The 'ham and cheese sandwich incident' has drawn attention as a pastry company and its director faced 14 charges today in the district court for unauthorized use of the halal logo and registered trademark to supply 366 sandwiches with various flavors.
65-year-old You Shangyun and Shake And Bake Cafe Private Limited each denied the seven charges they faced before Judge Dr. Saliza and Judge Norruzwati.
According to six of the charges, You Shangyun and his company were accused of supplying food, namely 50 mixed tuna sandwiches, 43 mixed potato sandwiches, 77 mixed chicken sandwiches, 74 mayonnaise sandwiches, 66 ham and cheese sandwiches, and 56 chili crab stick sandwiches, while using the Malaysian halal logo, in violation of the 2011 Goods Description (Halal Certification and Marking) Order Section 4(1).
They were alleged to have committed the crime at 12:50 PM on January 10, 2025, at the pastry company located in Sunway Damansara.
You Shangyun is charged with violating the same order under Section 8(b), and if convicted, can be fined up to 100,000 Ringgit or jailed for up to 3 years, or both. If repeat offending occurs, the penalty can rise to a fine of up to 250,000 Ringgit or imprisonment for up to 5 years, or both.
The company faces charges under the same order Section 8(a), which carries penalties of up to a 200,000 Ringgit fine upon conviction, rising to a potential fine of 500,000 Ringgit for repeat offenses.
The seventh charge indicates that You Shangyun and his company were each charged at the same location, date, and time for using the incorrect 'Malaysian Halal Logo' registered trademark on the packaging of 366 sandwiches.
You Shangyun is charged with violating the 2019 Trademark Act Section 102(1)(c), which stipulates that if convicted, each item using the incorrect trademark can result in a fine of up to 10,000 Ringgit or three years imprisonment, or both, escalating to a fine of 20,000 Ringgit or five years imprisonment, or both, for repeat offenses.
The company faces similar charges under the same section, with penalties of up to 15,000 Ringgit per item upon conviction, rising to 30,000 Ringgit for repeat offenses.
Shafiq, a deputy prosecutor from the Ministry of Domestic Trade and Consumer Affairs, recommended bail at 60,000 Ringgit per charge due to public interest concerns. He also requested additional conditions that the accused's passport be held by the court, and that they report to the Ministry's office in Putrajaya monthly until the case concludes.
Defense lawyer Handan Hansa requested bail at 120,000 Ringgit for all charges combined, noting that his client is a permanent resident of the United States with a good reputation and has fully cooperated during the investigation.
The lawyer stated, 'The public interest issue raised by the prosecution was not aimed at the accused, but at another company that made headlines and went viral on social media.'
Shafiq emphasized that the prosecution was based on a viral video and the company in question supplying the product that sparked the issue.
The court granted bail at 130,000 Ringgit for all charges combined, with three guarantors, and ordered that the accused's passport be surrendered to the court until the case is resolved. The case is set for mention on March 5.
On January 13, the Malaysian Islamic Development Department (JAKIM) confirmed via a press release that the 'ham and cheese' product sold on the University of Malaya campus was not certified halal by JAKIM and that the company producing the product was not a holder of the halal certification (SPHM).