Medical Beauty Product and Cosmetic Product Liability in Malaysia: Justice for Women

Authors

  • Fahirah Syaliza Mokhtar , Safiek Mokhlis , Mohd Saiful Izwaan Saadon

Abstract

Women and beauty are inseparable. A significant number of women risk their lives due to a strong desire to look
young and beautiful by using and administering medical beauty products which are unknowingly dangerous to them.
Among the most highly reported cases are related to the use of mixed toxic ingredients that give an immediate
whitening effect, but may cause skin damage, permanent scarring, black-streaked complexions and various cancers.
A number of studies have found that consumers are unable to differentiate between medical beauty products and
cosmetic products, by which the failure to identify the difference raises several legal issues such as complicating the
problem of determining who should perform surgical or non-surgical procedures, who has the qualification to
evaluate and inform the consumer about the side effects, and who is criminally liable for supplying the products.
Therefore, thispure legal research study examines the regulation and legislation of both medical beauty and
cosmetic products in Malaysia to ensure not only better consumer protection, but also accord restorative justice to
women. The findings of this study shows that the existing regulations - the Poison Act 1952 and Control of Drugs
and Cosmetic Regulation 1984 - adopt a criminal law approach to the offender, but lacks restorative justice to
women, who suffer financially and physically, wherebyseeking compensation via the Consumer Protection Act 1999
and Tort is not an easy task. It is proposed that legislative inte

Published

2020-03-31

Issue

Section

Articles