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Questions and Answers
A consumer product can be declared injurious only after a petition by the manufacturer.
A consumer product can be declared injurious only after a petition by the manufacturer.
False (B)
Imported consumer products that are substandard are allowed admission into the customs of the Philippine territory.
Imported consumer products that are substandard are allowed admission into the customs of the Philippine territory.
False (B)
The manufacturer must notify the public if a product is found to be materially defective.
The manufacturer must notify the public if a product is found to be materially defective.
True (A)
A consumer product may still be admitted for importation if it is determined to be unsafe, but not injurious.
A consumer product may still be admitted for importation if it is determined to be unsafe, but not injurious.
If a consumer product fails to meet safety standards, it can still be sold without any notice to the retailers.
If a consumer product fails to meet safety standards, it can still be sold without any notice to the retailers.
The term 'manufacture' includes the finishing of a consumer product.
The term 'manufacture' includes the finishing of a consumer product.
A 'manufacturer' can be any person who processes consumer products, regardless of brand ownership.
A 'manufacturer' can be any person who processes consumer products, regardless of brand ownership.
'Labeling' refers only to packaging consumer products, not to any alterations made during manufacture.
'Labeling' refers only to packaging consumer products, not to any alterations made during manufacture.
The statement 'keep out of the reach of children' is required for all consumer products.
The statement 'keep out of the reach of children' is required for all consumer products.
If a product is manufactured for another person who brands it, the original manufacturer is considered the manufacturer.
If a product is manufactured for another person who brands it, the original manufacturer is considered the manufacturer.
Any precautionary measures for consumer products must be provided in English or Filipino.
Any precautionary measures for consumer products must be provided in English or Filipino.
The layout of warning labels does not need to contrast with other printed materials.
The layout of warning labels does not need to contrast with other printed materials.
Manufacturers are not responsible for altering packaging during the production of consumer products.
Manufacturers are not responsible for altering packaging during the production of consumer products.
A 'strong sensitizer' is a substance that causes hypersensitivity on first application.
A 'strong sensitizer' is a substance that causes hypersensitivity on first application.
A 'substandard product' creates a substantial risk of injury to the public.
A 'substandard product' creates a substantial risk of injury to the public.
The duties of the State include developing consumer product safety standards.
The duties of the State include developing consumer product safety standards.
The implementing agency does not consider international standards when designating strong sensitizers.
The implementing agency does not consider international standards when designating strong sensitizers.
A 'supplier' can be a consumer who engages in promoting a product.
A 'supplier' can be a consumer who engages in promoting a product.
Public hearings are required before the approval of safety and quality standards.
Public hearings are required before the approval of safety and quality standards.
The frequency of occurrence of a reaction is irrelevant for designating a substance as a strong sensitizer.
The frequency of occurrence of a reaction is irrelevant for designating a substance as a strong sensitizer.
All substances designated as strong sensitizers are automatically approved without review.
All substances designated as strong sensitizers are automatically approved without review.
The concerned department must hold a hearing within sixty hours from the issuance of an order regarding a consumer product.
The concerned department must hold a hearing within sixty hours from the issuance of an order regarding a consumer product.
Technical committees formed by the concerned department are composed of equal representatives from the Government, business, and consumer sectors.
Technical committees formed by the concerned department are composed of equal representatives from the Government, business, and consumer sectors.
A ban on the sale of a consumer product is lifted immediately after safety measures have been established.
A ban on the sale of a consumer product is lifted immediately after safety measures have been established.
Any interested person can petition the appropriate department to start proceedings for the amendment or revocation of a consumer product declaration.
Any interested person can petition the appropriate department to start proceedings for the amendment or revocation of a consumer product declaration.
The concerned department can develop its own quality and safety standards without consulting the private sector.
The concerned department can develop its own quality and safety standards without consulting the private sector.
Existing international standards recognized by the Philippine Government must be considered during the formulation of consumer product safety standards.
Existing international standards recognized by the Philippine Government must be considered during the formulation of consumer product safety standards.
