KOTA KINABALU: A mobile phone company was fined RM10,000 for selling an unregistered medical product.
The product, in the form of capsules, was marketed as an alternative treatment for Covid-19.
Sessions Court judge Elsie Primus meted out the fine on Dex Communication Sdn Bhd after its director pleaded guilty to the charge.
The male director, acting as the company representative admitted to having 1,800 units of the product known as "Lianhua Qingwen Jiaonang" on Sept 7 last year at 10.52am at the company premises in Asia City complex.
The company had violated Regulation 7(1) (a) of the Control of Drugs and Cosmetics Regulations 1984 which is an offence under Regulation 30(1) of the same Regulations 1984.
The punishment falls under Section 12(2) of the Sale of Drugs Act 1952, which carries a maximum fine of RM50,000 or imprisonment of up to three years or both upon conviction.
During mitigation, counsel Chin Tek Ming who defended the company, asked for leniency, saying that the company sold the products for side income due to the pandemic situation.
In reply, Pharmaceutical Division principal assistant director (enforcement) Mad Sapri Tumiran, who prosecuted the case, asked for an appropriate sentence as a lesson. Mad Sapri told the court that the seized haul was considered large, involving 1,800 boxes of the product worth an estimated RM36,000.
He said this was the highest amount recorded compared with the recent seizure of the said unregistered products in Selangor with 1,200 boxes, as reported in the media.
"This large number of products is suspected to be for distribution throughout Sabah as an alternative treatment for Covid-19. This situation is seen as exploiting the Sabah people who were worried for their health during the Covid-19 pandemic," he said, adding that action was taken following public complaints and monitoring from the company's Facebook marketplace.
The company has 10 branches in Sabah.
"This product is not registered with the Health Ministry. It is also not known where it is manufactured. If something happens to consumers as a result of using these unregistered products, no party can be called upon to withdraw this product from the market.
"Therefore, for the safety and health of the public, we at the ministry request the court to give a severe and maximum punishment to the accused. This will not only provide a lesson to the accused but will serve as a stern warning to other errant traders," he said.