Consumer Act of the Philippines R.A 7394
Transcript of Consumer Act of the Philippines R.A 7394
Republic Act No. 7394
THE CONSUMER ACT OF THE
PHILIPPINES
This law is designed to prevent business 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.
PURPOSE:
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. The objectives of this Act
is all focused to the welfare, protection and rights of all the
consumer in the Philippines.
BASIC POLICY:
This law is for all of us. We benefit for this Act because all of us is
a consumer.
THIS LAW IS FOR?
• 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 exercise of rights by the consumer;
• Provision of adequate rights and means of redress; and
• Involvement of consumer representatives in the formulation
of social and economic policies.
THE OBJECTIVES OF THIS ACT
ARE THE FOLLOWING:
• 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
CONSUMER RIGHTS:
• Department of Health:
Food, drugs, cosmetics,
devices, and substances
• Department of AgricultureProducts related to
agriculture:
• Department of Trade and
Industry:
Other consumer products not specified above
WHO ARE THE AGENCIES
CONCERNED?
The duty of the State:
• To develop and provide safety and quality standards for
consumer products.
• To assist the consumer in evaluating the quality.
• To protect the public against unreasonable risks.
• To undertake research on quality improvement of products
and investigation into causes and prevention of products
related death, sickness, and injury.
CHAPTER I – CONSUMER
PRODUCT QUALITY AND SAFETY
• Article 7 – Scope of implementing agencies
• Article 11 – The department 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 replace the product, the refund the purchase price
or to pay the consumer reasonable damages.
• Article 15 – Imported products
ARTICLES UNDER CHAPTER I:
The duty of the state:
• To protect he health of the consumer by ensuring a safe and
good quality of food, drugs, cosmetics and devices and toregulate their manufacture, sale, distribution and
advertisement.
CHAPTER II – FOOD DRUGS AND
COSMETIC DEVICES
(Food)
• Article 23 – Adulterated food
• Article 24 – Regulations of unprocessed food
(Drugs and Devices)
• Article 29 – Adulterated drugs and devices
• Article 32 – Dangerous drugs
• Article 33 – Banned or restricted drugs
(Cosmetics)
• Article 35 – Adulterated cosmetics
ARTICLES UNDER CHAPTER II:
Declaration of Policy:
• The state shall adopt measures designed to protect the
consumer against substances other than food, drugs,
cosmetics, and devices that are hazardous to health andsafety.
CHAPTER III – HAZARDOUS
SUBSTANCES
Any substance or mixture of substances which is toxic,
corrosive, irritant, a strong sensitizer, flammable or combustible
or generates pressure through decomposition, heat or other
means, if such substance or mixture may cause substantial
injury or substantial illness.
HAZARDOUS SUBSTANCE:
• Article 46 – Prohibited acts
Every producers should label their products if those are
hazardous or dangerous, banned hazardous products but still
delivered by producers are strictly prohibited.
ARTICLES UNDER CHAPTER III
Articles under Chapter IV:
• Article 61 – Implementing agency
The provincial, city, and municipal treasurers shall strictly
enforce the provisions of this chapter and its implementingrules and regulations.
• Article 62 – Sealing and testing instruments of weights and
measurements
All instruments for determining weights and measures in
all consumer and consumer related transaction shall be tested,
calibrated and sealed every six months by the official sealer.
CHAPTER IV – REGULATION OF
PRACTICES RELATIVE TO WEIGHTS
AND MEASUREMENTS
Articles under Chapter V:
• Article 68 (a) – Terms of express warranty
Seller or manufacturers who gives an express warranty
shall set the terms of warranty in clear and readilyunderstandable language by the consumers, shall identify the
party to whom the warranty is extended, shall state the
products or parts covered of warranty, state what the
warrantor will do in the event of a defect, state what the
consumer must do to avail new product and replace the old
one.
CHAPTER V – CONSUMER PRODUCTS
AND SERVICE WARRANTIES
DESIGNATION OF WARRANTY:
“Full Warranty”
“Limited Warranty”
The duty of the state:
• The state should enforce compulsory labelling, and fair
packaging to enable the consumer to obtain accurate
information, quality and quantity of the contents of products
and to facilitate comparison of the value of such products.
CHAPTER VI – LABELLING AND
FARE PACKAGING
• Article 77 – Minimum labelling requirements for consumer
products
Label needs its correct registered trade or brand name,
its duly trade mark, duly business name, the address of the
manufacturer, importer and repacker of the consumer product
of the Phil., its general make or active ingredients, the net
quantity of contents, and country of manufacture (imported or
not).
ARTICLES UNDER CHAPTER VI:
Brand name
Ingredients
Nutrition facts
• Article 78 – Philippine Product Standard Mark
• Article 80 – Special packaging of consumer products for the
protection for children
• Article 84 – Additional labelling requirements for food
(Expiration date, whether the product is semi-cooked,
fully processed, or ready-to-eat, and if the ingredients used are
natural or synthetic.)
• Article 87 – Additional labelling requirements for cosmetics
• Article 94 – Labelling requirements for cigarette
Warning: Cigarette Smoking is Dangerous
to your Health