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In brief

On 20 February 2023, the Health Sciences Authority (HSA) announced that it had seized over 737,000 units of illegal health products worth SGD 640,000 in 2022 through enforcement raids and covert purchases. Illegal health products include unregistered or counterfeit health products, as well as products with potent medicinal ingredients and/or banned substances illegally added to them.


Key takeaways

  • To better protect local consumers from illegal health products, the HSA not only conducts surveillance at targeted physical locations but also on local e-commerce and social media platforms. The HSA not only conducts surveillance but also conducts active enforcement operations against sellers of illegal health products.
  • Sellers and suppliers should note that the HSA will take stern enforcement actions against anyone who sells and/or supplies illegal health products. Anyone who supplies illegal health products may be imprisoned for up to three years and/or fined up to SGD 100,000.

In depth

On 20 February 2023, the HSA announced that it had seized over 737,000 units of illegal health products worth SGD 640,000 in 2022 through enforcement raids and covert purchases. Codeine cough syrups, sexual enhancement or male vitality products and sedatives accounted for 91% of the products seized during the enforcement operations.

In its enforcement operations, the HSA has also worked closely with local platform administrators to promptly remove product listings of illegal health products and to educate sellers on the regulations for sale. On local e-commerce and social media platforms, sexual enhancement or male vitality products and topical products marketed for allergies or eczema accounted for 98% of the product listings that were detected and removed.

The HSA highlighted the dangers of consumers purchasing illegal health products and recommended consumers to purchase such products from businesses with an established retail presence. The HSA also recommended that consumers refer to the HSA database of notified health supplements and traditional medicines when in doubt.

The full HSA announcement may be found here.

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For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.

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Author

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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