Additional Provisions on Warranties. 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. Prescription. f) to accredit independent, competent non-government bodies, to assist in (1) monitoring the market for the presence of hazardous or non-certified products and other forms of violations of Article 18; and (2) other appropriate means to expand the monitoring and enforcement outreach of the department in relation to its manpower, testing and certification resources at a given time. Article 109. Implementing Agencies. ba) "Person" means any individual, partnership, corporation or association, trust, government or governmental subdivision or any other legal entity. – An unfair or unconscionable sales act or practice by a seller or supplier in connection with a consumer transaction violates this Chapter whether it occurs before, during or after the consumer transaction. Article 52. He shall establish, with the concurrence of the Council, the policies, procedures and standards to govern the implementation and interpretation of the functions and duties of the Council. Exemption from Penalties. – PROTECTION AGAINST DECEPTIVE, UNFAIR ANDUNCONSCIONABLE SALES ACTS OR PRACTICES, CHAPTER I Article 25. – A home solicitation sale shall not represent that: a) the buyer has been specially selected;cralaw, b) a survey, test or research is being conducted; or, c) the seller is making a special offer to a few persons only for a limited period of time.chanroblesvirtuallawlibrary. Article 44. Article 129. Exempted Transaction. Article 7. f) The Consumer arbitration officer may summon witnesses, administer oaths and affirmations, issue subpoena and subpoena duces tecum, rule upon offers of proof and receive relevant evidence, take or cause deposition to be taken whenever the ends of justice would be served thereby, regulate the course of the hearing, rule on any procedural request or similar matter and decide the complaint.chanroblesvirtuallawlibrary. Publication of Consumer Product Standards. The implementing agency shall prescribe regulations consistent with commonly accepted accounting standards to carry out the requirements of this Article. 2) such certificate of release is in effect with respect to such drug: Provided, That this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under Authority of this Act. – In case of an open-end credit plan, the rate of interest and other material features of the plan shall be disclosed in the advertisement. Receipts for Home Solicitation Sales. bp) "Services" means services that are the subject of a consumer transaction, either together with, or separate from any kind of personal property, whether tangible or intangible. e) In the event that a settlement has not been effected, the Mediation officer may now proceed to formally investigate, hear and decide the case. 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. A copy of the complaint shall be attached to the notice. Implementing Agency. Instruments officially sealed at some previous time which have remained unaltered and accurate and the seal or tag officially affixed thereto remains intact and in the same position and condition in which it was placed by the official sealer or his duly authorized representative shall, if presented for sealing, be sealed promptly on demand by the official sealer or his authorized representative without penalty except a surcharge fixed by law or regulation. Article 4. – Service firms shall guarantee workmanship and replacement of spare parts for a period not less than ninety (90) days which shall be indicated in the pertinent invoices. Article 147. 1223, the Department is hereby authorized to impose, after notice and hearing, administrative fines of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) for any violation of this Act. The Commissioner of Customs shall cause the destruction of any hazardous substance refused admission unless such is exported, under regulations issued by the Commissioner within ninety (90) days from the date of notice of such refusal or within such additional time as may be fixed by him. In determining whether any advertisement is false, deceptive or misleading, there shall be taken into account, among other things, not only representations made or any combination thereof, but also the extent to which the advertisement fails to reveal material facts in the light of such representations, or materials with respect to consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. Sec. – The tradesman/seller is likewise liable, pursuant to the preceding article when; a) it is not possible to identify the manufacturer, builder, producer or importer. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in the drug being mislabeled while held for sale.chanroblesvirtuallawlibrary. b) the acceptance of a voluntary assurance of compliance or discontinuance from the respondent which may include any or all of the following terms and conditions: 1) an assurance to comply with the provisions of this Act and its implementing rules and regulations;cralaw, 2) an assurance to refrain from engaging in unlawful acts and practices or unfair or unethical trade practices subject of the formal investigation;cralaw, 3) an assurance to comply with the terms and conditions specified in the consumer transaction subject of the complaint;cralaw, 4) an assurance to recall, replace, repair, or refund the money value of defective products distributed in commerce;cralaw, 5) an assurance to reimburse the complaint out of any money or property in connection with the complaint, including expenses in making or pursuing the complaint, if any, and to file a bond to guarantee compliance therewith.chanroblesvirtuallawlibrary, c) restitution or rescission of the contract without damages;cralaw, d) condemnation and seizure of the consumer product found to be hazardous to health and safety unless the respondent files a bond to answer for any damage or injury that may arise from the continued use of the product;cralaw, e) the imposition of administrative fines in such amount as deemed reasonable by the Secretary, which shall in no case be less that Five hundred pesos (P500.00) nor more than Three hundred thousand pesos (P300,000.00) depending on the gravity of the offense, and an additional fine of not more than One thousand pesos (P1,000.00) or each day of continuing violation.chanroblesvirtuallawlibrary. Article 134. b) the special packaging to be required by such standard is technically feasible, practicable and appropriate for such product. b) Where a seller supplies consumer services in the course of a business and the consumer, expressly or by implication, makes known to the seller the particular purpose for which the services are required, there is an implied warranty that the services supplied under the contract and any material supplied in connection therewith will be reasonably fit for that purpose or are of such a nature or quality that they might reasonably be expected to achieve that result, unless the circumstances show that the consumer does not rely or that it is unreasonable for him to rely, on the seller's skill or judgment.chanroblesvirtuallawlibrary. Article 155. Article 16. Article 130. Implementing Agency. FALSE, DECEPTIVE AND MISLEADING ADVERTISEMENT. Additional Labeling Requirements for Cosmetics. Article 29. Short Title - This act shall be known as the ÁConsumer Act of the Philippines ARTICLE 2. AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND NON -COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND FOR OTHER PURPOSES. – This Act shall take effect thirty (30) days from the date of its publication in the Official Gazette. A product is defective when it does not offer the safety rightfully expected of it, taking relevant circumstances into consideration, including but not limited to: b) use and hazards reasonably expected of it;cralaw, c) the time it was put into circulation.chanroblesvirtuallawlibrary. The report shall contain, among others, the date of purchase, model of the product bought, its serial number, name and address of the buyer. