Beverage importer goes to court over ban on energy drink

A LOCAL beverage importer has been permitted to challenge a decision by the Food and Drugs Division (FDD) of the Ministry of Health which prevents him from selling an energy drink imported from Vietnam.

On April 24, Justice Frank Seepersad granted leave to Rollin Marketing Company Ltd (RMCL), of Couva, to pursue its claim against the chief chemist/director of the FDD.

The matter is expected to come up on June 12.

The company’s managing director, Naren Mahadeosingh, said as part of its import business, RMCL purchased beverages from many countries, including Vietnam.

He said on January 25, the chief chemist directed RMCL not to distribute or sell a consignment of 380 cases of Sting Red Strawberry and 1,520 cases of Sting Gold until they were tested for possible contaminants.

The company is seeking to have the court declare the decisions of the chief chemist illegal. It also seeks a declaration that the decision to have the cases of drinks subjected to tests for total coliform, staphylococcus aureus and faecal coliform and e-coli after duty and taxes were paid is procedurally improper and irrational.

The application for leave said the consignments, purchased from the Phu Quang Service and Trade Company Ltd in Vietnam, expire in August and RMCL paid $44,686.23 in duties to clear the goods.

The application further contended that despite the goods having already been released and found fit for distribution and consumption, the decision was taken for the drinks to be tested.

Rollins Marketing said samples were taken to the Caribbean Industrial Research Institute (Cariri) laboratory at the University of the West Indies, St Augustine, which reported that the samples provided were within acceptable standards.

“Despite the results and scientific findings of the said report the intended defendant continues to prevent the intended claimant from distributing and selling its consignment of goods.

“There is a real and serious danger that due to the intended defendant’s decision, the consignment will expire and the intended claimant will be unable to sell its goods.”

The application further contends that it would take the company at least three months to distribute the drinks to retailers and another three months for sales.

“As such the intended claimant is required to distribute the said goods to its retail clients a few months before the aforementioned expiry dates. This provides the retailers enough time to sell these products before they become unsaleable.”

The company said after the Cariri report cleared the drinks, permission was sought to release and distribute.

“The company stands the risk of reputational damage as there has been no prior existing problem concerning the safety, quality and integrity of the beverages.

“I fear that in the event this information is put into the public domain, it will cause serious negative repercussions for the future saleability of the products,” Mahadeosingh said.