If a consumer product is determined to be substandard, no action is required from the department.
If a consumer product is determined to be substandard, no action is required from the department.
Once a consumer product is declared dangerous, it can be sold and distributed until further notice.
Once a consumer product is declared dangerous, it can be sold and distributed until further notice.
The Department shall promote the use of any substance that may lead to mislabeling or adulteration.
The Department shall promote the use of any substance that may lead to mislabeling or adulteration.
A food additive is considered safe if its use complies with the relevant exemptions.
A food additive is considered safe if its use complies with the relevant exemptions.
The limit for tolerated added substances in food is less than $0.5 ext{%}$ by volume of alcohol.
The limit for tolerated added substances in food is less than $0.5 ext{%}$ by volume of alcohol.
The Department may allow the use of non-nutritive substances under all circumstances.
The Department may allow the use of non-nutritive substances under all circumstances.
Deception of the consumer is considered acceptable if it does not compromise public health.
Deception of the consumer is considered acceptable if it does not compromise public health.
The presence of filthy or decomposed substances in margarine makes it unsafe.
The presence of filthy or decomposed substances in margarine makes it unsafe.
The regulations on food additives only apply to confectionery products.
The regulations on food additives only apply to confectionery products.
A food additive is considered safe if it remains below the fixed limits established by the Department.
A food additive is considered safe if it remains below the fixed limits established by the Department.
The Department is responsible for monitoring the market presence of certain drugs and publishing an updated list of them.
The Department is responsible for monitoring the market presence of certain drugs and publishing an updated list of them.
Any person can manufacture or sell drugs without securing a license from the Department.
Any person can manufacture or sell drugs without securing a license from the Department.
Drugs intended solely for investigational use are exempt from the operations of the applicable Article.
Drugs intended solely for investigational use are exempt from the operations of the applicable Article.
Batches of drugs containing antibiotics do not require any certification from qualified experts.
Batches of drugs containing antibiotics do not require any certification from qualified experts.
The Department can issue a release for any drug batch that may pose a risk to safety before new certification regulations are effective.
The Department can issue a release for any drug batch that may pose a risk to safety before new certification regulations are effective.
The issuance of a license by the Department ensures the manufacturer's compliance with technical requirements.
The issuance of a license by the Department ensures the manufacturer's compliance with technical requirements.
The Department does not have the right to regulate the sale of devices that contain antibiotics.
The Department does not have the right to regulate the sale of devices that contain antibiotics.
Prior to certification regulations, the Department can require the registration of drug manufacturers, importers, or distributors.
Prior to certification regulations, the Department can require the registration of drug manufacturers, importers, or distributors.
Flashcards
Strong Sensitizer
Strong Sensitizer
Any substance that triggers an allergic reaction or hypersensitivity after repeated exposure. This reaction is characterized by an increased sensitivity to the substance.
Substandard Product
Substandard Product
A product failing to meet established safety standards posing a significant risk of injury to the public.
Supplier
Supplier
A person or entity, excluding the consumer, who participates in the promotion, sale, or distribution of a consumer product
DTI's Power to Order Product Rectification
DTI's Power to Order Product Rectification
The Department of Trade and Industry (DTI) can order manufacturers, distributors, or sellers to take action if their products are found to be substandard or materially defective. This ensures consumers are protected from harmful or faulty products.
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Public Notification of Product Defects
Public Notification of Product Defects
When a product is deemed unsafe, the manufacturer, distributor, or seller must inform the public of the defect and the steps they are taking to address it.
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Notification to Distributors and Retailers
Notification to Distributors and Retailers
If a product is deemed unsafe, the manufacturer, distributor, or seller must inform each distributor or retailer of the defect and the rectification plan.
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Imported Products and Safety Standards
Imported Products and Safety Standards
Imported consumer products are subject to inspection upon entry to the Philippines. The DTI might refuse admission if the product fails to meet quality and safety standards.
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Factors Affecting Admission of Imported Products
Factors Affecting Admission of Imported Products
Various factors determine if imported products will be admitted. These include whether the product meets safety standards, is considered dangerous, or is substandard. The DTI has the power to decide.