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness" and labeling of which bears adequate directions for such preliminary testing. TITLE III. This 23rd day of August 2012 in the Philippines. Packaging of Products Under Promotion. Regulation of Unprocessed Food. c) if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health. Arbitration Officers; Jurisdiction. d) "Advertiser" means the client of the advertising agency or the sponsor of the advertisement on whose account the advertising is prepared, conceptualized, presented or disseminated. –. Appeal from Orders. – The members of the Council shall be entitled to an allowance of Five hundred pesos (P500.00) per meeting actually attended but not more than Two thousand pesos (P2,000.00) a month. The old Act namely Consumer Protection Act, 1986 will be replaced by new Act namely Consumer Protection Act,2019. In case of juridical persons, the penalty shall be imposed upon its president, manager or head. Article 98. Article 103. ap) "Irritant" means any substance not corrosive within the meaning of paragraph (t) of this Article which, on immediate, prolonged or repeated contact with normal living tissue will induce a local inflammatory reaction. Sanctions. al) "Highly Toxic" means any substance which has any of the following effects: (1) produces death within fourteen days to one-half or more than one-half of a group of ten or more laboratory white rats each weighing between Two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or (2) produces death within fourteen days to one-half or more of a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner, or (3) produces death within fourteen days to one-half or more of a group of ten or more rabbits, when tested in a dosage of two hundred milligrams or less per kilogram of body weight, or when administered through continuous contact with the bare skin for twenty-four hours or less. bo) "Service" shall mean, with respect to repair and service firms, services supplied in connection with a contact for construction, maintenance, repair, processing, treatment or cleaning of goods or of fixtures on land, or distribution of goods, or transportation of goods. – The provisions of the Civil Code on conditions and warranties shall govern all contracts of sale with conditions and warranties. Unfair or Unconscionable Sales Act or Practice. Such statement shall be located in conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout or color with other printed matter on the package. ar) "Manufacture" means and any and all operations involved in the production, including preparation, propagation, processing, formulating, filing, packing, repacking, altering, ornamenting, finishing or otherwise changing the container, wrapper or labeling of a consumer product in the furtherance of the distribution of the same from the original place of manufacture to the person who makes the final delivery or sale to the ultimate consumer. The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to: a) the manner in which it is provided;cralaw, b) the result of hazards which may reasonably be expected of it;cralaw, c) the time when it was provided.chanroblesvirtuallawlibrary. ARTICLE 2. Any advertisement of cigarette shall contain the name warning as indicated in the label. Article 61. PROMOTION OF SALES OF CONSUMER PRODUCTS AND SERVICES. Certification of Accreditation. Article 57. Article 121. Article 128. – The Departments shall establish procedures for meaningful participation by consumers or consumer organizations in the development and review of department rules, policies and programs. In establishing a standard under this Article, the concerned department shall consider: 1) the reasonableness of such standard;cralaw, 2) available scientific, medical and engineering data concerning special packaging and concerning accidental, ingestions, illnesses and injuries caused by consumer product;cralaw, 3) the manufacturing practices of industries affected by this Article; and. Declaration of Basic Policy. Home Solicitation Sales; When Conducted. 7394 Purpose: This law is designed to prevent business that engage in fraud or specified unfair practices from gaining an advantage over competitors and provide additional protection for the weak and those unable to take care of themselves. Any change in the termination dates shall be published in a newspaper of general circulation before the expiration of the original schedule or the termination date, whichever comes first. e) Duration of warranty. Natalia Dalaten, officer-in-charge provincial director of DTI Pangasinan, reminded the public to exercise their eight basic consumer rights to … Metro Manila. ad) "Drugs" mean (1) articles recognized in the current official United States Pharmacopoeia-National Formulary, official Homeopathic Pharmacopoeia of the United States, official National Drug Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or animals; and (4) articles intended for use as a component of any articles specified in clauses (1), (2), or (3) but do not include devices or their components, parts or accessories. g) to accredit independent competent testing laboratories. – Any creditor extending a consumer loan or in a transaction which is neither a consumer credit sale nor under an open-end consumer credit plan shall disclose, to the extent applicable, the following information: a) the amount of credit of which the debtor will have the actual use, or which is or will be paid to him or for his account or to another person on his behalf;cralaw, b) all charges, individually itemized, which are included in the amount of credit extended but which are not part of the finance charge;cralaw, c) the total amount to be financed or the sum of the amounts referred to in paragraphs (a) and (b);cralaw, d) the finance charge expressed in terms or pesos and centavos;cralaw, f) the percentage that the finance charge bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation;cralaw, g) the default, delinquency or similar charges payable in the event of late payments;cralaw, h) a description of any security interest held or to be held or to be retained or acquired by the creditor in connection with the extension of credit and a clear identification of the property to which the security interest relates.chanroblesvirtuallawlibrary. 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