Trade Mark Act 1976
Enagic (Malaysia) Sdn Bhd is a related company of Enagic HK Co. Ltd. and has the sole and exclusive right to use the KANGEN WATER, ENAGIC, LEVELUK and ANESPA Trade Marks in Malaysia.
The KANGEN WATER, ENAGIC, LEVELUK and ANESPA Trade Marks are internationally and domestically identified with Enagic Group of Companies and we enjoy substantial goodwill and reputation in our business in the retail of water filters, water dispensers, water purification installations, water ionizers and related goods bearing the KANGEN WATER, ENAGIC, LEVELUK and ANESPA Trade Marks. The KANGEN WATER, ENAGIC, LEVELUK and ANESPA Trade Marks have become synonymous in the minds of public and industry alike with Enagic Group of Companies ™ goods and services. Enagic Group of Companies have used and spent substantial amounts of monies to advertise and promote our goods and services bearing the KANGEN WATER, ENAGIC, LEVELUK and ANESPA Trade Marks which have resulted in our attainment of substantial goodwill in the Trade Marks in Malaysia and worldwide.
None of our trademarks, trade names and service marks could be used without the approval of the Company. Distributor agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the products or services or the Company marketing program unless such material has been submitted and approved by the Company before being disseminated, published or displayed. Kindly refer to Enagic Policies & Procedures; Article #8 “ Trademarks, Trade Names , Advertising” for further information.
Any use of our trade marks which is not part or permitted use by Enagic (Malaysia) Sdn Bhd in accordance to Enagic Policies and Procedures can also be considered as an infringement of our trade marks by virtue of Section 38 of the Trade Mark Act 1976.
Medicine (Advertisement and Sale) Act 1956
Distributors are prohibited to make any claim as to the therapeutic or curative properties; diagnose, treat, cure, or prevent any disease. Such statement can be perceived as medical claims and unsubstantiated claims such as these are strictly against the Enagic Policies and Procedures; Article 8 “Trademarks, Trade Names, Advertising”.
No distributor shall take part in the publication of any advertisement that consists above claims that could be perceived as a medicine, an appliance or a remedy for the purpose of treatment or prevention of diseases or conditions of human beings other than the diseases and conditions specified in subsection 3(1) in accordance to Medicine (Advertisement and Sale) Act 156; Section 4B, unless such advertisement has been approved by the Medicine Advertisements Board.
Pursuant to Section 5(1) of the Medicine (Advertisement and Sale) Act 1956, the advertiser would be liable on first conviction to a fine not exceeding Three Thousand Ringgit or to imprisonment for any term not exceeding one year or to both and on a subsequent conviction, to a fine not exceeding Five Thousand Ringgit, or to imprisonment for a term not exceeding two years or to both.
Food Act 1983 & Food Regulations 1985
Visits made by the officers from the Food Safety and Quality Division, Ministry of Health (MoH) last year stressed out the behaviors and actions of our distributors in which contravention of Section 17 of the Food Act 1983.
Distributors are prohibited to effect or promote the sale by publishing any advertisement relating or likely to cause any person to believe that it relates to such food, or to any ingredient or constituent thereof, which… (refer to the Section 17 of the Food Act 1983).
Pursuant to Section 17(1) of the Food Act 1983, the advertiser would be liable on conviction to imprisonment for a term not exceeding three (3) years or to a fine or to both.
Enagic (Malaysia) Sdn Bhd strictly prohibits distributors from making sales of Kangen Water and any water produced from our machines either in bottled form or any other form in accordance to Article 14 of Enagic Policies & Procedures. Under the same article, distributors are prohibits from charging customers due to the any cost incurred and none involving money can be associated with such activities. Besides that, any labeling on the bottle or attached to the bottle is strictly prohibited as it may create confusion that the sample water is “bottled” or “for sale“, rather than a mere sample provided to person or prospective buyer at no charge.
In accordance to Food Act 1983, any drinks which are packed and meant for consumption, including water filters, must abide and adhere to the standards of the Food Act 1983 and Food Regulations 1985 for licence purposes.
Pursuant to Section 360(b) and 360(c) of the Food Regulations 1985, in is considered as an offence to market drinking products, whether in packages or from machines without a license.
Medical Device Act 2012
Recently, Enagic (Malaysia) Sdn Bhd has had a discussion with the Medical Device Authority (MDA) and Food Safety and Quality Division (FSQ), Ministry of Health in regards to the Enagic machines, its properties and status as a ‘medical device‘ and miraculous and therapeutic claims made by distributors.
