consumer act of the philippines

7394 April 13, 1992. – Any person may, with respect to any intended use of a food additive, file with the Department a petition proposing the issuance of a regulation prescribing the conditions under which such additives may be safely used. d) If the Department finds, after due notice to the applicant and giving him an opportunity for a hearing, that (1) the reports of the investigations which are required to be submitted to the Department pursuant to sub-article (b) hereof, do not include adequate tests by all methods reasonably applicable to show whether or not such drug or device is safe, efficacious and of good quality for use under the conditions prescribed, recommended or suggested in the proposed labeling thereof; (2) the results of such test show that drug or device is unsafe, inefficacious or of doubtful therapeutic value for use under such conditions or do not show that such drug or device is safe, methods used in, and the facilities and controls used for the manufacture of such drug or device are inadequate to preserve its identity, strength, quality and purity; or (4) upon the basis of the information submitted to him as part of the application, or upon the basis of any other information before him with respect to such drug or device, he has insufficient information to determine whether such drug or device is safe, efficacious or of good equality for use under such conditions; or (5) evaluated on the basis of the information submitted to him as part of the application, and any other information before him with respect to such drug or device, there is a lack of substantial evidence that the drug or device will have the effect it purports or is represented to have under the conditions of use prescribed, recommended or suggested in the proposed labeling thereof; or (6) based on a fair evaluation of all material facts, such labeling is false or misleading in any way; he shall issue an order disapproving the application. Delinquency Charges. Loading... Unsubscribe from saindz? – All actions or claims accruing prior to the effectivity of this Act shall be determined in accordance with the acts, laws, decrees and regulations in force at the time of the accrual. – A drug or device shall be deemed to be adulterated: a) 1) if it contains in whole or in part of any filthy, putrid, or decomposed substance which may affect its safety, efficacy or good quality; or (2) if it has been manufactured, prepared or held under unsanitary conditions whereby it may have been contaminated with dirt or filth or whereby it may have been rendered injurious to health; or (3) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it bears or contains any color other than a permissible one as determined by the Department, taking into consideration standards of safety, efficacy or good quality. Article 1. g) to accredit independent competent testing laboratories. If it appears from examination of such samples or otherwise that an imported consumer product does not conform to the consumer product safety rule or is injurious, unsafe and dangerous, is substandard or has a material defect, such product shall be refused admission unless the owner or the consignee thereof manifests under bond that none of the above ground for non-admission exists or that measures have been taken to cure them before they are sold, distributed or offered for sale to the general public. – Before opening any account under an open-end consumer credit plan, the creditor shall disclose, to the extent applicable, the following information: a) the conditions under which a finance charge may be imposed, including the time period, if any, within which any credit extended may be repaid without incurring a finance charge;cralaw, b) the method of determining the balance upon which a finance charge may be imposed;cralaw, c) the method of determining the amount of the finance charges, including any minimum or fixed amount imposed as a finance charge;cralaw, d) where one or more periodic rates may be used to compute a finance charge, each such rate, the range of balances to which it is applicable, and the corresponding simple annual rate;cralaw, e) the conditions under which the creditor may impose a security lien and a description of the goods to which such lien may attach.chanroblesvirtuallawlibrary. bt) "Substandard product" means a product which fails to comply with an applicable consumer product safety rule which creates a substantial risk of injury to the public. Fraudulent Practices Relative to Weights and Measures. Implementing Agency. The owner or consignee of the imported consumer product under examination shall be afforded an opportunity to a hearing with respect to the importation of such products into the Philippines. 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. – The retailer shall be subsidiarily liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty. Declaration of Policy. