Professional Documents
Culture Documents
Nelsie Marketing 130214024627 Phpapp01
Nelsie Marketing 130214024627 Phpapp01
Nelsie Marketing 130214024627 Phpapp01
OF THE PHILIPPINES
Consumer: refers to any individuals or
households that use goods and services
generated within the economy
Consumer protection: a concept that are
designed to ensure fair competition and the free
flow of truthful information in the marketplace
Government - enacting & enforcement of laws
Non government consumer activism
Consumer protection laws: laws designed to
prevent businesses that engage in fraud or
specified unfair practices from gaining an
advantage over competitors and provide
additional protection for the weak and those
unable to take care of themselves
Basic Policy
It is the policy of the
State to protect
the interest of the
consumer,
promote general
welfare and to
establish
standards of
conduct for
business and
industry
Objectives
Protection against hazards to health and
safety
Protection against deceptive, unfair and
unconscionable sales acts and practices
Provision of information and education to
facilitate sound choice and the proper
Provision of adequate rights and means of
redress
Involvement of consumer representatives
in the formulation of social and economic
policies
Consumer Rights
Right to basic needs
Right to safety
Right to information
Right to choice
Right to
representation
Right to redress
Right to consumer
education
Right to a healthy
environment
TITLE II - Chapter I
Consumer Product Qualit
and Safety
Declaration of Policy
The duty of the State:
to develop and provide safety and quality
standards for consumer products, including
performance or use-oriented standard codes of
practice and method of tests
To assist the consumer in evaluating the
quality, including safety, performance and
comparative utility of consumer products
to protect the public against unreasonable
risks to injury associated with consumer
products
to undertake research on quality improvement
of products and investigation into causes and
prevention of product related deaths, illness
Who are the agencies concerned?
Department of
Health: food, drugs,
cosmetics, devices
and substances
Department of
Agriculture: products
related to agriculture
Department of
Trade & Industry:
other consumer
products not specified
above
Art.7 Scope of implementing agencies
requirements to performance, composition, contents,
design, construction, finish, packaging of a consumer
product
requirements as to kind, class, grade, dimensions,
weights, material
requirements as to the methods of sampling, tests and
codes used to check the quality of the products
requirements as to precautions in storage, transporting
and packaging
requirements that a consumer product be marked with or
accompanied by clear and adequate safety warnings or
instructions, or requirements respecting the form of
warnings or instructions
Art. 11. The Dept. shall also direct the
manufacturer, distributor or seller of such
product to extend any or all of the following
remedies to the injured person:
To bring such product in the conformity with the
requirements of the applicable consumer product
standards or to repair the defect in order to conform
with the same
To replace the product with a like or equivalent
product which complies with the applicable consumer
product standards which does not contain the defect
To refund the purchase price of the product less a
reasonable allowance for use; and
To pay the consumer reasonable damages as may be
determined by the department
Art. 15. Imported Products
(a) Any consumer product offered for
importation into the customs of the
Philippine territory shall be refused
admission if such product:
(1) fails to comply with an applicable
consumer product quality and safety
standard or rule;
(2) is or has been determined to be
injurious, unsafe and dangerous;
(3) is substandard; or
(4) has material defect.
Chapter II
FOOD, DRUGS
AND COSMETICS
AND DEVICES
Basic Policy
toprotect the health of
the consumer by
ensuring a safe and
good quality of food,
drugs, cosmetics and
devices and to regulate
their manufacture,
sale, distribution and
advertisement.
Art. 23 Adulterated Food
(1) If it bears or contains any
poisonous or deleterious
substance which may render it
injurious to health; but in case
the substance is not an added
substance, such food shall not
be considered adulterated under
this clause if the quantity of
such substance does not
ordinarily render it injurious to
health;
(2)if it bears or contains any added
poisonous or deleterious substance
other than one which is (i) a pesticide
chemical in or on a raw agricultural
commodity, (ii) a food additive, (iii) a
color additive, for which tolerances
have been established and it
conform to such tolerances;
(3) if it consists in whole or in part of
any filthy, putrid or decomposed
substance, or if it is otherwise unfit
for food;
(4)if it has been prepared, packed or held
under unsanitary conditions whereby it
may have become contaminated with filth,
or whereby it may have been rendered
injurious to health;
(5)
if it is, in whole or part, the product of a
diseased animal or of an animal which has
died other than by slaughter;
ARTICLE 24. Regulations of
Unprocessed Food
The provincial municipal and city
governments shall regulate the
preparation and sale of meat,
fresh fruits, poultry, milk, fish,
vegetables and other foodstuff
for public consumption, pursuant
to the Local Government Code.
