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Singapore: Health Sciences Authority cracks down on 3,300 e-commerce listings for illegal health products

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In brief

The Health Sciences Authority (HSA) conducted a large-scale operation in collaboration with major e-commerce and social media platforms, removing over 3,300 listings of illegal health products. The operation highlights the HSA’s commitment to consumer safety, targeting substandard or counterfeit products that are potentially unsafe and pose health risks.

In more detail

From 23 September to 23 October 2024, HSA collaborated with eight online platforms to remove 3,336 listings of illegal health products and issued 1,471 warnings to sellers. This marks the HSA’s first large-scale collaboration with these online platforms. Products removed span various categories of goods. For instance, 48% were aesthetic enhancement products, such as DIY beauty injectables, dermal fillers, Botulinum toxin, etc. Others included contraceptives (11%), antibiotics (10%), contact lenses (7%), and sexual enhancement products (5%). About 40% of the listings were prescription-only or pharmacy-only medicines.

The HSA warned consumers that products sold online are often not evaluated for safety or efficacy and may cause severe adverse reactions. Examples include DIY injectable kits and prescription medications that require medical supervision. The HSA also emphasized its close partnership with platform administrators to proactively monitor and remove illegal listings.

In its press release, the HSA reiterated the harsh penalties for persons found to be selling illegal health products. If convicted for the supply of such illegal health products, sellers face up to three years’ imprisonment and/or a fine of up to SGD 100,000.

In particular, the HSA gave examples of some of the penalties it meted out, namely:

  • A fine of SGD 266,500 for selling 126 types of cosmetic products that were found to be counterfeit, which marks the largest fine ever imposed for selling counterfeit cosmetic products
  • A fine of SGD 19,000 and two weeks’ imprisonment for supplying unregistered health products used in a home-based aesthetic service and for promoting such services on social media
  • SGD 18,000 for selling an unregistered skin cream, discovered after investigating a serious adverse event reported in a four-month-old infant

Key takeaways

This action highlights the HSA’s proactive stance on protecting public health by collaborating with key e-commerce platforms to crack down on the illegal sale of health products online. Suppliers and sellers of health products are advised to comply with the HSA requirements.

Illegal health products potentially encompass a broad range of products, from genuine products that are sold via illegal means (e.g., without prescription) to counterfeit products and grey goods/parallel imports. Depending on the specific facts, regulatory and intellectual property laws may be engaged. Various regulators may commence ex-officio actions for genuine products sold via illegal means or where counterfeits are involved, and brand owners can commence private intellectual property actions against sellers of counterfeits. These include criminal raids, demand letters, takedown notices, private prosecution and civil litigation.

The appropriate strategy turns on what the illegal health products are and your overall objective. We have strong expertise in both the healthcare regulatory and intellectual property spaces, and are well-versed to handle the interplay and advise you on the appropriate strategy.

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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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