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yr=d.getFullYear(); No. – The preceding article on safety not apply to any consumer product if: a) it can be shown that such product is manufactured, sold or held for sale for export from the Philippines, or that such product was imported for export, unless such consumer product is in fact distributed in commerce for use in the Philippines; and, b) such consumer product or the packaging thereof bears a stamp or label stating that such consumer product is intended for export and actually exported.chanroblesvirtuallawlibrary. a) Any person who shall violate the provisions of paragraphs (a) to (f) and paragraph (l) of Article 64 or its implementing rules and regulations shall, upon conviction, be subject to a fine of not less than Two hundred pesos (P200.00) but not more than One thousand pesos (P1,000.00) or by imprisonment of not more than one (1) year or both upon the discretion of the court. 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. – A cosmetic shall be deemed mislabeled: b) if in package form unless it bears a label conforming to the requirements of labeling provided for in this Act or under existing regulations: Provided, That reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the concerned department;cralaw, c) if any word, statement or other information required by or under authority of this Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;cralaw, d) if its container is so made, formed or filled as to be misleading; or, e) if its label does not state the common or usual name of its ingredients.chanroblesvirtuallawlibrary. – All covenants, stipulations or agreements contrary to the provisions of this Article shall be without legal effect.chanroblesvirtuallawlibrary. Tolerance for Poisonous Ingredients in Food. To protect the consumer from lack of awareness of the true cost of credit to the user, the State shall assure the full disclosure of the true cost of credit. b) In case the offender is a naturalized citizen, he shall, in addition to the penalty prescribed herein, suffer the penalty of cancellation of his naturalization certificate and its registration in the civil register and immediate deportation after service of sentence and payment of fine. Congress of the Philippines Penalties. ae) "Expiry or expiration date" means the date stated on the label of food, drug, cosmetic, device or hazardous substance after which they are not expected to retain their claimed safety, efficacy and quality or potency and after which it is no longer permissible to sell them. Minimum Labeling Requirements for Consumer Products. 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. Print; Email; Protects the interest of the consumer, promote his general welfare and to establish standards of conduct for business and industry. Visit the course modules page for information on how to unlock this content. 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. –. If the immediate seller is the manufacturer's factory or showroom, the warranty shall immediately be honored. be) "Principal display panel" means that part of the label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail or sale. Declaration of Policy. Referral Sales. Article 166. Declaration of Policy. Metro Manila. – It shall be unlawful for any person to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by Philippine mail or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer products or services. ah) "Food additive" means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified as having been adequately shown through scientific procedures to be safe under the conditions of the intended use. h) "Batch" means a quantity of any drug or device produced during a given cycle of manufacture. Imported Products (a) Any consumer product offered for importation into the customs of the Philippine territory shall be refused admission if such product: (1) fails to comply with an applicable consumer product quality and safety standard or rule; (2) is or has been determined to be injurious, unsafe and dangerous; (3) is substandard; or (4) has material defect. In case of imported products, the manufacturer's representatives or, in his absence, the importer, shall be deemed the manufacturer. – The person to whom credit is extended may prepay in full or in part, at any time without penalty, the unpaid balance of any consumer credit transaction. a) No claim in the advertisement may be made which is not contained in the label or approved by the concerned department. r) "Consumer product safety rule" means a consumer product safety standard described in Article 78 or a rule under this Chapter declaring a consumer product banned hazardous product. Article 88. 46; (vi) instructions, when necessary or appropriate, for first aid treatment; (vii) the word "poison" for any hazardous substance which is defined as highly toxic; (viii) instructions for handling and storage of packages which require special care in handling or storage; and (ix) the statement "keep out of the reach of children", or its practical equivalent, if the article is intended for use by children and is not a banned hazardous substance, with adequate directions for the protection of children from the hazard involved. Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering. Article 138. WHEREAS, Republic Act No.7394, otherwise known as the Consumer Act of the Philippines, declares that 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 … False, Deceptive or Misleading Advertisement. Exemptions. Article 127. Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in Congress assembled: PART I SHORT TITLE AND DECLARATION OF POLICY. b) The Department shall publish a Drug Reference Manual and Drug Bulletin to serve as reference by manufacturers, distributors, physicians, consumers and such other groups as may be deemed necessary. Additional Provisions on Warranties. a) In every contract for the supply of services to a consumer made by a seller in the course of a business, there is an implied warranty that the service will be rendered with due care and skill and that any material supplied in connection with such services will be reasonably fit for the purpose for which it is supplied. The thirty-day period, however, may be extended by conditions which are beyond the control of the warrantor or his representative. Article 140. Credit Sale, Required Disclosures. ao) "Imminently hazardous product" means a consumer product which presents an unreasonable risk of death, serious illness or severe personal injury. This exemption shall not apply however, to the manufacturer, packer, distributor or seller of the consumer product or service and the advertising agency responsible for the false and misleading advertising. – With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to a delinquency charge on any installment not pain in full on or before the tenth day after its scheduled or deferred due date. The term "drug" when used in this Act shall include herbal and/or traditional drug. If it appears to the Department that the hazardous substance can by relabeling or other action made to comply with the requirements of this Article final determination as to the admission of such hazardous substance may be deferred and upon filing of a timely written application by the owner or consignee and the execution by him of a bond as provided in the provision of this paragraph. – All actions or claims accruing under the provisions of this Act and the rules and regulations issued pursuant thereto shall prescribe within two (2) years from the time the consumer transaction was consummated or the deceptive or unfair and unconscionable act or practice was committed and in case of hidden defects, from discovery thereof. Before designating any substance as a strong sensitizer, the implementing agency, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant capacity to cause hypersensitivity. Article 103. – The winners in any sales promotion shall be determined at a definite time and place and shall be verified by a representative of the concerned department and the sponsor. LIABILITY FOR PRODUCT AND SERVICE. The law embodies the state policy on the protection of consumers and establishes standards of conduct for business and industry in the country. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I. : All Rights Reserved ReDiaz www.chanrobles.com. d) No person shall, in the advertisement of any food, drug, cosmetic, device, or hazardous substance, make use of any reference to any laboratory report of analysis required to be furnished to the concerned department, unless such laboratory report is duly approved by such department. Exemption from Penalties. a) Any mislabeled hazardous substance when introduced into commerce or while held for sale shall be liable to be proceeded against and condemned upon order of the concerned department in accordance with existing procedure for seizure and condemnation of articles in commerce: Provided, That this Article shall not apply to a hazardous substance intended for export to any foreign country if: 1) it is in a package labeled in accordance with the specifications of the foreign purchaser;cralaw, 2) it is labeled in accordance with the laws of the foreign country;cralaw, 3) it is labeled on the outside of the shipping package to show that it is intended for export; and, 4) it is so exported,chanroblesvirtuallawlibrary. , 1992 which emits ionizing radiation intended to increase the sales, patronage and/or goodwill of a product. In whole or in part of the Philippines implementing rules and regulations on sale transactions participation is.! 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