Consumer Protection Act Flashcards
What is the Consumer Protection Act? What is its purpose? Who enforces it?
1987
is a law implemented to protect consumers purchasing goods/services
all retailers are subject to the following controls on goods/services:
1 - price
2 - description
3 - safety
is enforced by:
- the Local Trading Standards Department
How does the consumer protection act apply to pharmacy?
processes and procedures must be in place to ensure that reasonable steps/precautions have been made to check that :
- the description of goods/services are accurate
- the goods/services supplied are safe
What is due diligence?
is an investigation, audit, or review performed to confirm facts or details of a matter under consideration
- retailers must have procedures/processes to show that they have undertaken due diligence to ensure that the description of goods/services they are providing to consumers are accurate and safe
How does the consumer protection act (CPA) protect he public?
prohibits the manufacture and supply of unsafe goods
makes the manufacturer/seller of defective product responsible for the damage it causes
allows local councils to seize unsafe goods and suspend sales
prohibits misleading price indications
What is product liability? Who can be held accountable for it?
who can be held responsible for the sale/supply of a defective product
4 classes of persons may face liability for a defective product:
- the manufacturer
- the importer
- the supplier
- the retailer
What should be done by pharmacists to ensure product liability?
should ensure adequate systems are in place and records are retained
- robust audit trail, allowing manufacturer/ML Holder to be identified with certainty.
When can pharmacist be held accountable for product liability?
pharmacists face full liability for:
- their own branded products
= name and address of pharmacy is fixed to the container made by another party - medicines made for patients
= extemporaneous preparations - supply of unlicensed medicines
- failure to supply a PIL or counselling advice for safe and appropriate use of the product.
When can a consumer make a claim for a defective product?
must claim within 3 years of the ‘incident’
- if injured by a defective product
within 10 years of product reaching the market.
What products are/are not covered in product liability?
covered
- all pharmaceutical products, medical devices, medical appliances, food (including raw foods), any item that can be package and sold
not covered
- whole buildings however construction materials are covered
- land
- IT software
What is a defective product?
a product which:
- damages a person (death/injury)
- damages a property
- safety standards of product are below consumers expectation
What is the safety checklist for a manufacturer?
must check:
- design
- manufacture
- presentation
- packaging
must ensure each stage is quality assured
What does the CPA cover on the safety of goods? What is its purpose?
covers goods which are intended to be used or consumed
creates an obligation to provide consumers with goods that are safe
What should you do before supplying goods marked as safe?
check your process is covered by indemnity insurance
- retain records of ingredients/products used in manufacture
- retain supplier information
- retain invoices
What does the CPA cover on the price control of goods? How does it impact pharmacies?
has controls on misleading price informations
has a requirement that retailers display price within close proximity of goods
pharmacies must ensure that prices are not misleading
- cosmetics, toiletries and food supplements
