The medical beauty industry is developing rapidly, and more and more consumers are choosing to maintain their health through massage beauty and using medical beauty technology to enhance their image. However, illegal medical beauty treatments continue to emerge, posing a serious threat to consumers' physical and mental health. Can massage institutions do medical beauty projects as they please? Can the agreed surgical materials be easily replaced? Who is responsible for getting injured during free therapy? Recently, the People's Court of Fangshan District, Beijing sorted out common medical service disputes in the medical beauty industry, aiming to remind operators to provide medical beauty services in accordance with laws and regulations, and also remind consumers to enhance safety awareness, prevent medical beauty risks, and jointly promote the healthy development of the medical beauty industry. Massage institutions engaged in medical beauty constitute fraud and can claim triple compensation for Ms. Han's beauty massage services received at a certain beauty institution. During a service session, the beautician recommended a dental patch cosmetic service to Ms. Han, who was impressed and agreed to it. Afterwards, Ms. Han discovered that the beauty institution did not hold relevant medical qualifications, but had implemented dental patch beauty services for herself, constituting consumer fraud. Therefore, she sued the court and demanded a refund of 19800 yuan in medical fees and three times the compensation of 59400 yuan. Beauty institutions argue that they collaborate with dental clinics to provide services for consumers with dental beauty needs. Ms. Han's dental patch cosmetic project was carried out by the dental clinic during the demonstration operation of the institution, and is only a demonstration case. Ms. Han is aware of and clearly agrees. The institution subjectively has no intention of fraud and has not engaged in any fraudulent behavior. Therefore, we only agree to refund the medical expenses and do not agree to triple the compensation. After trial, the court found that the business scope of the beauty institution only includes lifestyle beauty services and cosmetics retail. The dental patch cosmetic project belongs to medical beauty services and exceeds the business scope of this cosmetic institution. The beauty institution concealed the fact that it did not have relevant qualifications during the process of providing services to Ms. Han, which led Ms. Han to mistakenly believe that the institution had the technical ability and experience in dental beauty, constituting fraud. In the end, the court ruled that the beauty institution would refund Ms. Han's medical beauty fees of 19800 yuan and pay triple compensation of 59400 yuan. The verdict of this case has come into effect. In recent years, the medical beauty market has developed rapidly, but related consumer disputes have shown a high incidence trend. In pursuit of high profits, some institutions engaged in facial cleaning and other lifestyle beauty services have exceeded their business scope and qualifications by implementing medical beauty projects such as dental patches, injection fillers, and optoelectronic radiofrequency, infringing on the legitimate rights and interests of consumers. There are also many institutions taking advantage of the hot topic of "mass weight loss" and exploiting people's urgent desire to lose weight, launching illegal weight loss drugs with prohibited ingredients, seriously endangering the lives and health of consumers. Operators engaged in lifestyle beauty services should operate with integrity. Those who engage in fraudulent behavior will face triple punitive damages. Institutions that engage in medical beauty without obtaining a "Medical Institution Practice License" and without obtaining a physician qualification certificate for their employees, resulting in serious consequences, will face personal injury compensation, administrative penalties, and even criminal accountability. Consumers should also have a comprehensive understanding of the qualifications of medical beauty institutions and practitioners, do their homework before undertaking relevant medical beauty projects, and be alert to the "beauty trap". Unauthorized replacement of surgical materials shall bear the liability for breach of contract. Ms. Wang went to a dental clinic for dental implantation. The dental clinic performed a dental implant surgery on her. Less than a month after the surgery, Ms. Wang found that the junction between the dental implant and the gum was significantly blackened, suspecting that there was a problem with the surgery. When Ms. Wang checked her medical records, she found that the imported bone powder that should have been used according to the contract had been replaced with domestic bone powder. She believed that the dental clinic had engaged in fraudulent and unprofessional medical practices, and sued the dental clinic to refund the medical expenses of 30500 yuan and compensate three times the medical expenses of 91500 yuan. The dental clinic argued that during the preoperative conversation with Ms. Wang, they did promise to use imported materials for the dental implant surgery. However, after opening Ms. Wang's jawbone during the surgery, they found that the amount of bone powder used was higher than expected. Therefore, they used additional domestic bone powder for micro filling without charging any fees. Using domestic bone powder based on intraoperative conditions is a normal diagnostic and therapeutic behavior and does not constitute fraud. After trial, the court held that Ms. Wang and the dental clinic entered into a medical service contract, and both parties should fully fulfill their respective contractual obligations in accordance with the principle of good faith. In the medical service contract relationship, medical institutions should abide by the contractual provisions of both parties and respect patients' choices. The dental clinic shall bear the liability for breach of contract by replacing and adding some domestic bone powder without Ms. Wang's consent, which violates the contract agreement. However, the dental clinic added a small amount of domestically produced bone powder due to an increase in the actual amount of bone powder used during surgery and insufficient imported bone powder. This was recorded on the surgical record sheet and there was no intention of fraud. Therefore, the behavior of the dental clinic does not constitute fraud. Finally, based on the degree of fault of the dental clinic and the amount of domestic bone powder used by Ms. Wang, the court determined at its discretion that the dental clinic would refund Ms. Wang's medical expenses of 10000 yuan and reject her other claims. The verdict of this case has come into effect. 