Law And Ethics Consumer Protection

Question 0

Who enforces the laws?

Answer 0

Investigation and action via:
Local trading standards officer
The office of fair trading

Question 1

Why do we have consumer protection laws?

Answer 1

Protects customers and businesses from unprofessional vendors and rogue traders
Designed to ensure fair trade, competition and the free flow of truthful information in the marketplace

Question 2

Consumer protection issues are dealt with when complaints are made to the ?

Answer 2

Director General of Fair Trade

Question 3

What is the OFT?

Answer 3

The Office of Fair Trading
The UKs official consumer and competition watchdog.
Their aim is to make markets work well for consumers, by promoting and protecting consumers interests throughout the UK

Question 4

Consumer protection act part I

Answer 4

Introduced a regime of strict liability for damage arising from defective products
I.e people can SUE if they are injured by defective products

Question 5

Consumer protection act part II

Answer 5

Created government powers to regulate the safety of consumer products

Question 6

Consumer protection act part III

Answer 6

Defined a criminal offence of ‘giving a misleading price indication’

Question 7

Who is liable for a product that is defected causing harm to a patient?

Answer 7

Producer
Importer
Own-brander
Supplier?- no, unless they’ve failed to identify the produced, importer or own brand

These are the four classes of people who may face liability for a defected product.

Question 8

What happens if we dispense a medication and it turns out to be defective?

Answer 8

The primary producer of this medication is the license holder
Pharmacist is just the supplier
As long as the pharmacist can show records to identify the license holder/ manufacturer they won’t get in trouble.

Question 9

What happens with extemporaneous dispensing?

Answer 9

This is an own remedy
So pharmacist carries full responsibility
Also need to maintain records of the producers of the ingredients!

Question 10

How do you have Liability in a pharmacy?

Answer 10

Supplying unlicensed medicines or off licence use
Crushing tablets to administer
Supplying PILs or counselling administration- YOU are liable for advising on safe and appropriate use of products

Question 11

Crushing a tablet. Renders it’s use unlicensed. The manufacturer will not be liable for harm done. This is under the _____ ______ Act.

Answer 11

The consumer protection act

Question 12

What is a defective product?

Answer 12

When safety of a product is not as a person is entitled to expect
Can cause danger/ damage to people or property.

Question 13

What will the court take into account when deciding if a product is defective? 

Answer 13

Marketing- how it’s marketed
Time of supply
Instructions/ warnings with the product- were you warned about the defect?
Reasonable use

Question 14

In court, the plaintiff (complaining party) MUST show the defective product that has caused the damage

Answer 14

Plaintiff must show even though the warning labels etc were followed, damage still occured

Question 15

Under the consumer protection act, how long does someone have to make a complaint?

Answer 15

3 years after the date when damage occurred
OR later if it came to the knowledge of the person complaining later on,No claims are considered after 10 years after the product was bought

Question 16

What is the plaintiff?

Answer 16

The person complaining

Question 17

Part II of the consumer protection act is to do with safety. What does it ensure?

Answer 17

This tells people it’s an offence to supply, offer or agree to supply or expose or possess goods which fail to comply with a “general safety requirement”
This will ensure
Goods are safe
And that only appropriate information is provided with goods

Question 18

Regulations in part II “Consumer safety” of the Consumer protection act cannot be made to apply to 3 types of products, these are?

Answer 18

• Controlled drugs- Misuse drugs act
  -licensed medicinal products- Human medicines regulations
  -Gas supplied under the gas act
  This is because they’ve all got their own acts

Question 19

What can you face if you supply goods that do not meet safety regulations?

Answer 19

It’s a criminal offence

You can face up to 6 months in prison or a fine up to £5,000 (or both!!)

Question 20

What is DMRC?

Answer 20

Defective medicines report centre

Question 21

What does DMRC do?

Answer 21

Minimises risk to patients arising from distribution of defective medicine
Need to differentiate between defective medicines and those due to ADRs, accidents and errors

Question 22

Recalling medicinal products: Class I level of risk?

Answer 22

Defect is life threatening or serious risks to health

Question 23

Recalling medicinal products: Class II level of risk?

Answer 23

Defect causes mistreatment or harm to patient

Question 24

Recalling medicinal products: Class III level of risk?

Answer 24

Defect is unlikely to cause harm, but Recall is carried out for other reasons

Question 25

Recalling medicinal products: Class IV level of risk?

Answer 25

Caution in use

Question 26

How is the decision to recall a batch made?

Answer 26

Decision made following consultation between the DMRC and the marketing authorisation holdeR
MHRA can also step in with regulatory powers
Once a recall is made, the level of risk of the product / defect must be determined

Question 27

What is a minor defect?

Answer 27

No important effect upon the therapeutic effect of the product