THE CONSUMER ACT OF THE • Test products

PHILIPPINES • Set safety standards

• Ban dangerous goods
(Title I-General Provisions)

ARTICLE 1 – SHORT TITLE Example

• A phone battery that explodes → violates
Definition / Meaning safety rules
This law is officially called the Consumer Act of • Expired medicine still sold → illegal
the Philippines.
(b) Protection against deceptive, unfair, and
Deeper Explanation unconscionable practices
This provision is simple but legally important
because: Meaning
• It standardizes how the law is referred to Businesses must not:
in courts, contracts, policies, and • Mislead (deception)
academic discussions. • Exploit (unfairness)
• Prevents confusion with other consumer- • Abuse consumers (unconscionable acts)
related laws.
Why this exists
Purpose To ensure honest market behavior.
• Provides legal identity to the statute.
• Ensures uniform citation. How it happens
• False ads
How it Happens in Practice • Hidden charges
Whenever a case, complaint, or contract refers to • Fake discounts
“RA 7394,” it automatically invokes this law.
Example
Example • “70% OFF” but original price was inflated
A consumer complaint filed before the → deceptive
Department of Trade and Industry (DTI) cites RA • Selling fake branded shoes → unfair
7394 → this refers to the Consumer Act. practice

(c) Provision of information and education

ARTICLE 2 – DECLARATION OF
BASIC POLICY Meaning
Consumers must be properly informed.
General Meaning
Why important
The State actively protects consumers and
A consumer cannot make good decisions without
regulates businesses to ensure:
information.
• Safety
• Fairness
How it happens
• Transparency
• Labels
• Manuals
• Warnings
Why this Policy Exists (Core Reason)
Consumers are generally:
Example
• Less informed
• Food label showing calories and
• Less powerful than businesses
ingredients
• Vulnerable to fraud, unsafe products, and
• Medicine with dosage instructions
exploitation
(d) Provision of rights and means of redress
! Therefore, the law intervenes to correct this
imbalance. Meaning
Consumers can enforce rights and seek
remedies.
OBJECTIVES (FULL EXPLANATION)
Why important
(a) Protection against hazards to health and
Protection is meaningless without enforcement.
safety
Remedies include
Meaning
• Refund
Products/services must not cause harm. • Replacement
• Damages
Why this exists
Businesses may prioritize profit over safety → law
Example
prevents this.
• Defective laptop → consumer can
demand replacement
How it happens
Government agencies:
(e) Consumer participation in policy-making 2. Advertising

Meaning Meaning
Consumers can influence laws and regulations. The process of promoting products.

Why important Difference from advertisement

Ensures laws reflect real consumer needs. • Advertising = activity/process
• Advertisement = output/material
Example
• Consumer advocacy groups consulted 3. Advertising Agency
by government
Meaning
Company hired to create ads.
ARTICLE 3 – CONSTRUCTION
Legal Role
Can also be liable for:
Definition / Meaning
• Misleading advertisements
If the law is unclear → interpret it in favor of the
consumer.
4. Advertiser
Deeper Explanation
This is called liberal construction in favor of the Meaning
consumer. The business paying for the ad.

Why? Key Liability

Because: Primarily responsible for:
• Truthfulness of claims
• Businesses are stronger parties
• Consumers need more protection
B. COMMERCIAL & BUSINESS TERMS
Legal Effect
In case of ambiguity: 5. Business Name
• Courts choose the interpretation that
Meaning
benefits the consumer
Trade name used in transactions.
Example
Legal Importance
A warranty clause says:
Used in:
“Defects may be repaired if applicable.”
• Contracts
! If unclear → interpreted to allow replacement • Receipts
or refund (favoring consumer)
Example
“ABC Electronics” instead of owner’s real name.
ARTICLE 4 – DEFINITIONS 6. Commerce
(DETAILED)
Meaning
! These definitions determine how the law All activities involving trade.
applies in real situations.
Scope
A. ADVERTISING TERMS Includes:
• Sale
1. Advertisement • Distribution
• Exchange
Meaning
The actual promotional material. 7. Closing-Out Sale

Deeper Explanation Meaning

It includes: Sale to dispose inventory (often due to closure).
• TV ads
• Social media posts Risk
• Billboards Can be abused to:
• Mislead consumers into thinking prices
Legal Importance are lower
Can be basis for:
• False advertising cases Example
• Consumer complaints Fake “closing sale” even if business continues.