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Manufacture (as defined in the text)
Manufacture (as defined in the text)
Any operations involved in creating a consumer product, from preparing raw materials to packaging the final item for sale.
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Manufacturer (as defined in the text)
Manufacturer (as defined in the text)
The individual or entity responsible for creating a consumer product, including all stages from initial production to packaging.
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Child safety label statement
Child safety label statement
The phrase 'keep out of the reach of children' or a similar warning, required on labels of products intended for children, except those classified as banned hazardous substances.
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Precautionary measures
Precautionary measures
Mandatory instructions or warnings on product labels, usually concerning handling, storage, or potential hazards.
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Necessary instructions
Necessary instructions
Information provided on product labels, explaining how to use the product correctly to avoid harm or misuse.
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Language requirements for product labels
Language requirements for product labels
All labels must include required statements in either English or its equivalent in Filipino.
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Placement of required label statements
Placement of required label statements
Statements needed on product labels must be prominently displayed so they are easily visible and distinct from other information on the label.
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Brand name association with product responsibility
Brand name association with product responsibility
A person who attaches their own brand name to products manufactured, assembled, or processed by another party, making them legally responsible for the product.
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Food Additive
Food Additive
A substance added to food to improve its flavor, color, texture, or preservation.
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When is a food additive allowed?
When is a food additive allowed?
A food additive is allowed if it's scientifically proven safe, doesn't deceive consumers, and doesn't make the food harmful.
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Unsafe Food Additive
Unsafe Food Additive
A food additive is considered unsafe unless it meets the requirements of an exemption for investigational use or meets other safety standards.
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Investigational Use Exemption
Investigational Use Exemption
An exemption that allows the use of a food additive for research purposes only.
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Technical Committees for Consumer Product Standards
Technical Committees for Consumer Product Standards
A special group created by a government department to set standards for consumer product quality and safety.
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Immediate Product Recall or Seizure
Immediate Product Recall or Seizure
When a government needs to quickly stop the sale of a dangerous product, they can immediately ban or seize it from stores.
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Seller's Right to a Hearing
Seller's Right to a Hearing
If a product is banned from sale, the seller, manufacturer, or producer has the right to a hearing within 48 hours to explain their side.
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Ban on Dangerous Products
Ban on Dangerous Products
The ban on a dangerous product stays in place until it's proven safe, or measures to make it safe are put in place.
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Action Required for Substandard Products
Action Required for Substandard Products
If a product is found to be below standard or has serious problems, the department must take action.
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Petitioning for Product Classification Changes
Petitioning for Product Classification Changes
Anyone concerned about a product's safety can petition the department to change or remove its dangerous classification.
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Declaration of Product Safety
Declaration of Product Safety
The process where a department officially declares a consumer product to be unsafe for public use.
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International Standards Consideration
International Standards Consideration
The department reviewing a product's safety must consider international standards recognized by the Philippine government.
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Investigational Drug
Investigational Drug
A drug designed specifically for research purposes to test its safety and effectiveness.
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Drug or Device License
Drug or Device License
Official permission granted to manufacture, sell, distribute, or transfer a drug or device after meeting specific requirements.
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Consolidated List of Unsafe Drugs
Consolidated List of Unsafe Drugs
A list published by the Department containing drugs deemed unsafe, ineffective, or of poor quality.
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Drug Certification
Drug Certification
Official confirmation that a batch of drugs meets established safety, quality, and effectiveness standards.
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Drug Containing Antibiotics
Drug Containing Antibiotics
A drug containing antibiotics that must undergo a specific certification process for quality assurance.
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Drug Release
Drug Release
A drug deemed safe and effective for release without undergoing formal certification, based on the department's judgment.
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Testing by New Methods
Testing by New Methods
The process of a drug being tested using new or unconventional methods to assess its safety and effectiveness.
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Substandard Drug or Device
Substandard Drug or Device
Any drug or device that fails to meet established safety and quality standards.
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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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