicize the functions of the drugs vitamin C, vitamin E, vitamin B2, vitamin B 1 and vitamin B6. Mr. Zhang wondered, since it is sugar, it should belong to food, and now why should this sugar be promoted in a medical way? Mr. Zhang believes that this act of confusing food advertisements with drug advertisements violates relevant national laws and constitutes de facto fraud. The manufacturer should give a full refund and give it to double indemnity in accordance with the Consumer Protection Law. Xiao Bin's comment: How to understand and apply the Punishment Measures for Consumer Fraud is the key to determine whether promoting drug knowledge in food packaging can constitute fraud. Article 2 of the Measures for Punishment of Consumer Fraud stipulates, "Consumer fraud as mentioned in these Measures refers to the behavior of business operators who deceive and mislead consumers by false or other improper means when providing commodities (hereinafter referred to as commodities, including services) or services, and damage the legitimate rights and interests of consumers." Article 2 of the Measures for Punishment of Consumer Fraud defines 13 kinds of fraudulent acts, which are specifically expressed as follows: "When an operator provides goods to consumers, it belongs to consumer fraud in any of the following circumstances: (1) selling adulterated or adulterated goods, and passing off fake goods as genuine ones and shoddy goods; (two) the use of false or other improper means, so that the number of goods sold is insufficient; (3) selling commodities such as "defective products", "defective products" and "off-grade" and falsely claiming that they are genuine; (4) Selling commodities at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices; (5) Selling commodities with false commodity descriptions, commodity standards or physical samples; (six) do not sell goods with real names and marks; (seven) the use of hiring others to deceive sales; (eight) false on-site demonstration and explanation; (nine) the use of radio, television, movies, newspapers and other mass media to make false propaganda of goods; (10) defrauding consumers of advance payment; (eleven) the use of mail order sales to defraud the price and not to provide or not to provide goods in accordance with the agreed conditions; (twelve) to sell goods in the form of false "prize sales" and "repayment of principal sales"; (13) Deceiving consumers by other false or improper means. " In this case, the manufacturer's behavior does not belong to any of the above, and because the vitamin publicity materials provided by the manufacturer are in the packaging box, they do not guide consumers to buy, and they can only be obtained after consumers buy the goods, which does not directly lead to sales. On the contrary, if consumers recognize the functions of vitamin C, vitamin E, vitamin B2, vitamin B 1 and vitamin B6 promoted by the company, they will decide to buy vitamin drugs, because these drugs are basically over-the-counter drugs, and the price is much lower than that of candy, but the vitamin content is much higher. According to common sense, the promotional materials about vitamins put forward by manufacturers are at most a kind of knowledge popularization, and it is difficult to constitute fraud. Then, what should I do if there is a clear vitamin manufacturer or trade name on the promotional materials provided by the manufacturer? Article 2 of the Measures for the Administration of Printed Advertisements stipulates that "all printed advertisements such as leaflets, posters and brochures introducing goods or services published by posting, placing, mailing or mailing shall be managed according to these Measures. Advertisements are published in newspapers, periodicals and books, and tobacco advertisements are published in printed matter, unless otherwise stipulated in the advertising management regulations.