Example
A Facebook ad claiming “clinically proven weight
loss” without proof → illegal.
8. Pyramid Sales Scheme 15. Creditor

Meaning Meaning
Income comes mainly from recruitment, not Entity extending credit.
product sales.
16. Default Charge
Why illegal
• Unsustainable Meaning
• Exploitative Penalty for late payment.

Example E. SAFETY & HAZARD TERMS

Members pay to join and earn by recruiting
others. 17. Banned Hazardous Substance

C. CONSUMER-RELATED TERMS Meaning

Products prohibited due to danger.
9. Consumer
Example
Meaning Lead-painted toys.
Final user of product/service.
18. Hazardous Substance
Key Element
Not for resale. Meaning
Can cause injury or illness.
Example
19. Highly Toxic
Buying a phone for personal use = consumer
Buying to resell = not consumer Meaning
Deadly even in small amounts.
10. Consumer Transaction
20. Corrosive
Meaning
Any transaction involving consumer Meaning
goods/services. Destroys tissue.

Includes 21. Irritant

• Sale
• Lease Meaning
• Credit Causes inflammation.

11. Consumer Products and Services 22. Imminently Hazardous Product

Meaning Meaning
Goods/services for: Immediate danger to life.
• Personal
• Household use F. PRODUCT TERMS

D. CREDIT TERMS 23. Cosmetics

Used to enhance appearance.
12. Consumer Credit
24. Drugs
Meaning Used for treatment or prevention of disease.
Payment deferred to future.
25. Device
Example Medical equipment.
Installment purchase.
26. Food
13. Consumer Loan Substances consumed.

Meaning 27. Food Additive

Money borrowed payable in installments. Added to improve quality or preservation.

14. Credit Sale

Meaning
Ownership transferred even if unpaid.

Key Point
Buyer already owns the product.
G. LABELING & PACKAGING K. OTHER TERMS

28. Labeling 40. Expiry Date

Product unsafe after date.
Meaning
Information on product. 41. New Product / New Drug
Not fully tested.
Purpose
Consumer awareness. 42. Trademark / Trade Name
Brand identity.
29. Mislabeled Hazardous Substance

Meaning Title II-Consumer Product Quality and

Incorrect or incomplete warning. Safety
Legal Effect
CHAPTER I – CONSUMER PRODUCT
Seller can be liable.
QUALITY AND SAFETY
30. Special Packaging
Article 5 – Declaration of Policy
Meaning
Child-resistant packaging. (a) Development of Safety and Quality
Standards
H. PRODUCT QUALITY TERMS
Explanation:
31. Materially Defective Product The State assumes the primary responsibility of
ensuring that all consumer products available in
Meaning the market meet certain minimum safety and
Defect creates serious risk. quality standards. This includes not only the
physical composition of products but also how
32. Substandard Product they are used, their performance, and how they
are tested. The law emphasizes that standards
Meaning must be scientific, measurable, and enforceable
to protect consumers from defective or harmful
Fails safety standards. goods. These standards serve as the benchmark
that manufacturers and sellers must follow before
33. Guarantee distributing products in commerce.

Meaning Requisites:
Assurance of quality. • Existence of consumer products in the
market
I. BUSINESS PARTICIPANTS • Need to ensure safety and quality
• Establishment of measurable standards
34. Manufacturer (performance, testing, etc.)
Produces goods.
Example:
35. Distributor If a company manufactures electric fans, the
Supplies goods. government may require testing standards to
ensure the fan does not overheat or cause fire.
36. Retailer Without such standards, unsafe products may
Sells to consumers. circulate freely.

