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Singapore: HSA detects potent medical ingredients in two health supplement products sold on local e-commerce platforms

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In brief

On 27 April 2022, the Health Sciences Authority (HSA) announced that it detected potent medical ingredients in two products that were marketed on local e-commerce and social media platforms. The HSA has since removed the affected listings and issued warnings to sellers of said products.

Key takeaways 

  • While there is currently no registration or licensing requirements in relation to the import, manufacture or sales of health supplements, dealers must comply with the HSA’s safety and quality standards. The addition of such medical ingredients is prohibited, and there are strict toxic heavy metal, microbial, vitamin and mineral limits.
  • Anyone found to have supplied products that are adulterated may be imprisoned for up to three years and/or fined up to SGD 100,000 upon conviction.
  • In its recently revised health supplements regulatory framework, the HSA also introduced further clarity on the labelling standards and scope of permissible claims for health supplements. Health supplements must contain the labelling information set out in the Guidelines for Labelling Standards of Traditional Medicines and Health Supplements (“Labelling Guidelines“). Additionally, the Guidelines for Claims and Claims Substantiation of Traditional Medicines and Health Supplements set out a list of general principles that all claims must adhere to, including a requirement for claims to truthfully state the nature, quality and properties of the health supplement, and a prohibition against any claim that a product has no side effects. We cover the HSA’s updated health supplements framework in greater detail here.

Background

On 27 April 2022, the Health Sciences Authority (HSA) announced that it detected potent medical ingredients in two products that were marketed on local e-commerce and social media platforms. The HSA has since removed the affected listings and issued warnings to sellers of said products.

The first product was marketed as a sexual enhancement supplement and made claims that it was “devoid of animal element, devoid of stimulants, devoid of side effects”. The product was found to contain up to over 60 times the usual dose of tadalafil, a prescription-only medicine that may pose serious risks to individuals with heart-related problems and cause serious adverse side effects, such as heart attacks or palpitations, if used inappropriately.

The second product was marketed as a ‘new and improved’ version of a weight loss supplement that the HSA previously flagged in 2021. The product notably lacked key information required by the Labelling Guidelines, such as proper use directions and manufacturing information. The product also contained misleading marketing claims. Like its predecessor, the HSA detected high levels of sibutramine in the product, a substance that has been banned in Singapore since 2010 due to its role in increasing the risk of stroke and heart attack. 

Sellers have been directed to stop the sale of affected products immediately. 

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Andy Leck is the head of the Intellectual Property and Technology (IPTech) Practice Group and a member of the Dispute Resolution Practice Group in Singapore. He is a core member of Baker McKenzie's regional IP practice and also leads the Myanmar IP Practice Group. Andy is recognised by reputable global industry and legal publications as a leader in his field. He was named on "The A-List: Singapore's Top 100 lawyers" by Asia Business Law Journal 2018. In addition, Chambers Asia Pacific notes that Andy is "a well-known IP practitioner who is highlighted for his record of handling major trade mark litigation, as well as commercial exploitation of IP rights in the media and technology sectors. He's been in the industry for a long time and has always been held in high regard. He is known to be very fair and is someone you would like to be in the trenches with you during negotiations." Furthermore, Asian Legal Business acknowledges Andy as a leading practitioner in his field and notes that he “always gives good, quick advice, [is] client-focused and has strong technical knowledge for his areas of practice.” Andy was appointed by the Intellectual Property Office of Singapore (IPOS) as an IP Adjudicator to hear disputes at IPOS for a two-year term from April 2021. He has been an appointed member of the Singapore Copyright Tribunal since May 2010 and a mediator with the WIPO Arbitration and Mediation Center. He is also appointed as a Notary Public & Commissioner for Oaths in Singapore. He previously served on the International Trademark Association’s Board of Directors and was a member of the executive committee.

Author

Ren Jun Lim is a principal with Baker McKenzie Wong & Leow. He represents local and international clients in both contentious and non-contentious intellectual property matters. He also advises on a full range of healthcare, as well as consumer goods-related legal and regulatory issues. Ren Jun co-leads Baker McKenzie Wong & Leow's Healthcare as well as Consumer Goods & Retail industry groups. He sits on the Law Society of Singapore IP Committee and on the Executive Committee of the Association of Information Security Professionals. He is also a member of the Vaccines Working Group, Singapore Association of Pharmaceutical Industries, a member of the International Trademark Association, as well as a member of the Regulatory Affairs Professionals Association. Ren Jun is ranked in the Silver tier for Individuals: Enforcement and Litigation and Individuals: Prosecution and Strategy, and a recommended lawyer for Individuals: Transactions by WTR 1000, 2020. He is also listed in Asia IP's Best 50 IP Expert, 2020, recognised as a Rising Star by Managing IP: IP Stars, 2019 and one of Singapore's 70 most influential lawyers aged 40 and under by Singapore Business Review, 2016. Ren Jun was acknowledged by WTR 1000 as a "trademark connoisseur who boasts supplementary knowledge of regulatory issues in the consumer products industry." He was also commended by clients for being "very responsive to enquiries and with a keen eye for detail, he is extremely hands-on. His meticulous and in-depth approach to strategising is key to the excellent outcomes we enjoy."

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