Kota Kinabalu: A 31-year-old woman was fined RM2,500 or a month’s jail for having cosmetic products without notifications valued at RM1,785.
Sessions Court Judge Azreena Aziz meted out the sentence to Nurul Fazilah Tajuddin who pleaded guilty to the charge against her.
Nurul was found having the 15 boxes of Fjura Face Polish Treatment without notifications at 3.10pm on Aug 29, 2019 at a house in Taman Kendara Phase 2 in Jalan Kepayan Nosoob near here.
The offence, under Regulation 18A(1)(a) of the Control of Drugs and Cosmetic Regulations 1984 and punishable under Section 12(1) of the Drugs Sales Act 1952, which carries a jail term of up to three years or a fine of up to RM25,000, or both, for first offence, and for the second offence and so on, it provide a jail term of up to five years, or fine of up to RM50,000, or both, on conviction.
The court granted Nurul’s application to pay the fine by instalment in which the first payment of RM500 and the balance of RM2,000 must be paid on or before Nov 14 this year.
During mitigation, Nurul who was not represented asked for leniency saying that she has dependents to look after and that the fine to be paid by instalment.
However, Prosecuting Officer Amira Diyana Rosman from the Pharmacy Department urged the court to impose an appropriate sentence on the grounds that cosmetics should be notified with the National Pharmaceutical Control Bureau before being marketed in Malaysia to ensure the safety and quality of the product for public use.
Amira informed the court that the confiscated cosmetics have been confirmed as not notified and that the quality, effectiveness and safety of the product is doubtful.
She added that the use of unnotified cosmetics may cause a risk of side effects to the public.
Amira further submitted that for the safety of the public, the prosecution prayed for an appropriate sentence as not only to give a lesson to Nurul but as a warning to the would be offenders.