PETALING JAYA: Shake and Bake Cafe Sdn Bhd and its managing director Ewe Sarn Yeun have been charged with seven offences in two Sessions Courts here related to using the halal logo and trademark without approval in connection with the "ham and cheese sandwich" issue.
The accused, Ewe Sarn Yeun, 65, and the company, Shake and Bake Cafe Sdn Bhd, pleaded not guilty after all the charges were read out in front of Judges Dr Syahliza Warnoh and Noor Ruzilawati Mohd Nor on Friday (Jan 24).
They were charged under Section 4(1) of the Trade Descriptions Order (Halal Definition) 2011 for supplying 366 sandwiches that were likely to mislead people into believing they were halal.
The products involved were 50 mixed tuna sandwiches, 43 mixed potato sandwiches, 77 mixed chicken sandwiches, 74 egg mayo sandwiches, 66 ham and cheese sandwiches, and 56 chilli crab stick sandwiches.
All offences were committed at Shake and Bake Cafe Sdn Bhd in Sunway Damansara here at 12:50pm on Jan 10.
They face a maximum fine of RM100,000, or up to three years in jail, or both, if convicted as a first offender.
Repeat offenders face a maximum fine of RM250,000, up to five years imprisonment, or both, upon conviction.
Ewe, a US permanent resident, along with Shake and Bake, were also jointly charged under Section 100 of the Trademarks Act 2019 for falsely applying a registered trademark to goods or services.
Both pleaded not guilty.
The company faces a maximum fine of RM15,000 for each product falsely marked with the halal logo if convicted. For second and subsequent offences, the fine could go up to RM30,000 per product.
Ewe faces a fine of up to RM10,000 for each product falsely marked with the halal logo, up to three years in jail, or both, upon conviction. For subsequent offences, he could face a fine of up to RM20,000 per product, a maximum prison term of five years, or both.
The court then allowed bail for Ewe and amounting to RM130,000 for all charges, with a local guarantor, along with the additional condition of surrendering his passport to the court.
The case is set for mention on March 5.
Previously, Malaysian Islamic Development Department (Jakim) director-general Datuk Dr Sirajuddin Suhaimee said that an inspection conducted on Jan 10 found that the product did not have the Malaysian Halal Certification and that the company producing the product was also not a holder of halal certification.
Earlier, Shake and Bake Cafe Sdn Bhd issued a statement saying the sandwiches were made using bread, cheese, and chicken slices certified as halal by Jakim.
The company also confirmed that officials from the Domestic Trade and Cost of Living Ministry and Jakim had conducted investigations on their premises.
