FORENSIC ANALYSIS OF SUPPLY CHAIN INTEGRITY: A CASE STUDY OF EVYAP SABUN MALAYSIA SDN BHD V SAMAJU KIMIA SDN BHD

الملخص

In today’s global manufacturing landscape, the safety and quality of consumer products, from pharmaceuticals to everyday food additives, rely on solid foundation for the integrity of the chemical supply chain. This study discusses the forensic complexities involved when raw materials are compromised, focusing on the specific of Evyap Sabun Malaysia Sdn Bhd v Samaju Kimia Sdn Bhd (2024) MLJU 3168. The lawsuit was brought about after the delivery of 40 MT of Isopropyl Alcohol (IPA) was found to be contaminated with Methanol (0.2%), a toxic contaminant that could affect the production of ingredients used in the food and personal care sectors. Investigators were able to identify the contamination from the initial detection of an unusual peak in the internal Quality Assurance (QA) data along with independent laboratory testing, and the contamination was traced to an issue in transport tanker cleaning procedures used to move Methanol. The final ruling affirms the manufacturer's entitlement to receive goods of merchantable quality under the Sale of Goods Act 1957 and International Commercial Terms 2020 (Incoterms 2020) and adopts the principles of res ipsa loquitur to establish the supplier liability. In conclusion, this study indicates the importance of robust forensic practices like the preservation of retained samples and thorough logistic backtracking for the maintenance of the security of the supply chain and preventing consumer exposure to unsafe food.