Misleading or Deceptive Marketing of Dietary Supplements in Malaysia: The Criminal Law Aspect

Norazlina Bt Abdul Aziz, Farizah Bt Mohamed Isa, Ahmad Shukree Mhd Salleh, Mardiah Hayati Binti Abu Bakar, Hartini Saripan

2018

Abstract

One of the effects of globalization is the transformation of many industries from the traditional/conventional ambiance to a modern and technology-based industry. Among the transformed industry is the food and pharmaceutical industry which led to the growth of the dietary supplements industry. Dietary supplements are products that are labelled as dietary supplements and are not represented for use as a conventional food or as a sole item of a meal or diet. Supplements can be marketed for ingestion in various forms such as capsules, powder, soft gels, tablets, liquid, teas and many other forms. Although dietary supplements are believed to have aided in the maintenance of better quality of life, yet the market is flooded with dietary supplements that are marketed or advertised with deceptive or misleading description. Advertisements in the media, has become a vital source of information about dietary supplements for consumers. Within this context, the extent to which the manufacturers of these dietary supplements adhere to the standards and guidelines of good advertising practices remains relatively unexplored in Malaysia. Where the existing regulatory framework provides for the control of marketing for pharmaceutical related products, the law is absent in providing the same for food related products. This paper will look at the criminal aspects of misleading or deceptive marketing of dietary supplements in relation to the provisions of the Malaysian Penal Code, in particular the offence of cheating; provided under section 415 and section 418 which describes cheating with knowledge that wrongful loss may be caused to a person whose interest the offender is bound to protect

Paper Citation

in Harvard Style

Aziz N., Isa F., Salleh A., Bakar M. and Saripan H. (2018). Misleading or Deceptive Marketing of Dietary Supplements in Malaysia: The Criminal Law Aspect.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 326-330. DOI: 10.5220/0010053603260330

in Bibtex Style

@conference{i-nlac18,
author={Norazlina Bt Abdul Aziz and Farizah Bt Mohamed Isa and Ahmad Shukree Mhd Salleh and Mardiah Hayati Binti Abu Bakar and Hartini Saripan},
title={Misleading or Deceptive Marketing of Dietary Supplements in Malaysia: The Criminal Law Aspect},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={326-330},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010053603260330},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Misleading or Deceptive Marketing of Dietary Supplements in Malaysia: The Criminal Law Aspect
SN - 978-989-758-482-4
AU - Aziz N.
AU - Isa F.
AU - Salleh A.
AU - Bakar M.
AU - Saripan H.
PY - 2018
SP - 326
EP - 330
DO - 10.5220/0010053603260330