Friday, September 3, 2010

Case 6

The Consumer Act of the Philippines
-It means protection to the people,it seems that they recognizing the rights of many people.It is the policy of the State to protect the interests of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Towards this end, the State shall implement measures to achieve the following objectives, a)protection against hazards to health and safety; b)protection against deceptive, unfair and unconscionable sales acts and practices; c)provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer; d)provision of adequate rights and means of redress; and e)involvement of consumer representatives in the formulation of social and economic policies.Procedures for the issuance, amendment or repeal of regulations pursuant to clause (2) or paragraph (g) of this Article shall be governed by the rules and regulations promulgated by the Department of Health; Provided, That if the Department of Health finds that the distribution for household use of the hazardous substance involved presents an imminent hazards to the public health, it may publish in a newspaper of general circulation a notice of such finding and such substance shall be deemed to be a "banned hazardous substance" pending the issuance of regulation formally banning such substance.

-The consumer act of the Philippines had diiferent definition of terms there are:Advertisement, Advertising, Advertising agency or Agent, Advertiser, Agricultural purpose, Amount financed, Banned hazardous substance, Batch, Business name, firm name, or style, Cash price or delivered price, Chain distribution plans" or "pyramid sales schemes, Closing out sale, Commerce, Consumer, Consumer credit, Consumer loan,Consumer products and services,Consumer product safety rule, Consumer transaction, Corrosive, Cosmetics, Counterfeit product, Credit card, Credit Sale, Credit transaction, Creditor and there are many more of consumer act of the philippines definition of terms. 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. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

-The Department may, at any time upon his own initiative, issue a regulation prescribing, with respect to any particular food additive, the conditions under which such additive may be safely used and the reasons thereof, and cause the publication of the same.The Department shall promulgate regulations for exempting from the operation of this Article drugs and devices intended solely for investigational used by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs and devices.If the Department finds that for good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this Chapter is impracticable or is not necessary for the adequate protection of public health and safety, it shall promulgate regulations exempting such substances from these requirements to the extent he deems consistent with the objective of adequately safeguarding public health and safety, and any hazardous substance which does not bear a label in accordance with such regulations shall be deemed to be a mislabeled hazardous substance.

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