MANUFACTURER OF UNREGISTERED GLUTATHIONE PRODUCT FOUND GUILTY BY THE REGIONAL TRIAL COURT

Press Release 15 October 2019

On 04 September 2019, the Regional Trial Court in Mandaluyong City promulgated a Judgment against Leo Plantilla Ortiz (Ortiz), owner of JLO General Merchandise, finding him guilty of violation of Republic Act No. 9711. He was sentenced to pay the fine of One Hundred Thousand Pesos (Php100,000.00).

The accused Ortiz was found to have willfully, unlawfully and feloniously, manufactured or caused the manufacture of different health products identified as: (a) 12-in-1 Gluta Lipo with Glutathione and L- Carnitine Lemon Flavor (also referred to as Gluta Lipo 12-in-1 (Glutathione) Whitening and Slimming Juice, 12- Gluta Lipo Whitening Juice(Glutathione); (b) 12-in1 Gluta Lipo Detox Coffee (also referred to as 12-in-1 Gluta Lipo Detox Coffee (Glutathione); and (c) Gluta Lipo Ultima Plus capsules without first registering said products before the Food and Drug Administration (FDA). The agents of the Regulatory Enforcement Unit of the FDA made the arrest and filed criminal charges against the accused.

He was charged of clearly violating Section 10 (a) and (j) Republic Act No. 9711 known as the Food and Drug Administration Act (FDA) of 2009, amending Section 11 of Republic Act No. 3720, as amended, which provide:

“SEC. 10. Section 11, subsections (a), (b), (d), (g), (j), (k) and (l) of Republic Act No. 3720, as amended, are hereby further amended to read as follows:

“SEC. 11. The following acts and the causing thereof are hereby prohibited:

“(a) The manufacture, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product that is adulterated, unregistered or misbranded.

“6) The manufacture, importation, exportation, sale, offering for sale, distribution,

transfer, non-consumer use, promotion, advertisement, or sponsorship of any health

product which, although requiring registration, is not registered with the FDA

pursuant to this Act.”

In a statement, Undersecretary for Health and FDA’s Director General, Rolando Enrique D. Domingo, declared that this verdict of the Court shall serve as a warning to all concerned people or entities to strictly comply with the provisions of Republic Act No. 3720, as amended, and further amended by Republic Act No. 9711, as well as, other FDA-implemented laws and secure the required appropriate licenses to operate an establishment and register their products.

“To those who continue with their illegal and nefarious activities of manufacturing, importation, exportation, sale, offering for sale, distribution, transfer, non-consumer use, promotion, advertising, or sponsorship of any health product without the benefit of registration and license to operate, at the expense of the health of the people, the FDA shall be relentless in pursuing legal actions against them,” he said.