COMMON VIOLATIONS IN FOODS
MANUFACTURE AND SALE
1.The Department of Health has
banned the use of potassium
bromate as ingredient in the
making of breads because of
adverse reports concerning its
safety.
2.Use of poisonous food colors in
making bagoong and other
products. The BFAd has warned
against the use of such dangerous
3. Adulteration of hot dogs and
similar products by the use of
fillers such as flour to add bulk.
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that when the
consumer
transaction was
entered into, the
consumer was
unable to receive
a substantial
benefit from the
subject of the
transaction
Unfair/Unconscionable Sales Act
that when the consumer was entered into, the seller
or supplier was aware that there was no reasonable
probability or payment of the obligation in full by the
consumer
that the transaction that the seller or supplier induced
the consumer to enter into was excessively one-sided
in favor of the seller or supplier
ARTICLE 53. Chain Distribution Plans
or Pyramid Sales Schemes
Chain distribution
plans or pyramid
sales schemes
shall not be
employed in the
sale of consumer
products
ART 54. Home Solicitation
Sales
No business entity shall conduct
any home solicitation sale of
any consumer product or
service without first obtaining a
permit from the Department.
Such permit may be denied,
suspended or revoked upon
cause as provided in the rules
and regulations promulgated by
the Department, after due
notice and hearing.
Cases close to home
Chinese milk scandal was a food safety
incident in the People's Republic of China
involving milk and infant formula, and other
food materials and components,
adulterated with melamine
Toys made in China recalled for containing
lead which could cause brain damage
A Filipino-American nurse has filed a
complaint against the Belo Medical Group
over an alleged botched skin tightening
procedure done on her
Other Relevant Cases
In December 2006, a consumer complained
to the U.S. Consumer Product Safety
Commission that magnets could come loose
from Mega Brands Magna-Man action
figures. When the tiny, powerful magnets
come loose and are swallowed, they can
connect inside a child and rip through
intestines.
The 1982 Chicago Tylenol murders
occurred when seven people died after
taking pain-relief capsules that had been
poisoned
Other Relevant Cases
April 2007: Nestle voluntarily recalled its
"Caramel Kit Kat Chunky" bars and
"KitKat Cookie Dough Chocolate" bars
due to some bits of hard plastic being
found in the chocolate.
Ireland and United Kingdom (24 June
2006): Cadbury-Schweppes announced
that there has been a salmonella scare in
their products, causing millions of
chocolate bars from stores across Ireland
and the UK to be recalled.
Other Relevant Cases
WASHINGTON, DC, Aug. 9, 2000 -- Saying the
safety of consumers is the companys first
concern, today Bridgestone/Firestone, Inc.,
announced a voluntary recall of all Firestone
Radial ATX and Radial ATX II tires in size
P235/75R15 produced in North America, including
Mexico, & Wilderness AT tires in size P235/75R15
produced at the Decatur, Illinois plant. When
under inflated, all radial tires generate excessive
heat," Crigger said. "Driving on tires in this
condition can lead to tread separation.
Chapter II
REGULATION OF PRACTICES
RELATIVE TO WEIGHTS
AND MEASURES
ARTICLE 61. Implementing
Agency
The provincial,
city, or municipal
treasurers shall
strictly enforce
the provisions of
this Chapter, and
its implementing
rules and
regulations:
ART 62. Sealing and Testing of Instruments
of Weights and Measures
All instruments for determining
weights and measures in all consumer
and consumer related transactions
shall be tested, calibrated and sealed
every six (6) months by the official
sealer who shall be the provincial or
city or municipal treasurer or his
authorized representative upon
payment of fees required under
existing law:
CHAPTER III
CONSUMER PRODUCTS
AND
SERVICE WARRANTIES
Art.68 A).Terms of Express Warranty