Medical Device Authority has concluded that Enagic machines are not a medical device and has instructed us to remove the following effectively immediately:
- “Medical Device” and “Endorsed by the Japanese Association of Preventative Medicine for Adult Disease” statements in any of Enagic (Malaysia) publications; electronic and hardcopy;
- Certificate by ‘Japanese Association of Preventative Medicine for Adult Disease’;and
- Certificates by Ministry of Health, Labour and Welfare Government of Japan; ‘License Number: 27B2X00070’ and ‘License Number: 27BZ006010’.
Distributors are prohibited to promote the sale by publishing any advertisement relating or likely to cause any person to believe that Enagic machines are considered as ‘medical device’ and none of the distributors may say, directly or indirectly; discuss or suggest that any diagnosis, evaluation prognosis, description, treatment, therapy or management or remedy of illness, ailment or disease can be improved by consumption, use or application of the water produced and/or product by producing the certificates as mentioned above towards the public in any means necessary.
Pursuant to Section 78 of the Medical Device Act 2012, any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Medical Device Act 2012
Download Medical Device Act 2012
Medical Device Authority Act 2012
Download Medical Device Authority Act 2012
Direct Sales & Anti-Pyramid Scheme 1993
In accordance to Direct Sales and Anti-Pyramid Scheme Act 1993, none of our products can be advertised in any manner (marketing plan) which has not been approved by the ministry. This is to include the sales in the internet auction sites and selling the products at the different price that have been pre-approved by the ministry; not limited to machines and filters which is a clear breach of Section 5 and also in contravention of Section 19(A) of the Direct Sales and Anti-Pyramid Scheme Act 1993 wherein pursuant to Section 39(1) of the Direct Sales and Anti-Pyramid Scheme Act 1993, the advertiser would be liable on conviction to imprisonment for a term not exceeding three (3) years or to a fine not exceeding one hundred and fifty thousand ringgit or to both.
It has come to our attention that the products advertised in certain sites have failed to mention any statement (in writing) in regards to the “cooling-off period” and provide any duplicate copy of the contract immediately as required which is a clear breach of Section 23 of the Direct Sales and Anti-Pyramid Scheme Act 1993 in which failure to comply with the subsections shall render the contract void.
In addition, all the warranties on Company products are limited and non-transferable in accordance to Article 10 of Enagic Policies and Procedures. We are aware that there are several postings that sell knock-off filters and enchancer; solution and powder which are not originally made by Enagic bearing our trade marks. These knock-off products will invalidate the warranty and Enagic (Malaysia) Sdn Bhd shall not be held responsible for any matter that may arise in regards to the malfunction and/or servicing of the machine without a valid warranty.
Direct Sales & Anti-Pyramid Scheme Act 1993
Download Direct Sales & Anti-Pyramid Scheme Act 1993
Enagic Policies & Procedures; Article #55 – Indemnification and Hold Harmless
Enagic (Malaysia) Sdn Bhd would like remind that any violation towards Enagic Policies & Procedures may violate the law of Malaysia as well. Enagic (Malaysia) Sdn Bhd will not be responsible and will be held harmless according to below article:
Article #55 Indemnification and Hold Harmless
The independent distributor hereby indemnifies and releases the Company, its officers, directors, agents and assigns and holds harmless from and against the full amount of any and all claims, causes of action, judicial and administrative proceedings suits, charges, liabilities, losses, damages, costs and expenses, including without limitation court costs and reasonable fees and expenses of attorneys and consultants, which are or may be made, filed or assessed against Company at any time arising out of distributors business operations and representations made by the distributor in the operation of his business, arising from the following:
a) Violation and/or lack of compliance with terms of the distributor agreement, policies and procedures, rules and regulations, marketing programme manual or guidelines or any other directive from the Company as to the method and manner of operation of the independent distributor business; and/or
b) Engaging in any conduct not authorised by the Company in the Company marketing programme; and/or
c) Any fraud, negligence or willful misconduct in the operation of the independent distributor business; and/or
d) Misrepresentation or unauthorised representation regarding the Companys product or service, marketing opportunity or potential or the Companys marketing program; and/or
a) Failure to adhere to the relevant laws of Malaysia; and/or;
b) Engaging in any action which exceeds the scope of authority granted to the distributor by the Company; and/or
c) Engaging in any activity over which Company has no effective control as to the actions of the distributor.
Personal Data Protection Act (PDPA) 2010
1. Information Collection Statement
2. Use of Information
3. Collection and Use of Non-Personal Information
4. Disclosure Principle
5. Security Principle
6. Right to Access
7. Data Integrity Principle
8. Contact Us
Enagic Malaysia is responsible to take any prudent steps to ensure that we have sufficient security measures in place to protect and safeguard the confidentiality and security of all personal data. Such steps to include any appropriate procedural and technical steps being introduced by us to protect personal data from any unwanted situation/scenario; accidental or unlawful destruction or accidental loss, alteration or disclosure.
Such policies have been incorporated into the Agreement and shall be automatically incorporated into the Agreement should there is any amendment takes place.