Consumer Protection Act

• What is the primary purpose of the Consumer Protection Act of the Philippines?

  To ensure consumer product quality and safety
• What are the main policies of the State under the Consumer Protection Act?

  • Develop safety and quality standards for consumer products
  • Assist consumers in evaluating product quality
  • Protect the public from unreasonable risks
  • Conduct research on product quality improvement
  • Ensure consistency of standardized products
• Which agency is responsible for food, drugs, and cosmetics under the Consumer Protection Act?

  The Department of Health (DOH)
• Which agency oversees agricultural products under the Consumer Protection Act?

  The Department of Agriculture (DA)
• What is the role of the Department of Trade and Industry (DTI) under the Consumer Protection Act?

  To oversee consumer products not specified by other departments
• What are the components of consumer product quality and safety standards?

  • Performance, composition, and design requirements
  • Specifications for kind, class, grade, and dimensions
  • Methods for sampling and testing quality
  • Precautions for storage and packaging
  • Clear safety warnings and instructions
• How often must consumer product standards be published in newspapers?

  At least once a week for one month
• What is the maximum time frame for a consumer product standard to take effect?

  Not exceeding ninety days from promulgation
• What does "stockpiling" refer to in the context of the Consumer Protection Act?

  Manufacturing or importing products at an excessive rate before the effective date of safety rules
• What actions can be taken if a consumer product is found to be injurious, unsafe, or dangerous?

  • Recall the product
  • Prohibit its sale or distribution
  • Seize the product from public sale
  • Immediate recall if deemed imminently dangerous
• What must a department do if a consumer product is found to be substandard or defective?

  Notify the manufacturer, distributor, or seller
• What remedies must be offered to consumers for defective products?

  • Bring the product into conformity with standards
  • Replace the product with a compliant one
  • Refund the purchase price
  • Pay reasonable damages to the consumer
• What is required for amendments or revocations of consumer product safety rules?

  They must specify an effective date not exceeding ninety days
• What must the concerned department do regarding new consumer products?

  Make a list and publish it with descriptions
• What is the purpose of the Philippine Standard Certification Mark?

  To certify that a product complies with quality and safety standards
• What are the conditions under which imported consumer products can be refused admission into the Philippines?

  • Fails to comply with safety standards
  • Determined to be injurious, unsafe, or dangerous
  • Is substandard or has material defects
• What must happen to imported consumer products that are not admitted?

  They must be exported or destroyed
• What are the prohibited acts under the Consumer Product Quality and Safety Act?

  • Manufacturing non-compliant products
  • Refusing access to authorized inspections
  • Failing to comply with recall orders
  • Stockpiling products against regulations
• What is the State's policy regarding deceptive sales acts or practices?

  To promote fair and honest relations in consumer transactions
• Which agency enforces the provisions against deceptive sales acts?

  The Department of Trade and Industry (DTI)
• What constitutes a deceptive act or practice in consumer transactions?

  • Concealment or false representation
  • Inducing consumers to enter into transactions based on misinformation
• What are examples of deceptive acts or practices by sellers or suppliers?

  • Misrepresenting product characteristics or benefits
  • Claiming a product is new when it is used
  • Indicating a false price advantage
  • Falsely stating warranty terms
• What defines an unfair or unconscionable sales act or practice?

  • Violates fair trade principles
  • Occurs before, during, or after a consumer transaction
• What is a reason a consumer product or service may be misrepresented?

  A consumer product or service is available for a reason different from the fact.
• What does it mean if a consumer product or service has been supplied in accordance with a previous representation?

  It means the product or service is not as represented.
• Can a consumer product or service be supplied in a quantity greater than intended?

  Yes, a consumer product or service can be supplied in a quantity greater than the supplier intends.
• When might a service or repair of a consumer product be needed?

  A service or repair might be needed when in fact it is not necessary.
• What does it imply if a specific price advantage of a consumer product exists when it does not?

  It implies a deceptive sales practice.
• What can be false in a sales act or practice?

  The indication of a warranty, disclaimer of warranties, or other rights can be false.
• What does it mean if a seller or supplier claims a sponsorship or approval they do not have?

  It constitutes a deceptive sales practice.
• What constitutes an unfair or unconscionable sales act or practice?

  • Taking advantage of consumer's physical or mental infirmity
  • Inducing consumers into grossly one-sided transactions
  • Occurs before, during, or after the consumer transaction
• What factors should be considered to determine if an act is unfair or unconscionable?

  Factors include the consumer's inability to protect their interests and the price exceeding similar products.
• What is prohibited in chain distribution plans or pyramid sales schemes?

  They shall not be employed in the sale of consumer products.
• What is required before conducting home solicitation sales?

  A permit from the Department of Trade and Industry (DTI) is required.
• When can home solicitation sales be conducted?

  They may be conducted only between 9 AM and 7 PM on working days.
• Who can conduct home solicitation sales?

  Only a person with proper identification and authority can conduct them.
• What must be done with sales generated from home solicitation sales?

  They must be properly receipted as per existing laws.
• What representations are prohibited in home solicitation sales?

  Representations that the buyer has been specially selected or that a special offer exists are prohibited.
• What is required for referral selling plans in consumer products?

  A written undertaking granting compensation to the buyer for referrals is required.
• What is the role of the Department of Trade and Industry regarding consumer product and service warranties?

  • Strictly enforce provisions and regulations
  • Govern contracts of sale with conditions and warranties
  • Ensure compliance with warranty terms