HALAL INTEGRITY BREACH IN IMPORTED FOOD PRODUCTS: A FORENSIC ANALYSIS OF GUANGZHOU LIGHT INDUSTRY & TRADE GROUP LTD & ORS V LINTAS SUPERSTORE SDN BHD (EAGLE COIN CASE)

الملخص

The compliance of the regulations and requirements of halal according to the principle of Halalan Toyyiban is greatly reliant on the traceability of the supply chain of Malaysian food products. Usually, traditional halal forensics focused on scientific laboratory analyses such as the detection of porcine DNA, but contemporary halal forensic science includes an assessment of supply chain audits, territorial documentation and statutory labelling parameters. The paper analyzes the landmark Malaysian Federal Court judgment in the case of Guangzhou Light Industry & Trade Group Ltd & Ors v Lintas Superstore Sdn Bhd (Eagle Coin Case) using the lens of halal forensic. While the case was sparked by a commercial grievance over trademark infringement, passing off and grey market trading (also known as parallel import), the ruling brought to light the important "material differences" between a "parallel import" and an "approved local product”. The products, which were canned fried dace for the exclusive domestic China market, were unauthorized and did not meet the Malaysian labelling regulations and domestic halal requirements. This study examines the potential negative impact of grey market activities and unauthorized supply chains on the integrity of the Halal Assurance System (HAS), product safety and consumer rights as enshrined in the law, when products with same branding are supplied but with different levels of Halal compliance.