37. Supplier (b) Assistance to Consumers in Evaluating

Broad term for provider. Products

J. SALES PRACTICES Explanation:

The State must help consumers make informed
38. Referral Selling decisions by providing access to information
regarding product safety, quality, and usefulness.
Meaning This means consumers should not be left alone to
Rewards for referrals. judge whether a product is safe or worth buying.
Government agencies may issue product
Risk comparisons, safety warnings, or certifications.
May become deceptive.
Requisites:
39. Sales Promotion • Availability of consumer products
• Presence of evaluation criteria (quality,
Meaning safety, performance)
Marketing strategies. • Government dissemination of information
Example: Requisites:
The Department of Trade and Industry (DTI) • Identification of product type
publishes lists of certified appliances so • Proper jurisdiction of agency
consumers can compare safe vs unsafe brands
before purchasing. Example:
A contaminated milk product → handled by DOH
(c) Protection Against Unreasonable Risks A defective rice product → handled by DA
A faulty appliance → handled by DTI
Explanation:
The law protects consumers from products that Article 7 – Consumer Product Standards
pose unreasonable or unnecessary risks. Not all
risks can be eliminated, but any risk that is Explanation:
excessive or avoidable must be prevented. This This provision explains what standards may
ensures that products in the market will not cause include and how they are created. These
injury when used properly. standards regulate everything from design to
labeling to ensure consumer protection.
Requisites:
• Existence of risk (a) Performance, Composition, Design
• Risk is unreasonable or excessive
• Connection between product and Explanation:
possible injury Products must meet standards on how they
function and what materials they are made of.
Example:
A toy containing toxic paint is considered Example:
unreasonably dangerous because children may A helmet must be strong enough to protect the
ingest it. head during accidents.

(d) Research and Investigation (b) Classification and Materials

Explanation: Explanation:
The government must actively conduct research Products must be categorized and use
to improve product quality and determine the appropriate materials.
causes of injuries, illnesses, or deaths caused by
products. This ensures continuous improvement Example:
and prevention of future harm. Steel used in construction must meet strength
requirements.
Example:
If multiple consumers get sick from canned (c) Testing Methods
goods, the government investigates whether
contamination occurred during manufacturing. Explanation:
Standardized testing ensures uniform evaluation
(e) Assurance of Consistency of product quality.

Explanation: (d) Storage and Transport

Products must be consistently safe and of the
same quality every time they are sold. This Explanation:
prevents situations where one batch is safe but Improper handling can make safe products
another is defective. dangerous, so rules apply even after production.

Example: (e) Labeling and Warnings

A bottled water brand must maintain the same
purity standards across all batches. Explanation:
Consumers must be informed of risks and proper
Article 6 – Implementing Agencies usage.

Explanation: Example:
Different government agencies are assigned “Keep out of reach of children” on cleaning
responsibility depending on the type of product. chemicals.
This ensures specialization and efficiency in
enforcement. Requisites (Overall):
• Existence of product
Agencies: • Need for regulation
• Department of Health (DOH) – food, • Adoption or creation of standards
drugs, cosmetics
• Department of Agriculture (DA) – Important Note:
agricultural products If no standards exist, technical committees
• Department of Trade and Industry (DTI) – (government + business + consumers) will create
all other consumer goods them.
Article 8 – Publication of Standards Example (Case Application):
A batch of canned sardines is found
Explanation: contaminated with bacteria causing illness. The
Standards must be publicly announced to inform DOH may immediately order a recall from
both businesses and consumers. Publication supermarkets. Even without prior hearing, the
ensures transparency and fairness. company will later be given a chance to defend
itself within 48 hours.
Requisites:
• Promulgation of standards Article 11 – Amendment and Revocation of
• Publication in newspapers Declaration of the Injurious, Unsafe or
• Minimum period of 1 month Dangerous Character of a Consumer Product

