FORENSIC ANALYSIS OF CHEMICAL ADDITIVES AND STATUTORY INGREDIENTS STANDARD: A CASE REVIEW OF PUBLIC PROSECUTOR V PENGURUS HONG TRADING & CO

Abstract

Food labelling and compliance with ingredient standards is an important concern in the Malaysian market, as it is vital to ensure consumers’ rights to being informed about the food they consume for their health and protection. The aim of this paper is to discuss the legal and ethical consequences of failure to comply with food ingredient standards as set out in domestic legislation. Violating the standards will not only damage customer confidence but may also create legal issues about the criminal liability of manufacturers. This research is based on the case review of Public Prosecutor v Pengurus Hong Trading & Co [1985] 1 MLJ 366, which discusses the cases related to tea products that was alleged to contain prohibited coloring matters under the Sale of Food and Drugs Ordinance 1952. The heart of the controversy in the case is whether or not the law actually means that no coloring matter at all is to be added. In this case review, the paper points to the use of the principle of statutory interpretation called ‘ejusdem generis’, which limited the effect of the law to those substances that are detrimental to the human body. This study seeks to highlight the need for clarity in the wording of legislation and the compliance of products with standards, with the ultimate goal of creating transparency and accountability of the food manufacturer, ensuring the rights of consumers are always respected.