ON LABELING AND FAIR PACKAGING OF CONSUMER PRODUCTS

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Published — January 23, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Aside from labeling and packaging of products, read also: ON CONSUMER PRODUCTS AND SERVICES WARRANTIES

• Labeling and fair packaging of products is compulsory

• The labeling and fair packaging is to enable the consumer to obtain accurate information as to the nature, quality and quantity of the contents of consumer products

• There are minimum labeling requirements for consumer products

Make it simple. Make it memorable. Make it inviting to look at. Make it fun to read. – Leo Burnett

In selling products or services, labels play an important role. Labeling and fair packaging enables the consumer to obtain accurate information as to the nature, quality, and quantity of the contents of consumer products. In our previous article, we have mentioned that consumer products and services mean goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which includes food, drugs, cosmetics and devices.

Is labeling and fair packaging compulsory?

The law says:

Yes.

In fact, it is considered unlawful for any person engaged in the labeling or packaging or any consumer product, to display or distribute or to cause to be displayed or distributed in commerce any consumer product whose package or label does not conform to the provisions of law.

Under Consumer Act of the Philippines, all consumer products domestically sold whether manufactured locally or imported shall indicate the following in their respective labels or packaging:

1. its correct and registered trade name or brand name;
2. its duly registered trade mark
3. its duly registered trade name;
4. the address of the manufacturer, importer, repacker of the consumer product in the Philippines;
5. its general make or active ingredients;
6. the net quality of contents, in terms of weight, measure of numerical count rounded of to at least the nearest tenths in the metric system;
7. country of manufacture, if imported; and
8. if a consumer product is manufactured, refilled or repacked under license from a principal, the label shall so state the fact.

In addition, the following, where appropriate may be required:

1. whether it is flammable or inflammable;
2. directions for use, if necessary;
3. warning of toxicity;
4. wattage, voltage or amperes; or
5. process of manufacture used if necessary.

Take note that the above-mentioned requirements shall form an integral part of the label without danger of being erased or detached under ordinary handling of the product.

Furthermore, special packaging of consumer products may be required if it concerns the safety of children. This is to protect children from serious personal injury or serious illness that may result from handling and use of such product.

What is special packaging?

The law says:

First, we must have to understand what is packaging. Under the law, “package” or “packaging” means any container or wrapping in which any consumer product is enclosed for use in the delivery or display of that consumer product to retail purchasers, but does not include:

1) shipping containers or wrappings used solely for the transportation of any consumer product in bulk or in big quantities by manufacturers, packers, or processors to wholesale retail distributors;

2) shipping containers or outer wrappings used by retailers to ship or deliver any product to retail customers if such containers and wrappings bear no printed matter pertaining any particular product; and

3) The wrappers or containers of consumer products sold in small quantities by small retail stores to the consumer which by tradition are wrapped with ordinary paper.

Special packaging simply refers to packaging that is designed to be significantly difficult for children five years of age to open or to obtain a toxic or harmful amount of the substance from the package within a reasonable time. However, take note that in addition to keeping in mind the safety of children, special packaging may also be required if the same is practicable and appropriate for such product.

 

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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