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Enabling Business, Empowering Consumers

LABELING AND
FAIR PACKAGING

Series of 2013
Enabling Business,
Empowering Consumers

LABELING AND FAIR PACKAGING


Under the Consumer Act, all consumer products
domestically sold, whether manufactured locally or
imported, shall indicate the following in their
respective labels and packaging;
Labels should be conspicuous, easily
understandable under customary conditions
of purchase or use
Labels should not be easily detached or erased
The principal display panel of the label should
contain the following: (i) trade name or brand
name of the product; (ii) general make or
active ingredients; and (iii) weight, net
quantity or size.
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LABELING REQUIREMENTS
Address of the manufacturer,
importer/re-packer of the consumer
products in the Philippines
Country of manufacture (if imported)
Mandatory translation in the English or
Filipino language in the label
Required information of consumption
duration safety
Warranty of the manufacturer
Weight content prior to packaging
Consumer Complaint desk address and
All other information that fits the
parameters of the consumers right to
information
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Empowering Consumers

Q. WHAT ARE THE MINIMUM LABELING REQUIREMENTS


FOR CONSUMER PRODUCTS?
A. All consumer products domestically sold whether manufactured locally
or imported shall indicate the following in their respective labels of
packaging;
a. its correct and registered trade name or brand name;
b. its duly registered trademark;
c. its duly registered business name;
d. address if the manufacturer, importer, repacker of the consumer
product in the Philippines;
e. the general make or active ingredients;
f. net quantity of contents, in terms of weight, measure or numerical
count rounded off to at least the nearest tenths in the metric system;
g. country of manufacture, if imported;
h. if a consumer product is manufactured, refilled or repacked under
license from a principal, the label shall so state the fact.
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Q. WHAT IS THE MANNER OF PLACING LABELS?


1. Any word, statement or information required by or
under authority of these rules shall appear on the label
or labeling with such conspicuousness and render them
likely to be read and understood by ordinary individuals.
2. Labels should not be easily removed, detached or
erased under ordinary handling of the product.

Q. WHAT THE LABELING REQUIREMENTS IN THE PRINCIPAL


DISPLAY PANEL?
A. Trade name or brand name, general make or active
ingredients, weight, net quantity or size.
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Q. WHAT ARE THE LABELING REQUIREMENTS IN THE


PRINCIPAL OR SECONDAY DISPLAY PANELS?

Registered trademark and registered business


name;
Address of the manufacturer, importer, repacker,
refiller or consignee;
The fact that the product is manufactured, refilled
or repacked under license from a principal and
the name and address of the latter;
Country of manufacture (in case of imported
products)
If technical or expert knowledge is needed to
operate or assemble the product;

*PDP: Principal Display Panels


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Warning of flammability, toxicity or


poisonous character, corrosiveness, when
required;
Information as to allergic reaction, when
required;
In case of mechanical & electrically
powered toys, the age of the child for
which the toys are intended;
Warning required in case of a product
prone to cause an accident if not handled
or used in the proper way;
Warning required where damage is likely to
result in non-compliance to the limited use
of a product;
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Q. WHAT ARE THE LABELING REQUIREMENTS


IN THE PRINCIPAL OR SECONDARY
DISPLAY PANELS OR IN THE LITERATURE?

warning and all the required information


on flammability, toxicity, corrosiveness,
strong sensitizer or allergy;
Directions for use or assembly where the
same is required;
All the required information on expressed
warranties;
Certification of compliance to standards set
by a private organization or institution,
whether in the Philippines or abroad or by
an agency of a foreign government.
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Q. WHEN IS THE LITERATURE FOR A CONSUMER


PRODUCT REQUIRED?

A. Where the literature for a product is place inside its


packaging, the seller shall provide the buyer with a
copy thereof for his perusal or examination at the time
of purchase.
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Q. WHAT ARE THE ADDITIONAL LABELING


REQUIREMENTS FOR CERTAIN
PRODUCTS?
A. The following are the additional labeling
requirements:

If the product is flammable:


a. the temperature of heat that can trigger
the burning of the product;
b. the precautions against accidental
burning.
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If the product is toxic or poisonous, the label shall


contain the word Warning: Poisonous or Warning:
Toxic or the accepted or required graphic
representation of the same. The label shall also
contain the following:

a. manner by which said toxicity may affect a person,


whether by: ingestion, inhalation, bodily contact,
etc.;
b. possible symptoms of poisoning that my be felt or
experienced by the victim such as vomiting, fever,
pain, dizziness, etc.;
c. first-aid treatment that may be administered on the
person affected;
d. contraindications, acts, food or drugs which shall not
be taken by the victim as they might aggravate his
condition;
e. when it is crucial to have the victim be attended by a
physician.
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If the product is corrosive:

