Consumer Product Regulation in the Philippines
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Questions and Answers

A consumer product can be declared injurious only after a petition by the manufacturer.

False

Imported consumer products that are substandard are allowed admission into the customs of the Philippine territory.

False

The manufacturer must notify the public if a product is found to be materially defective.

True

A consumer product may still be admitted for importation if it is determined to be unsafe, but not injurious.

<p>False</p> Signup and view all the answers

If a consumer product fails to meet safety standards, it can still be sold without any notice to the retailers.

<p>False</p> Signup and view all the answers

The term 'manufacture' includes the finishing of a consumer product.

<p>True</p> Signup and view all the answers

A 'manufacturer' can be any person who processes consumer products, regardless of brand ownership.

<p>True</p> Signup and view all the answers

'Labeling' refers only to packaging consumer products, not to any alterations made during manufacture.

<p>False</p> Signup and view all the answers

The statement 'keep out of the reach of children' is required for all consumer products.

<p>False</p> Signup and view all the answers

If a product is manufactured for another person who brands it, the original manufacturer is considered the manufacturer.

<p>False</p> Signup and view all the answers

Any precautionary measures for consumer products must be provided in English or Filipino.

<p>True</p> Signup and view all the answers

The layout of warning labels does not need to contrast with other printed materials.

<p>False</p> Signup and view all the answers

Manufacturers are not responsible for altering packaging during the production of consumer products.

<p>False</p> Signup and view all the answers

A 'strong sensitizer' is a substance that causes hypersensitivity on first application.

<p>False</p> Signup and view all the answers

A 'substandard product' creates a substantial risk of injury to the public.

<p>True</p> Signup and view all the answers

The duties of the State include developing consumer product safety standards.

<p>True</p> Signup and view all the answers

The implementing agency does not consider international standards when designating strong sensitizers.

<p>False</p> Signup and view all the answers

A 'supplier' can be a consumer who engages in promoting a product.

<p>False</p> Signup and view all the answers

Public hearings are required before the approval of safety and quality standards.

<p>True</p> Signup and view all the answers

The frequency of occurrence of a reaction is irrelevant for designating a substance as a strong sensitizer.

<p>False</p> Signup and view all the answers

All substances designated as strong sensitizers are automatically approved without review.

<p>False</p> Signup and view all the answers

The concerned department must hold a hearing within sixty hours from the issuance of an order regarding a consumer product.

<p>False</p> Signup and view all the answers

Technical committees formed by the concerned department are composed of equal representatives from the Government, business, and consumer sectors.

<p>True</p> Signup and view all the answers

A ban on the sale of a consumer product is lifted immediately after safety measures have been established.

<p>False</p> Signup and view all the answers

Any interested person can petition the appropriate department to start proceedings for the amendment or revocation of a consumer product declaration.

<p>True</p> Signup and view all the answers

The concerned department can develop its own quality and safety standards without consulting the private sector.

<p>False</p> Signup and view all the answers

Existing international standards recognized by the Philippine Government must be considered during the formulation of consumer product safety standards.

<p>True</p> Signup and view all the answers

If a consumer product is determined to be substandard, no action is required from the department.

<p>False</p> Signup and view all the answers

Once a consumer product is declared dangerous, it can be sold and distributed until further notice.

<p>False</p> Signup and view all the answers

The Department shall promote the use of any substance that may lead to mislabeling or adulteration.

<p>False</p> Signup and view all the answers

A food additive is considered safe if its use complies with the relevant exemptions.

<p>True</p> Signup and view all the answers

The limit for tolerated added substances in food is less than $0.5 ext{%}$ by volume of alcohol.

<p>True</p> Signup and view all the answers

The Department may allow the use of non-nutritive substances under all circumstances.

<p>False</p> Signup and view all the answers

Deception of the consumer is considered acceptable if it does not compromise public health.

<p>False</p> Signup and view all the answers

The presence of filthy or decomposed substances in margarine makes it unsafe.

<p>True</p> Signup and view all the answers

The regulations on food additives only apply to confectionery products.

<p>False</p> Signup and view all the answers

A food additive is considered safe if it remains below the fixed limits established by the Department.

<p>True</p> Signup and view all the answers

The Department is responsible for monitoring the market presence of certain drugs and publishing an updated list of them.

<p>True</p> Signup and view all the answers

Any person can manufacture or sell drugs without securing a license from the Department.

<p>False</p> Signup and view all the answers

Drugs intended solely for investigational use are exempt from the operations of the applicable Article.

