Academic journal article Asian Social Science

The Liability of the Producer of False Halal Products under Product Liability Law

Academic journal article Asian Social Science

The Liability of the Producer of False Halal Products under Product Liability Law

Article excerpt

Abstract

The ultimate physical outcomes of compliance with halal requirements in Islamic production are high quality and safe products. The producers or suppliers, who claim that their products are halal but in actual fact are not halal, are subject to criminal sanctions under relevant laws in Malaysia. The question arises as to whether the producers of non-halal products can also be liable for physical or emotional injury caused to the victims of such products. This paper aims to explore the potential liability of the producer and supplier of false halal products under the product liability law which generally concerns with providing protection to consumers against unsafe products. The paper specifically examines the provisions of strict liability for defective products under Part X of Consumer Protection Act 1999 (CPA). The main questions to be answered are whether non-halal products can be considered as 'defective' and what kind of injury can be recovered by the victims. The findings of this study provide insights to producers and suppliers on the civil liability for supplying supposedly halal products and recognition of consumer right of redress for injury caused by non-halal products.

Keywords: False halal products, producer, product liability, consumers

1. Introduction

In the midst of remarkable development of the halal industry in Malaysia, the issue of halal certificate forgery, misuse of halal logo and other forms of false and misleading halal claims continue to haunt halal consumers. The legal solution to the problem has always been criminal sanctions under various statutes (Part 11 of the Consumer Protection Act 1999; Trade Description (Certification and Marking of Halal) Order 2011; Shariah State Enactments). Thus most studies on abuse of halal logo have been focusing on the adequacy of the existing law and the effectiveness of its enforcement in punishing the offender (Afifi & Alisa, 2014). Without denying the noble deterrent function of criminal law it however does not provide for the victim of non-halal products to be compensated by the wrongdoers. The question thus arises as to whether the producers of non-halal products labelled as halal can also be liable for physical or emotional injury caused to the victims of such products. This issue and other aspects of civil liability of producers and suppliers of false halal products have never been properly studied. Thus, adopting a content analysis method, this paper aims to explore the potential liability of the producer and supplier of non-halal products under the product liability law which generally concerns itself with providing protection to consumers against unsafe products. The paper specifically examines the provisions of strict liability for defective products under Part X of the Consumer Protection Act 1999 (CPA).

It first provides an overview of the concept of halal and its significance in the life of Muslim consumers. This background knowledge is very important in understanding the potential harm that may be caused to them due to the supply of false halal products. The discussion subsequently highlights the potential civil liability of the producer and other parties in the chain of distribution for breach of warranty or guarantees under the law of sale and for breach of duty of care under the tort of negligence. The rest of the paper is devoted to the discussion on the requirements to succeed in establishing a case under the strict product liability law. The product must be proved to be defective before liability can be imposed on the producers. The discussion on the concept of defectiveness aims at discovering the possibility of non-halal product to fall under the purview of defective product. The paper further identifies parties that can be held responsible for producing and supplying false halal products. The purpose is to uncover the scope of liability of all parties involved along the supply chain. Finally, this paper discusses the nature of injury that may be caused to Muslim consumers supplied with non-halal products. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.