a. first-aid treatment that may be


administered on the person
affected;
b. acts, food or drugs which shall
not be taken by the victim as they
might aggravate his condition;
c. when it is crucial to have the
victim be attended by a physician.
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If the product is a strong sensitizer or may cause allergy:

a. manner by which the product may sensitize or cause


allergic reaction to a person, whether by ingestion,
inhalation, bodily contact, etc.,
b. possible sensitization or allergic symptoms that may be felt
or experienced by the victim such as vomiting, fever, pain,
etc.
c. first-aid treatment that may be administered on the person
affected;
d. acts or drugs which shall not be taken by the victim as it
will aggravate his condition;
e. when it is crucial to have the victim be attended by a
physician.
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If it has complicated mechanical,


electrical or electronic appliances,
equipment or products to be assembled
and those needing further assembly
shall contain the following information:

a. directions for use or assembly, which


shall be in clear and understandable
words. Artistic, graphical
representations or illustrations may be
used in addition to the words in the
directions;
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Q. WHAT GOODS ARE EXEMPTED FROM THE


LABELING LAW?

A.
1. Newspapers. Magazines, periodicals and
other reading matters are exempted
because the contents or sample thereof
maybe inspected by the buyer upon
purchase.
2. Consumer products which are further
retailed in very small quantities by small
store or in public markets which by tradition
are wrapped in ordinary paper, plastic or
used containers;
3. If the buyer himself provides the container
for his purchase of a consumer product
retailed in small quantities.
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Q. WHAT ARE THE PROHIBITED ACTS ON


LABELING?
A.
1. The words No Return, No Exchange, or
any other words to such effect shall not
appear on any label or literature of a
consumer product or on any receipt for
the purchase of such product;
2. It shall be unlawful for any person, either
as principal or agent engaged in the
labeling or packaging of any consumer
products to display or sell consumer
products whose label does not conform
to the rules and regulations of RA 7394.
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Q. WHAT IS THE PENALTY FOR VIOLATION OF THIS PROVISION?


A. CRIMINAL PENALTIES
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 (3) months but not more than
tow (2) years or both, at the discretion of the court:

Provided, that, if the consumer product is one which is not a food,


cosmetic, drug, device or hazardous substances;
the penalty shall be a fie 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 (1) month but not more than
one (1) year or both at the discretion of the court. (Articles 95a,
Consumer Act )
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B. ADMINISTRATIVE PENALTIES

Imposition of administrative fines in such amount is


deemed reasonable by the Secretary, which 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;
additional fine of not more than One Thousand Pesos
(P1,000.00) for each day of continuing violations.

(Please refer to Article 164, Consumer Act for other


Administrative penalties).
Enabling Business,
Empowering Consumers

Q. WHAT IS FAIR PACKAGING?

A. Fair packing 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.

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.
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Q. ARE ARTISTIC OR AESTHETIC CONSIDERATIONS IN


THE PACKAGING OF A 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.

Q. CAN THE PACKAGING OF CONSUMER PRODUCTS


UNDER SALES PROMOTION DIFFER OR VARY FROM
THAT OF PRODUCTS FOR REGULAR DISTRIBUTION?

A. YES, the packaging of consumer products which are


under sales promotion may vary from that of
products for regular distribution, provided that the
contents, size, quantity, measurement or fill thereof
are not affected to the prejudice of the purchaser.
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Q. WHAT IS A NON-FUNCTIONALLY SLACK-FILLED PACKAGED


CONSUMER PRODUCT?

A. A consumer product filled less than its capacity is a non-


functionally slack-filled packaged consumer product.

Q. IS NON-FUNCTIONALLY SLACK-FILLED PACKAGING ALLOWED BY


LAW?

A. YES, provided it clearly and conspicuously indicated 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.
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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 appropriate
handling instructions.
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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, 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.
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Q. WHAT ARE THE REQUIREMENTS FOR THE PACKAGING


OF DANGEROUS PRODUCTS?

A. Whenever practicable, consumer products 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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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.
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Q. WHAT IS THE PENALTY FOR VILATION OF THIS PROVISION?


A. CRIMINAL PENALTY

fine of not less than five hundred pesos (P500.00) but not more
than twenty thousand pesos (20,000.00) or;
imprisonment of not less than three (3) months but not more than
two (2) years or both, at the discretion of the court:

Provided, that, if the consumer product is one which is not a 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 (1) month but not more than
one (1) year or both at the discretion of the court.
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B. ADMINSITRATIVE 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.

(Please refer to Article 164 , Consumer Act, for other


Administrative Penalties.)
Enabling Business,
Empowering Consumers

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