The parents of 22 infants seeking compensation from the importer of Nutrilatt milk powder say they are still waiting for compensation as the legal process lingers.
“We want compensation from the company and justice for my baby,” said one parent, who asked to only be identified as Malis. “We don’t want to continue [court] procedures anymore due to our child’s [pursuit of] justice has been ongoing for almost three years.”
The company’s baby formula milk powder was deficient in iron and zinc, causing some infants to become ill, the Ministry of Commerce found in August 2020.
The Phnom Penh Municipal Court ruled in 2022 that Nutrilatt Master LM Co., Ltd Executive Director Khon Keokesey owed each family between $10,000 and $20,000 for illness caused by nutritional deficiencies in the milk. The court also fined the company 8 million riel ($1,950) and sentenced Keokesey to 10 months in prison. Keokesey is out on bail.
On March 13, families filed a complaint to the Ministry of Justice requesting intervention to ensure the court order is carried out in a timely manner.
Chea Meth, deputy prosecutor of the Phnom Penh Appeal Court, said that the company has filed motions to delay the court hearing. Nutrilatt’s lawyer filed a petition to delay the case, stating that Keokesey had been hospitalized in Vietnam.
The appeals hearing was held in April and the court plans to announce a verdict “in the near future,” Meth said.
“Of course, both sides can appeal to the Supreme Court after the Appeal Court’s verdict announcement,” said Meth. “It depends on the private company and the victims, if they want to continue to another court.”
Nutrilatt did not answer phone calls to its office and could not be reached for comment.
Keokesey said in court that she had imported and rebranded milk produced in a Malaysian factory for more than a decade without problem and had not realized the formula was deficient in nutrients, Khmer Times reported last year.
Malis says the families filed a complaint to the Ministry of Justice on March 13, requesting intervention as the families quest for compensation has been stalled without explanation from the court.
Ministry of Justice spokesperson Chin Malin said that his ministry has been pushing to speed up the court proceedings but cannot intervene directly.
“This case is under the procedure of the appeals court, but the Ministry of Justice will observe this court procedure,” Malin said. “If we find something wrong, we will do an inspection.”
Yin Srey Pov, a parent whose child was impacted by the milk formula, says that she worries her child may have suffered health problems as a result of the nutrient-deficient formula.
Iron-deficiency can lead to anemia, in which the body does not have enough red blood cells, causing fatigue.
“It isn’t easy to take care of my child after he got sick because I am really worrying about his memory and intellectual abilities,” Srey Pov said. “I have to send him to an expensive school because it has a good teacher and can take care of my child.”
Another parent, Malis, said that her child required expensive treatment as a result of the milk formula and she hoped the court-ordered compensation would reimburse the cost of the healthcare.
“It is not too much compensation from the milk company because I have taken my child to treatment at a hospital abroad, which cost so much more than the compensation,” Malis said. “I was more worried about my child’s health than the money.”
Malis said the parents were willing to meet the company again in the appeals hearing and the Supreme Court if necessary.
“If the company wants to appeal to another court, we will agree and seek justice for the baby,” Malis said. “We aren’t scared of the company.”
