Commerce Commission v Sung Yub Paik (2010) (New Zealand)

In December 2010, Sung Yup Paik plead guilty to two breaches of sections 10 and 40(1) of the Fair Trading Act 1986 in relation to its marketing and distribution of its royal jelly capsules. Mr Paik mislead consumers as to the content of 10 HDA in each capsule, stating, on its label, that it contained 6-6.3% of 10 HDA when in fact the percentage of 10 HDA contained was 4.32%. Furthermore, the commission alleged the label was likely to mislead because it implied that the goods were made in New Zealand and that the product was “fresh” when, rather, most of the ingredients were sourced from overseas. Accordingly, Mr Paik was fined $12,750.00 NZD for both offences.