Kota Kinabalu: A 28-year-old shop owner who runs a products and cosmetics business to support her family, as her husband is disabled, was fined a total of RM4,000 for possessing and selling unregistered products, as well as cosmetics without notification.
Sessions Court Judge Hurman Hussain meted out the sentence on Ho Xue Nie, who pleaded guilty to three charges.
On the first count, Ho was fined RM1,000, in default 14 days’ jail, for selling two products that were not registered with the Ministry of Health (MOH) to a man at 10.40am on June 13, 2024, at My Accessories & Cosmetics, Lot 1 Kedai Sedco, Ranau.
On the second count, she was ordered to pay a fine of RM1,500 or face one month’s imprisonment for possessing five unregistered products at the same place and time.
The offences under Regulation 7(1)(a) of the Control of Drugs and Cosmetic Regulations 1984 carry a jail term of up to three years, or a fine of up to RM50,000, or both, upon conviction.
On the third count, Ho was fined RM1,500 or one month’s jail for possessing 23 types of cosmetics without notification at the same place and time.
During mitigation, counsel Dominic Chew, who represented Ho, requested a benchmark fine of not more than RM1,000, saying his client operated the business to support her family as her husband is disabled.
Chew told the court that Ho has limited resources and limited knowledge of the products sold, adding that her guilty plea showed remorse.
He also said Ho had suffered losses of almost RM5,000 worth of items confiscated during the raid and that the business is a sole proprietorship, not a large company.
However, Prosecuting Officer Thai Yih Yang from the Sabah Pharmacy Enforcement Division urged the court to impose a proportionate and appropriate sentence in line with Section 12(1) of the Sale of Drugs Act 1952, to serve as a lesson to the accused and a warning to others in similar businesses.
Thai submitted that product registration and cosmetic notification are necessary regulatory controls to ensure quality, efficacy and safety before such items are used by the public.
“Even if unregistered products or unnotified cosmetics appear safe or are registered in their country of origin, they still pose health and safety risks to consumers.
“In the event of any adverse incident arising from the use of such products, no authority would be responsible for conducting a recall.
“Moreover, attempts to sell unregistered products and unnotified cosmetics mislead consumers and disregard their right to receive safe products,” he said.
