The ministry said the candy, shaped like an eyeball, violated food labelling regulations under the Food Act 1983 and Food Regulations 1985 as it lacked a warning on choking hazards.

“Malaysian law mandates that ‘controlled jelly confectionery’ with a diameter of 45mm or less must carry a choking hazard warning, especially for children under three.

“The ministry has prohibited the sale of the product in the domestic market and on online platforms,” it said in a statement.

The ministry said health authorities will seize the candy and may take further action against sellers.

Fahmi, a Year 4 pupil, had choked on a gummy candy he bought outside SK Sungai Dua in Butterworth on Tuesday. He was left in critical condition after the incident and died at 11pm yesterday.

Doctors had informed Fahmi’s family that his brain had been affected because of prolonged oxygen deprivation.

The Penang health department has since seized the “Gummy Original Basketball Soft Candy” from a shop in Butterworth after an inspection of stalls near a school.

Penang has also ordered its local authorities to ensure that traders comply with guidelines which bar hawkers from operating within 40m of a school.