Jeju Legal Consultation | After a Jeju Legal Consultation, a Client Charged With Violating the Food Sanitation Act Is Defended With a Suspended Sentence

The client who proceeded with the Jeju legal consultation used to earn income by purchasing diet supplements distributed on the market and reselling them to customers.

However, as sales gradually declined due to intensifying competition in the same industry, the client became anxious.

In the end, the client began to generate income by purchasing inexpensive Chinese diet products and then using their ingredients to personally manufacture and sell ‘counterfeit diet foods’ similar to well-known diet products.

However, in manufacturing this product, the client did not register with the Minister of Food and Drug Safety, and the materials used in the manufacture were materials subject to a sales suspension and a recommendation for voluntary recall by the Ministry of Food and Drug Safety due to their hazardousness, which led to a report by a consumer.

In addition, in order to sell the ‘counterfeit diet foods’ he had made, the client promoted their efficacy on social media, calling them ‘diet foods that received U.S. FDA certification and are highly effective,’ and thereby took a considerable sum of money from the customers who purchased them.

The Jeju legal consultation provided guidance on the statutes that could apply to the client's conduct.

The client's charge ① Failure to register the manufactured product with the Minister of Food and Drug Safety

The client's charge ② Manufacturing by adding a harmful substance not permitted by the Ministry of Food and Drug Safety

The client's charge ③ Selling to customers by misrepresenting the food's certifying body

It was emphasized that the material designated as a harmful substance in the diet food manufactured by the client was present only in a minimal amount.

In addition, it was requested that consideration be given to the fact that the client, having seen that the substance was readily distributed in China, did not realize at all that the substance was a harmful substance, and therefore had no intent.

The client committed the offense out of desperation caused by a sudden drop in sales.

After recognizing that this was a serious offense, the client immediately recalled the products and disposed of all of the items that had been manufactured.

The client also deeply reflected on the wrongdoing and resolved never to commit such an offense again.

The client compensated the victims who had purchased the products by providing not only refunds, but also settlement payments.

Through this, the client argued that, having reached an amicable settlement with the victims, the victims had expressed that they did not wish for punishment.

A violation of the Food Sanitation Act carries strict criminal penalty provisions, and licensed, registered, or reporting businesses are also likely to face separate administrative dispositions, which can create difficulties for business operations.

Therefore, if punishment appears unavoidable, it is advisable to promptly consult an attorney specializing in this area, explain the circumstances of the violation in detail, and seek a response that may lead to the minimum possible punishment.

If you wish to receive assistance with this, you may request a Daeryun Jeju legal consultation at any time.