| 1. |
Q: |
What is Fair Packaging? |
| |
A: |
Fair Packaging is the
packaging of consumer products which are made in such a way
as not to cause the purchaser to be deceived as to the contents,
size, quantity, measurement or fill of the product
|
| 2. |
Q: |
What is protection
of product through packaging? |
| |
A: |
The packaging of consumer
products shall reasonably serve to protect the product under
ordinary handling until the same is to be used by the buyer
within a reasonable time.
|
| 3. |
Q: |
Are artistic or
aesthetic considerations in the packaging of the product allowed? |
| |
A: |
Yes, artistic or aesthetic
considerations in the packaging of consumer products shall be
allowed provided steps are taken to avoid possible misconception
by consumers as to product contents, size, quantity, measurement
or fill.
|
| 4. |
Q: |
Can the packaging of
consumer products under sales promotion differ or vary from
that of products for regular distribution? |
| |
A: |
Yes, provided that
the contents, size, quantity, measurement or fill thereof are
not affected to the prejudice of the purchaser.
|
| 5. |
Q: |
What is a non-functionally
slacked-filled packaged consumer product? |
| |
A: |
A consumer product
packed filled less than its capacity is a non-functionally slack-filled
packaged consumer product.
|
| 6. |
Q: |
Is non-functionally
slacked-filled packaging allowed by law? |
| |
A: |
Yes, provided it clearly
and conspicuously indicates in its labeling the correct quantity
of its contents, size, measurement or fill. However, basic necessities
are not allowed to use non-functionally slack-filled packaging.
|
| 7. |
Q: |
When are handling instructions
required in packaging? |
| |
A: |
Packaged consumer products
which may be endangered even by ordinary handling shall indicate
in their labeling appropriate handling procedures in order to
protect the product. Where accessories of a consumer product
are packaged separately, the packaging of such accessories shall
also be provided with appropriate care and/or handling instructions.
|
| 8. |
Q: |
What are the requirements
for dangerous packaging? |
| |
A: |
Where the packaging
of a consumer product poses danger to person or property upon
improper use, handling or disposal, a warning or indication
as to what improper use, handling or disposal should be avoided,
shall be provided on the packaging itself. Whenever possible,
first-aid treatments and information or when it is necessary
to take the victim to a physician shall also be provided in
the package labeling.
|
| 9. |
Q: |
What are the requirements
for the packaging of dangerous products? |
| |
A: |
Whenever practicable,
consumer proucts or accessories which are likely to cause injury
to persons or damage to property shall be packaged in such a
way as to prevent accidents in handling such products. Where
precautions or warnings are necessary, they shall be provided
in the package labeling in clear, conspicuous and unmistakable
terms.
|
| 10. |
Q: |
What comprises special
packaging for children? |
| |
A: |
Appropriate warnings, such as "Warning: Keep
out of reach of children", or words to such effect shall be
provided in its outermost packaging. Such warnings shall be
directed to adults. However, whenever possible, warnings directed
to or understandable by children shall be provided. Moreover,
packaging of dangerous or accident-prone consumer products
or those likely to cause injury to persons shall be made difficult
for children to open.
|
| 11. |
Q: |
What is the penalty
for violation of this provision?
|
| |
|
Criminal Penalty
A fine of not less than Five
Hundred Pesos (P500.00) but not more than Twenty Thousand
Pesos (P20,000.00) or imprisonment of not less than three
months but not more than two years or both, at the discretion
of the court: Provided, that, if the consumer product is one
which is not food, cosmetic, drug, device or hazardous substance,
the penalty shall be a fine of not less than Two Hundred Pesos
(P200.00) but not more than Five Thousand Pesos (P5,000.00)
or imprisonment of not less than one month but not more than
one year or both at the discretion of the court. (Article
95, Consumer Act)
Administrative Penalty
The imposition of administrative
fines in such amount as deemed reasonable by the Secretary,
which shall in no case be less than 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) for each day of continuing
violation. (Article 164, Consumer Act)
|
|
12.
| Q: |
What
is protection of product through packaging? |
| |
A: |
The packaging of consumer
products shall reasonably serve to protect the
product under ordinary handling until the same is to be used
by the buyer within a reasonable
time.
|
| 13. |
Q: |
Are artistic or aesthetic
considerations in the packaging of the product allowed?
|
| |
A |
Yes, artistic or aesthetic
considerations in the packaging of consumer products shall be
allowed provided steps are taken to avoid possible misconception
by consumers as to product contents, size, quantity, measurement
or fill.
|
| 14. |
Q: |
Can the packaging of
consumer products under sales promotion differ or vary from
that of products for regular distribution?
|
| |
A: |
Yes, provided that
the contents, size, quantity, measurement or fill thereof are
not affected to the prejudice of the purchaser.
|
| 15. |
Q: |
What is a non-functionally
slacked-filled packaged consumer product?
|
| |
A: |
A consumer product
packed filled less than its capacity is a non-functionally slack-filled
packaged consumer product.
|
| 16. |
Q: |
Is non-functionally
slacked-filled packaging allowed by law?
|
| |
A: |
Yes, provided it clearly
and conspicuously indicates in its labeling the correct quantity
of its contents, size, measurement or fill. However, basic necessities
are not allowed to use non-functionally slack-filled packaging.
|
| 17. |
Q: |
When are handling instructions
required in packaging? |
| |
A: |
Packaged consumer products
which may be endangered even by ordinary handling shall indicate
in their labeling appropriate handling procedures in order to
protect the product. Where accessories of a consumer product
are packaged separately, the packaging of such accessories shall
also be provided with appropriate care and/or handling instructions.
|
| 18. |
Q: |
What are the requirements
for dangerous packaging? |
| |
A: |
Where the packaging
of a consumer product poses danger to person or property upon
improper use, handling or disposal, a warning or indication
as to what improper use, handling or disposal should be avoided,
shall be provided on the packaging itself. Whenever possible,
first-aid treatments and information or when it is necessary
to take the victim to a physician shall also be provided in
the package labeling.
|
| 19. |
Q: |
What are the requirements
for the packaging of dangerous products?
|
| |
A: |
Whenever practicable,
consumer proucts or accessories which are likely to cause injury
to persons or damage to property shall be packaged in such a
way as to prevent accidents in handling such products. Where
precautions or warnings are necessary, they shall be provided
in the package labeling in clear, conspicuous and unmistakable
terms.
|