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On Packaging


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.

 


   
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