Two women fined over unregistered health products

KOTA KINABALU: Two women were each fined RM2, 500, in default, 30 days’ jail by the Sessions Court here yesterday for possessing cosmetics without notification and unregistered health products.

Judge Noor Hafizah Mohd Salim imposed the fines on Lim Kim Yuen, 41, and Fung Chui Ping, 43, after they pleaded guilty to separate charges under the Control of Drugs and Cosmetic Regulations 1984.

In the first case, Lim was found to have two types of cosmetic products without notification, namely Yanko Whitening Cream and Yanko Night Cream at a box space rental shop at City Mall here at 12.35pm on August 16, 2017.

She had violated Regulation 18A (1)(a) of the Control of Drugs and Cosmetic Regulations 1984 which is an offence under Regulation 18A (15) of the same Regulations and punishable under Section 12 (1) of the Sales of Drugs Act 1952.

The indictment carries a maximum fine of RM25,000 or a jail term of three years or both, upon conviction.

For the second case, Fung was found to have possessed three boxes of unregistered health products called Siang Pure Oil at the same place and time, which was a violation of Regulation 7 (1)(a) of the Control of Drugs and Cosmetic Regulations 1984 which is an offence under Regulation 30 (1) of the same Regulations and punishable under Section 12 (1) of the Sales of Drugs Act 1952.

In mitigation, both the accused, who were not represented, prayed for a lenient sentence.

Lim told the court that she had just started her business and was not aware of such regulations.

Fung on the other hand apologized to the court and promised not to repeat a similar offence in the future.

Prosecuting officer from the Pharmacy Department, Raja Nurul Fatin, however urged for a deterrent sentence to be imposed on the accused persons to serve as a lesson to the accused and to take into account public safety.

Based on the facts, Lim and Fung were caught having the products at the said premises after an inspection by enforcement officers from the Pharmacy Department on August 16, 2017.