Kota Kinabalu: A company was fined RM9,000 for having 971 boxes of unregistered Lianhua Qingwen Jiaonang.
Sessions Court Judge Elsie Primus handed the sentence to Aplus Communication Sdn Bhd after its Director pleaded guilty to the charges against the company on Tuesday.
On the first count, the company was fined RM2,000 for having for sale three boxes of the product that was not registered with the Ministry of Health (MOH).
The offence took place at 10am on Oct 18, 2022 at the company premises in Jalan Tongkozu, Likas Baharu Light Industrial Estate in Jalan Tuaran, here.
On the second count, the company was ordered to pay a fine of RM7,000 for having for sale another 968 boxes of the same product at the same place and time.
The offence, under Regulation 7 (1)(a) of the Control of Drugs and Cosmetic Regulations 1984 and punishable under Section 12(2) of the Drug Sales Act 1952, carries a jail term of up to three years or a fine of up to RM50,000, or both, on conviction.
In handing down the sentence, the court told the Director that the company’s business was not related to the product as they sold handphones, home-wares and household appliances.
The court added that the company had misled their customers by selling unregistered products.
During mitigation, the Director asked for leniency, saying that it was the company’s first offence and they did not know they were not supposed to sell the product.
The Director promised not to repeat the offence in the future.
However, Prosecuting Officer Fashihatul Aini binti Affandi, from Pharmacy Department, urged the court to impose an appropriate sentence.
She said the products were not registered with MOH and it could risk the public’s health when used continuously without examination and health treatment by a medical practitioner.
According to Fashihatul, the value of the seized products were about RM8,297.