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof. General Requirements on Credit Cost Disclosure. Concerned Departments, Powers and Duties Under Existing Laws. No. c) The Department shall promulgate regulations exempting from any requirement of this Article and of Article 89 (j), (l) drugs which are to be stored, processed, labeled, or repacked at establishments other than those where manufactured, or condition that such drugs comply with all such requirements upon removal from such establishments; (2) drugs which conform to applicable standards of identity, strength, quality, and purity prescribed by these regulations and are intended for use in manufacturing other drugs; and (3) drugs which are intended for investigational use by experts qualified by scientific training and experience to investigate the safety and efficacy of drugs. Article 2. An appeal may be entertained only on any of the following grounds: b) the order is in excess of the jurisdiction or authority of the consumer arbitration officer;cralaw, c) the order is not supported by the evidence or there is serious error in the findings of facts.chanroblesvirtuallawlibrary. – The Secretary shall decide the appeal within thirty (30) days from receipt thereof. If the offender is an alien, he shall be deported after service of sentence and payment of fine without further deportation proceedings. It is the policy of the State to protect the interest of the consumer, promote his general … Deferral Charges. Implementing Agencies. For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. Repealing Clause. – The Department of Trade and Industry, hereby referred to as the Department, shall enforce the provisions of this Chapter. Article 64. The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to: a) the manner in which it is provided;cralaw, b) the result of hazards which may reasonably be expected of it;cralaw, c) the time when it was provided.chanroblesvirtuallawlibrary. – The consumer arbitration officers shall have original and exclusive jurisdiction to mediate, conciliate, hear and adjudicate all consumer complaints, Provided, however, That this does not preclude the parties from pursuing the proper judicial action. April 13 last week marked the 26th year the Consumer Act (Republic Act 7394) of the Philippines was signed into law. – Failure of the distributor to make the report or send them the form required by the manufacturer, producer, or importer shall relieve the latter of its liability under the warranty: Provided, however, That the distributor who failed to comply with its obligation to send the sales reports shall be personally liable under the warranty. Article 151. – This Act shall be known as the "Consumer Act of the Philippines." f) to accredit independent, competent non-government bodies, to assist in (1) monitoring the market for the presence of hazardous or non-certified products and other forms of violations of Article 18; and (2) other appropriate means to expand the monitoring and enforcement outreach of the department in relation to its manpower, testing and certification resources at a given time. The aforementioned signal words, affirmative statements, description of precautionary measures, necessary instructions or other words or statements may be in English language or its equivalent in Filipino; andchanroblesvirtuallawlibrary. Permit to Conduct Promotion. For purposes of this paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes. Article 149. Once the record deleted cannot be retrived. Short Title - This act shall be known as the "Consumer Act of the Philippines". An act or practice shall be deemed unfair or unconscionable whenever the producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumer's physical or mental infirmity, ignorance, illiteracy, lack of time or the general conditions of the environment or surroundings, induces the consumer to enter into a sales or lease transaction grossly inimical to the interests of the consumer or grossly one-sided in favor of the producer, manufacturer, distributor, supplier or seller. The warrantor will not be required to perform the above duties if he can show that the defect, malfunction or failure to conform to a written warranty was caused by damage due to unreasonable use thereof. 7394—also known as the Consumer Act—which states that sellers are to include the prices of the products they display on their ‘store’. Article 159. – Referral selling plans shall not be used in the sale of consumer products unless the seller executes in favor of the buyer a written undertaking that will grant a specified compensation or other benefit to said buyer in return for each and every transaction consummated by said seller with the persons referred by said buyer or for subsequent sales that said buyers has helped the seller enter into. Article 133. Article 32. joint da-doh administrative order no. CONSUMER PRODUCT QUALITY AND SAFETY. Article 158. bh) "Referral selling" means the sales device employed by the sellers wherein the buyer is induced to acquire goods or services by representing that after the acquisition of the goods or services, he will receive a rebate, commission or other benefit in return for the submission of names of potential customers or otherwise helping the seller enter into other sales, if the receipt of such benefit is contingent on an event occurring after the sale is made. Injurious, Dangerous and Unsafe Products. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I. 7394 Purpose: 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. The policy of the State aims at protecting the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. c) If it is not subject to the provisions of paragraph (b) and its strength differs from, or its efficacy, quality or purity falls below, that which it purports or is represented to possess. In case the repair of the product in whole or in part is elected, the warranty work must be made to conform to the express warranty within thirty (30) days by either the warrantor or his representative. If the product cannot be so modified, or if the owner or consignee is not proceeding to satisfactorily modify such product, it shall be refused admission and the department may direct redelivery of the product into customs custody, and to seize the product if not so redelivered. Article 114. Article 55. Special Advertising Requirements for Food, Drug, Cosmetic, Device, or Hazardous Substance. Chairman; Functions. e) to undertake a continuing education and information campaign to provide the consumer with, among others; 1) facts about consumer products and services;cralaw, 2) consumer rights and the mechanism for redress available to him;cralaw, 3) information on new concepts and developments on consumer protection; and, 4) general knowledge and awareness necessary for a critical and better judgment on consumption;cralaw. TITLE V. - THE NATIONAL CONSUMER AFFAIRS COUNCIL. If the offender is an alien, he shall, after payment of fine and service of sentence, be deported without further deportation proceedings. – Any person who shall violate any provision of this Chapter or its implementing rules and regulations with respect to any consumer product which is not food, cosmetic, or hazardous substance shall upon conviction, be subject to a fine of not less than Five thousand pesos (P5,000.00) and by imprisonment of not more than one (1) year or both upon the discretion of the court. – Any creditor extending a consumer credit sale other than one pursuant to an open-end credit plan shall disclose in a statement to the extent applicable, the following information: a) the cash price or delivered price of the property or service to be acquired;cralaw, b) the amounts, if any, to be credited as down payment and/or trade in;cralaw, c) the total amount to be financed or the difference between the amounts set forth under paragraphs (1) and (2);cralaw, d) the charges, individually itemized, which are paid or to be paid by such person in connection with the transaction but which are not incident to the extension of credit;cralaw, e) the finance charge expressed in terms of pesos and centavos;cralaw, f) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding balance of the obligation;cralaw, h) the number, amount and due dates or periods of payments scheduled to repay the indebtedness; and, i) the default, delinquency or similar charges payable in the event of late payments.chanroblesvirtuallawlibrary. After which, it shall no longer be legal to, or cause to, sell or distribute the consumer product not complying with the standards or rules. e) In the event that a settlement has not been effected, the Mediation officer may now proceed to formally investigate, hear and decide the case. Article 6. – GENERAL PROVISIONS . av) "Mislabeled hazardous substance" means any hazardous substance intended, or packaged in a form suitable, for use in households, especially by children, the packaging or labeling of which is in violation of the special packaging regulation issued by the Department of Health under ARTICLE 91 or if such substance fails to bear a label which (1) states conspicuously (i) the name and the exact address of the manufacturer, packer, distributor, or seller; (ii) the common or usual name of the hazardous substance or of each component which contributes substantially to the harmfulness of the substance, unless the Department by regulation approved by the Department permits or requires the use of the recognized generic name; (iii) the signal word "danger" on substances which are extremely flammable, corrosive, or highly toxic; (iv) the signal word "warning" or "caution" on all other hazardous substances; (v) a frank statement of the principal hazard or hazards involved, as "flammable", "vapor harmful", "causes burns", "absorbed through skin", or similar wording describing the action to be followed or avoided, except when modified by regulation by the Department pursuant to Sec. The department shall establish procedures for systematically logging in, investigating and responding to consumer complaints into the development of consumer policies, rules and regulations, assuring as far as practicable simple and easy access on the part of the consumer to seek redress for his grievances. Decision on Appeal. Application of Laws Enacted Prior to the Act. Article 59. Article 61. g) "Banned hazardous substance" means (1) any toy or other articles intended for use by children, which are hazardous per se, or which bear or contain substances harmful to human beings; or (2) any hazardous substance intended or packaged in a form suitable for use in the household, which the implementing agency by regulation, classifies as "banned hazardous substance" notwithstanding the existence of cautionary labels, to safeguard public health and safety: Provided, That the implementing agency may, by regulation, exempt from this Act, articles which by reason of their functional purpose require the inclusion of the hazardous substance involved and which bear appropriate labels giving adequate directions and warnings for their safe use. Requirement shall be known as the Consumer Act of the Philippines was signed into law survival adequate... Better quality product has been placed in the country new drugs '' covers to the.! 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