<p>True</p> Signup and view all the answers

Batches of drugs containing antibiotics do not require any certification from qualified experts.

<p>False</p> Signup and view all the answers

The Department can issue a release for any drug batch that may pose a risk to safety before new certification regulations are effective.

<p>False</p> Signup and view all the answers

The issuance of a license by the Department ensures the manufacturer's compliance with technical requirements.

<p>True</p> Signup and view all the answers

The Department does not have the right to regulate the sale of devices that contain antibiotics.

<p>False</p> Signup and view all the answers

Prior to certification regulations, the Department can require the registration of drug manufacturers, importers, or distributors.

<p>True</p> Signup and view all the answers

Study Notes

Retail Trade Laws/Consumer Act/E-Commerce Law

  • This is a comprehensive law outlining consumer protection and related regulations, including provisions for e-commerce.
  • The act covers a broad range of topics, from advertisement practices to consumer product safety.
  • Key policies and declared duties of the state aim to protect consumers from unfair/deceptive practices, ensuring product quality and safety.
  • Implementing agencies are responsible for enforcing these rules. Different agencies are responsible for specific product types, such as the Department of Health for food, drugs, and cosmetics.

Definitions (RA 7394)

  • Advertisement: A prepared advertising message delivered through mass media.
  • Advertising: The business of presenting product details via mass media.
  • Advertising agency/agent: Organizations/businesses creating/managing promotional campaigns.
  • Advertiser: The client of an agency or sponsor of an advertisement.
  • Agricultural purpose: Purpose related to processing, manufacture, or disposition of agricultural products.
  • Amount financed: Defined as current price, non-finance charges, minus any down payment in a consumer sale or loan.
  • Banned hazardous substance: Includes hazardous toys or household products, certain products are excluded by regulation.
  • Batch: A specific production quantity of a drug or device.
  • Business name/firm name/style: Any name used for business transactions and displayed in the business location.
  • Cash price: The complete payment upon delivery of the item, excluding financing charges.
  • Chain distribution plans: Sales schemes where profits are primarily from recruitment, not the sale of goods.
  • Closing out sale: Promotions promising significant discounts to reduce inventory.
  • Commerce: Includes sale, lease, or exchange of goods and services.
  • Consumer: Individuals purchasing, leasing or receiving consumer products/services/credit.
  • Consumer credit: Credit offered for goods/services payable at a future date.
  • Consumer loan: Loans payable in installments with finance charges.
  • Consumer products/services: Goods/services Primarily for personal use, family, or household.
  • Consumer product safety rule: Rules declaring a product hazardous or a safety standard.
  • Consumer transaction: Any act of sale, lease, assignment or provision of credit.
  • Corrosive: Substances destroying living tissue by chemical action.
  • Cosmetics: Products for cleaning, beautifying, or altering appearance.
  • Counterfeit product: Products falsely claiming to be products of a certain manufacturer or brand.

Consumer Product Safety Rules and Standards

  • Implementing agencies formulate standards/rules ensuring the safety of consumer products (e.g., foods, cosmetics.).
  • There are specific departments/agencies responsible for particular consumer products.
  • A "standard" ensures products meet quality/safety conditions. A "substandard" product doesn't meet the standard.
  • "Highly toxic" substances have specific testing requirements (oral, inhalation, dermal).

Regulations and Enforcement

  • Violations related to consumer products/services result in specific penalties.
  • For imported products, there are specific requirements to ensure safety/quality standards are met.
  • There are rules to protect consumers if a product is judged as injurious, dangerous/ unsafe, or materially defective.
  • Enforcement ensures fair practices within the retail environment.

Prohibited Acts and Penalties

  • A range of prohibited acts is outlined, such as manufacturing/offering fraudulent products/services, false advertising, and refusing to comply with laws.
  • Stiff penalties—fines and/or imprisonment – exist for violations.
  • There are separate penalties depending on the type of violation and product.
  • Exemptions might exist depending on the circumstance.

Other Regulations

  • Rules for weight and measure standards and practices exist; products must be sold honestly with regard to quantity.
  • There are special regulations applicable to hazardous materials or substances, particularly in household packaging, to guarantee safety.
  • This law regulates several practices to protect consumers from fraud and unfair business dealings in consumer products and services.

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Description

This quiz covers key regulations and definitions related to consumer products in the Philippines. Test your knowledge on safety standards, manufacturing definitions, labeling requirements, and importation rules for consumer goods. Perfect for students and professionals interested in consumer protection laws.

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