Key Legal Considerations in Regards to Consumer Protection
Most consumer protection laws related to product safety are aimed at preventing injuries. If a consumer is harmed by a defective product, the common law doctrine of product liability allows the consumer to bring an action for damages. Most states recognize at least three types of defects that could support a claim: a design defect, if a product is inherently dangerous, a manufacturing defect, if the defect occurs during the production process, or a marketing error, if a product is advertised or advertised for improper use that causes a violation. As entrepreneurs and consumers, we must be vigilant when it comes to dietary supplements. This product category is particularly susceptible to consumer deception and false marketing. Privacy; restricts the disclosure of consumers` personal data by videotape service providers. 18 U.S.C. § 2710(b). These are some of the scenarios that customers go through on a daily basis. Consumer protection legislation is designed to protect us from such problems. That`s why it`s important to familiarize yourself with more common consumer protection laws.
If a company determines that a product it has manufactured, distributed or sold is unsafe, it may conduct a voluntary recall in accordance with regulations published by the CPSC. A voluntary corrective action plan includes specific details of the Corporation`s plan to repair or replace the defective item, including the product in question, a description of the risk, details of the Company`s plan, informing the public and affected persons (e.g. , letter, press release or advertisement) and an explanation of the reasonable steps the Corporation will take to prevent a recurrence. See 16 CFR § 1115.20. If a mandatory product recall is required, the CPSC will issue a judicial commission order «after the parties and interested persons have had an opportunity to be heard» or «may appeal to a U.S. District Court … for an injunction to restrict the distribution of a product in commerce,» she said was dangerous. 16 CFR § 1115.21(a)–(b). Similarly, consumer products that are subject to FDA oversight may be recalled through voluntary or mandatory processes. See 21 CFR §§ 7.40, ff.
and id. §§ 810.10 ff. This helps protect consumers at these delicate stages of their lives. As the national consumer protection agency, the FTC receives complaints about companies that don`t keep their promises or scam people with money. We share these complaints with our law enforcement partners and use them to investigate fraud and eliminate unfair business practices. Each year, the FTC also publishes a report that provides information on the number and type of complaints we receive. 36. Taking into account the need to reach rural and illiterate consumers, Governments should, where appropriate, develop or encourage the development of consumer information programmes in the media. Bilateral agreements: The FTC has at least 22 bilateral cooperation agreements with foreign consumer protection agencies, including Australia, Ireland, Mexico, Spain and several Canadian provinces. See FTC, «International Cooperation Agreements», (hyperlink) The goods and services covered depend on the source of protection. For example, the UCC applies to goods. See UCC § 2-102.
The FDA publishes current Good Manufacturing Practices (CGMP) regulations for drug quality. See 21 CFR Parts 210 and 211. The USDA sets quality standards for various agricultural products, including meat, eggs, fruits, and vegetables. See, e.g., 21 U.S.C. § 606 (regarding inspection of meat products). To file a complaint against a seller or manufacturer, you can contact the Federal Trade Commission, the Consumer Product Safety Commission, or call your local attorney and inquire about the Consumer Fraud Division. If you`ve been scammed by a phone lawyer or have fallen into a TV advertising trap, the Federal Communications Commission is the perfect place to get help. A product`s country of origin implies an expected standard and perceived value, which can affect a consumer`s buying habits. For this reason, misleading indications of source are misleading and violate consumer protection laws.
37. Governments should organize or promote training programmes for educators, media professionals and consumer advisers to enable them to participate in the implementation of consumer information and education programmes. At the federal level, PSAC exists: «(1) to protect the public from unreasonable risks of harm associated with consumer products; (2) assist consumers in assessing the comparative safety of consumer products; (3) develop consistent safety standards for consumer products and minimize conflicting national and local regulations; and (4) promote research and research into the causes and prevention of product-related death, illness and injury. 15 U.S.C. § 2051(b). The Motor Vehicle Safety Act «prescribes standards for motor vehicle safety.» 49 U.S.C. § 30101(1). The FD&C Act aims to ensure the safety of food, pharmaceuticals, medical devices and cosmetics. See 21 U.S.C. §§ 301 et seq.
There are also many federal laws that deal with the safety of various agricultural products. See, for example, 21 U.S.C. §§ 451 et seq. (as regards poultry inspection and safety); 21 U.S.C. §§ 601 et seq. (relating to meat inspection and safety). In addition, there are various state laws to ensure the safety of consumer goods and services. See for example 16 Tex. Admin. Code §§ 82.1 et seq. (concerning the regulation of hairdressing salons) and id.
§§ 83.1 et seq. (concerning cosmetic regulations). State and federal laws also impact safety through labeling and disclosure requirements. For example, California`s Proposition 65 provides that «no person shall, in the course of his or her business, knowingly and intentionally expose a person known to cause cancer or reproductive toxicity without first giving clear and appropriate warning.» Cal. Health & Saf. Code § 25249.6. Many states also recognize relevant common law claims, including, for example, product liability and negligence. 35. Businesses should, where appropriate, implement or participate in evidence-based and relevant consumer education and information programmes.
No specific definition of «consumer»; However, the purpose of the Act is to enhance the safety of consumer products, defined as «any article or component thereof manufactured or distributed, (i) intended for sale to a consumer for use in or near a household or permanent or temporary residence, school, recreation or otherwise, (ii) for personal use, the consumption or enjoyment of a consumer in or around a household or permanent or temporary residence, school, place of leisure or otherwise». 15 U.S.C. § 2052(a)(5). 15. The Government should, where appropriate, develop, strengthen or maintain measures to control RBPs and other abusive business practices that may harm consumers, including the means to enforce such measures. On this condition, Governments should be guided by their commitment to the multilaterally agreed equitable principles and rules for the control of restrictive business practices, adopted by the General Assembly in its resolution 35/63 of 5 December 1980. Consumer protection laws protect individual consumers from exploitation, whether by a large corporation or a local business. Consumer transactions such as buying, selling, and returning goods are regulated at both the state and federal levels. Many consumer protection laws also affect credit, banking and related financial matters. Financial; standardizes the disclosure required for certain consumer credit transactions, such as mortgages.
15 U.S.C. § 1604. 8.2 Can consumers or retailers/manufacturers appeal against decisions of the consumer protection authority(ies) or a court? The term consumer «refers to an individual». 15 U.S.C. § 1681a(c). Do you feel that your consumer rights have been violated? Contact us to learn more about what to do next. 7.8 Describe any international or regional cooperation mechanisms (e.g. letters of intent) in which your jurisdiction participates in consumer protection enforcement. Section 13(b) of the FTC Act, 15 U.S.C. § 53 (b), authorizes the Commission to seek permanent injunctions in federal court to correct «any provision of the law administered by the Federal Trade Commission.» Whenever the Commission has «reason to believe» that a party is «violating or is about to violate a provision of the law enforced by the Commission,» it may apply to the District Court for an order for the alleged unlawful conduct pending the conclusion of an administrative proceeding by the FTC to determine the illegality of the conduct.