Health Supplement and Product Liability in Malaysia: A Call for Reform

Zeti Zuryani Mohd Zakuan
Department of Law, Universiti Teknologi MARA

Rahmah Ismail
Faculty of Law, Universiti Kebangsaan Malaysia


Abstract

The health supplement market in Malaysia is on the rise. This is due to high demand of health supplements by Malaysian consumers. More and more consumers are taking charge of their health and seeking alternatives from medicine. They no longer seek medical advice when they are having health issues. To them, they are responsible towards their own health and will not let others take charge of their health. These consumers get information regarding their health through the internet. They will purchase health supplements which they think are suitable to solve their health issues. However, questions arise as to whether consumers are protected if the health supplement consumed is defective and the consumers suffer damage or injury due to the defect. This paper aims to provide some information regarding health supplements and the product liability law which is supposed to protect the consumer in an event where the consumer suffers injury due to a defective health supplement. It is submitted that product liability is not able to provide protection to consumers in issues relating to health supplements in Malaysia.

Keywords: Consumer protection, Health supplement, Product liability, Consumer Protection Act 1999