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