THEY MAY SUE YOU BACK! Not easy to sue Cadbury

PETALING JAYA - Suing Cadbury Malaysia for damages over the alleged presence of porcine DNA in two of their products will prove to be difficult, tort lawyers said today.

Former Bar Council president Ragunath Sesavan said such claims for compensation are only valid if the plaintiffs can prove that porcine DNA is present in products they have purchased.

"(The) first thing to do is to prove causation, they must get proof that whatever it is they have purchased is contaminated (with porcine DNA).

"It must be what they purchased, what they have consumed and not some test samples. You must show that the item you purchased is defective," Ragunath said.

He said the plaintiffs cannot rely on tests run by the Health Ministry as it does not have correlation damages incurred upon them.

The Health Ministry recently detected traces of porcine DNA in Cadbury's "Dairy Milk Hazelnut" and "Dairy Milk Roast Almond" product lines, causing uproar among Muslims.

Some non-governmental organisations threatened to sue Cadbury for damages, retailers discarded the products from their inventory, and some even declared jihad on the company.

Ragunath Sesavan

However, the Islamic Development Department announced after further tests by the Chemistry Department that the products are not contaminated by porcine DNA.

Senior tort lawyer Salim Bashir said since the Chemistry Department had ruled out any contamination, any claims brought forth will be difficult to exercise.

"If there is substantial evidence, then there is a chance it could work, (and) you can sue for special damages.

"But if the Chemistry Department found no porcine DNA, then there is no substance to the claim," he said. -Sundaily