【 Judge's Reminder 】 Medical beauty services aim to meet the medical beauty consumption needs of patients, with strong commercial nature, and patients have strong autonomy and bargaining power. Therefore, medical beauty institutions should fully inform patients of the diagnosis and treatment process and risks, and respect their choices when providing diagnosis and treatment services. In this case, when the patient explicitly requested the use of imported surgical consumables, the medical beauty institution used domestically produced materials without authorization, violating the patient's wishes and contractual agreements, and should bear the liability for breach of contract. In addition, the determination of "fraud" in Article 55 of the Consumer Rights Protection Law requires not only the subjective intention of the fraudster to commit fraud, but also consideration of whether the fraudulent behavior misleads consumers. In this case, the medical beauty institution did not replace all imported consumables without authorization, but supplemented the use of domestic consumables when the actual consumption of consumables increased. There was no fraudulent intent, and punitive damages cannot be applied. Ms. Ma, an employee of the physical therapy institution, contacted Ms. Li while promoting the institution's project and asked her to help introduce someone to provide free physical therapy. Under Ms. Li's introduction, Ms. Gao accepted the free therapy program offered by the therapy institution. After the project was completed, Ms. Gao felt dizzy. After lunch, she felt unwell and fell into a coma. She was sent to the hospital for emergency treatment. After diagnosis, Ms. Gao suffered from brainstem hemorrhage, grade 3 hypertension, and other symptoms, and spent more than 80000 yuan on medical expenses. Ms. Gao believes that Ms. Ma did not measure her blood pressure according to the prescribed procedures before undergoing physical therapy. During the therapy, the electrical stimulation caused her brainstem to bleed, resulting in serious injuries to her body. Ms. Ma's institution is at a major fault. Ms. Li, a friend who provided a therapy venue for the institution, also made a mistake. Therefore, we request the court to order the therapy institution and Ms. Li to compensate a total of more than 1.65 million yuan for medical expenses, nursing expenses, disability compensation, and mental comfort. The therapy institution argues that measuring blood pressure is not a prerequisite for therapy. Although Ms. Ma did not measure Ms. Gao's blood pressure, she has inquired about her blood pressure situation. Ms. Gao claimed to have taken antihypertensive medication, with a high pressure of around 130 and no other illnesses. Ms. Ma underwent physical therapy under this condition without any fault. Moreover, Ms. Gao did not faint after completing physical therapy, which makes it difficult to prove that there is a causal relationship between Ms. Gao's disability and her physical therapy behavior, and she should not be held liable for compensation. Ms. Li argued that she only provided a place for free physical therapy and did not engage in any physical therapy activities, nor did she induce or force Ms. Gao to participate in physical therapy. Upon discovering that Ms. Gao was unconscious, she was immediately taken to the hospital without any fault and should not be held responsible. After trial, the court believes that if the perpetrator infringes on the civil rights and interests of others due to fault, they should bear the liability for infringement. Ms. Ma, an employee of the therapy institution, did not measure Ms. Gao's blood pressure when she knew she had high blood pressure and directly underwent therapy. After physical therapy, Ms. Gao experienced discomfort and was hospitalized for treatment, and the therapy institution was at fault for this. Ms. Gao should be aware that she has underlying hypertension and still requests physical therapy services from the institution, which is also her own fault. Ms. Li's invitation to Ms. Gao for physical therapy does not necessarily result in Ms. Gao's injury, and it cannot be proven that Ms. Li is at fault for this accident. Therefore, the physical therapy institution bears 80% of the compensation responsibility, and Ms. Gao herself bears 20% of the responsibility. In the end, the court ruled that the physical therapy institution should pay Ms. Gao a total of more than 1.29 million yuan in medical expenses, nursing fees, disability compensation, and emotional comfort, and rejected Ms. Gao's other claims. The verdict of this case has come into effect. 【 Judge's Reminder 】 Currently, receiving health services such as tuina, massage, and physical therapy in health care institutions has become a popular choice for people to relax their bodies. Health and wellness institutions shall operate in accordance with laws and regulations, and provide services strictly in accordance with prescribed procedures. Before providing services, it is necessary to have sufficient communication with consumers, comprehensively understand their physical condition, choose suitable health services for consumers, and fulfill safety obligations during the service process. Even if providing free experiential services to consumers, service behavior should be strictly regulated to ensure that services are not discounted. Consumers should choose reputable institutions with corresponding qualifications when receiving health services such as massage and therapy, and make a correct assessment of their own physical condition. In the case of underlying diseases, they should choose carefully. At the same time, we should also raise our awareness of fraud prevention, be wary of scams carried out under the banner of "health therapy", and protect our wallets. (Xinhua News Agency) by Zhang Xiaoting (People's Court of Fangshan District, Beijing)