HALAL CERTIFICATION MISUSE AND SUPPLY CHAIN FRAUD: THE CASE OF TAN KIMHOCK TONG SENG FOOD INDUSTRY SDN BHD V TAN KIM HOCK PRODUCT CENTRE & ANOR [2016] 7 MLJ 561

Abstract

This case study examines the Malaysian High Court case, Tan Kimhock Tong Seng Food Industry Sdn Bhd v Tan Kim Hock Product Centre & Anor [2016] 7 MLJ 561, through the lens of Halal Forensics. The core legal dispute involved an application for a Trade Description Order (TDO) under Section 9(1) and (2) of the Trade Description Act 2011 to address the disappearance of similar dodol products using counterfeit trademarks. Although traditionally viewed as an intellectual property conflict, this case exposed a critical weakness in the integrity of the Halal supply chain: the fraudulent misuse of the Halal certification mark permitted on products manufactured by non-certified third parties. By examining the legal framework, halal certification standard operating procedures, and the court’s strong rebuke of halal misrepresentation, this study highlights how commercial fraud undermines the halal and toyyiban aspects. Lastly, this article highlights the critical role that Halal Forensics which includes laboratory analysis and regulatory enforcement plays in protecting consumer rights and preserving the legitimacy of the worldwide halal market.