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Southwark prosecution sees first custodial sentence over sale of skin whitening products

A prosecution brought by Southwark Council has led to what is thought to be the first custodial sentence for the illegal sale of dangerous skin whitening products.

At the Inner London Crown Court this week (21 August) Mohammed Iqbal Bharodawala, (45) of Heigham Rd, London E6 was sentenced to 20 months prison time, a company fine of £1,500 and costs of £5,000. 

The council said it was the second time it had Bharodawala, a director of Jennys Cosmetics Limited, 72 East Street, London, SE17.

In November 2015 he was given a suspended sentence of 12 months (to be activated if he were to reoffend within a two-year period) for similar offences that took place at the same business in 2014.

The court heard how the defendant had been stopped by the UK Border Force on 31 March 2017; he was returning from France with 1,431 infringing cosmetics, these were seized by Kent Trading Standards.

Bharodawala and his company each pleaded guilty to nine offences relating to the supply of skin lightening products containing hydroquinone: an ingredient which has been banned in these products since 2001. They also pleaded to15 further offences regarding the inadequate labelling of cosmetics.

Southwark said test purchases of three illegal products sold via eBay, had led to an inspection of the East Street premises on 12 January 2017, where some 260 items were seized. One of the products purchased online, Grace Duo, contained 17 per cent hydroquinone and had no manufacturer’s details or English language labelling.

Further investigation revealed that the eBay transaction was with a company called Jenny’s Online Limited, run by Bharodawala’s brother, Abdul Kadar Bharodawala (35), of Haldane Road, London, E6.

Abdul Bharodawala and his company also pleaded guilty to three offences each, under cosmetic product safety regulations. He was also in court for sentencing and received a one-year community order, 80 hours’ unpaid work, costs of £4,500 and a fine of £500 against the company.

Between 2002 and January this year, Southwark has successfully brought 20 local cosmetic suppliers to court for supplying dangerous and illegal skin lightening products. Total fines and costs amount to £424,000, with three suspended prison sentences.

Its trading standards team was awarded funds by National Trading Standards (NTS) to look into online sales, this being the fourth retailer to be prosecuted for selling illegal skin lighteners on eBay, as part of the NTS project.

Cllr Evelyn Akoto, Cabinet Member for community safety and public health at Southwark, said: “Southwark Council works tirelessly to protect shoppers in Southwark and beyond from irresponsible traders seeking to profit at the expense of their customer’s health.

“These results show that businesses cannot hide by selling illegal goods online and that the courts will severely punish those who repeatedly break the law.

“I fully support the Judge’s decision to bestow the severest sentence in such a case, and hope that it acts as a serious deterrent to anyone thinking of dealing in dangerous skin lightening products here in future.”

Mohammad Bharodawala was also disqualified from acting as a company director for four years.