Attorneys of the Philippines Legal News

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Fake Products-You Get What You Pay For

Have you ever wondered why the oft-repeated statement "quality comes at a price" still rings true? While there are affordable products made of good quality materials, there are fake products sold in stores that look like the exact replica of its original counterpart. If you are not a keen buyer, you will mistake these fake products for real ones. 

Fake beauty cosmetics are very popular these days. Why shell out thousands of pesos when you can buy them for less? However, fake products have not gone through stringent inspections. Hence, they do not meet consumer product standards. What happens when we use counterfeit or fake products?

Fake cosmetics contain harsh chemicals. When applied to the skin, they can cause irritation or sometimes, more serious damage. Most of which even have lead content, known to be harmful to the body when ingested. Sure, not everyone can afford branded products, but there are still cheaper and safer alternatives. Going local not only saves you money but gives you greater peace of mind as well because you are aware you are using products that have passed the quality and safety standards.

Under Republic Act No. 7394 or the Consumer Act of the Philippines, counterfeit product refers to "any consumer product which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a consumer product manufacturer, processor, packer, distributor, other than the person or persons who in fact manufactured, processed, packed or distributed such product and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by such consumer product manufacturer, processor, packer, or distributor."

Under Article 10 of the said Act, "whenever the departments find, by their own initiative or by petition of a consumer, that a consumer product is found to be injurious, unsafe or dangerous, it shall, after due notice and hearing, make the appropriate order for its recall, prohibition or seizure from public sale or distribution: Provided, That, in the sound discretion of the department it may declare a consumer product to be imminently injurious, unsafe or dangerous, and order is immediate recall, ban or seizure from public sale or distribution, in which case, the seller, distributor, manufacturer or producer thereof shall be afforded a hearing within forty-eight (48) hours from such order.

The ban on the sale and distribution of a consumer product adjudged injurious, unsafe or dangerous, or imminently injurious, unsafe or dangerous under the preceding paragraph shall stay in force until such time that its safety can be assured or measures to ensure its safety have been established."