Example: Explanation:
New safety rules for electrical wiring must be This provision allows any interested party—such
published before enforcement. as consumers, manufacturers, or distributors—to
request the government to reconsider or change
Article 9 – Effectivity of Rules a prior ruling that declared a product unsafe,
dangerous, or injurious. It recognizes that
(a) Effectivity Period conditions may change (e.g., improvements in
product design or safety measures), so a
Explanation: previously banned or restricted product may later
Rules must take effect within 90 days, giving be allowed again. However, before any
businesses time to comply. amendment or revocation is made, the law
requires due notice and hearing, ensuring
Requisites: fairness and due process.
• Promulgation of rule
• Specified effectivity date Additionally, if a product is found to be
substandard or defective, the responsible parties
Example: (manufacturer, distributor, or seller) are required
A company is given 90 days to adjust product not only to correct the issue but also to inform
design. both the public and sellers about the defect. The
law ensures that consumers are given remedies
(b) Prohibition of Stockpiling such as repair, replacement, refund, or
damages—without additional cost.
Explanation:
Manufacturers cannot produce excessive Requisites (for amendment/revocation):
quantities before rules take effect to avoid 1. There must be an existing declaration
compliance. that the product is unsafe/dangerous
2. A petition by an interested party OR
Requisites: initiative by the department
• Increase in production before effectivity 3. Conduct of notice and hearing
• Intent to avoid regulation 4. Justifiable basis for amendment or
revocation
Example:
A company produces 大 量 unsafe products Requisites (for liability of
before a ban—this is illegal stockpiling. manufacturer/seller):
1. Product is substandard or defective
Article 10 – Injurious, Dangerous, and Unsafe 2. Finding by the department after due
Products process
3. Failure to comply with safety standards
Explanation:
If a product is found harmful, the government has Remedies to Consumers:
the authority to recall, ban, or seize it. This • Repair of the product
protects the public from immediate danger. In • Replacement with a compliant product
urgent cases, action can be taken even before a • Refund (less reasonable use)
hearing, but a hearing must follow within 48 • Payment of damages
hours.
Important Rule:
Requisites: • No cost shall be charged to the consumer
• Product is injurious, unsafe, or dangerous for availing remedies
• Finding by the department
• Due process (notice and hearing)

Exception (Urgent Cases):

• Immediate action allowed
• Hearing within 48 hours required
Example (Case Application): Article 14 – Certification of Conformity to
A blender brand was previously banned because Consumer Product Standards
its motor overheated and caused fires. The
manufacturer later improves the design and adds Explanation:
safety features. They may petition the DTI to lift Before products can be sold in the market, they
the ban. If proven safe after testing and hearing, must undergo inspection and certification to
the ban may be revoked. ensure compliance with safety and quality
standards. The government issues a Philippine
If a defective smartphone battery is discovered, Standard (PS) Certification Mark, which serves as
the company must: proof that the product meets legal requirements.
• Notify the public This helps consumers easily identify safe and
• Recall affected units approved products.
• Replace or refund customers
Requisites:
Article 12 – Effectivity of Amendments and 1. Existence of applicable product
Revocation standards
2. Inspection and testing by the department
Explanation: 3. Compliance with standards
Any amendment or revocation of product safety 4. Issuance of certification mark
rules must clearly indicate when it will take effect.
The general rule is that it must take effect within Example:
90 days after publication, unless there is a valid An electrical appliance like a rice cooker must
reason to delay it further in the interest of the bear the PS mark before it can be legally sold.
public. This ensures predictability and gives Without it, the product is presumed non-
businesses time to adjust. compliant.

Requisites: Article 15 – Imported Products

1. Amendment or revocation issued
2. Publication of such change Explanation:
3. Specification of effectivity date This provision ensures that imported goods are
held to the same safety standards as locally
Exception: produced products. Any product entering the
• Effectivity may exceed 90 days if justified Philippines may be denied entry if it is unsafe,
for public interest defective, or does not comply with standards. The
government has authority to inspect, test, and
Example: even require modification before allowing entry.
If a rule banning a product is lifted, the
government may delay effectivity to allow proper Grounds for Refusal (Requisites):
re-entry into the market with safety checks. 1. Non-compliance with safety standards
2. Product is unsafe or dangerous
Article 13 – New Products 3. Product is substandard
4. Product has material defect
Explanation:
The government must monitor and keep a list of Key Rules:
newly introduced consumer products in the • Samples may be taken for testing
market. Manufacturers or importers are required • Importer has right to hearing
to publish these products along with descriptions. • Products may be modified to comply
This ensures transparency and allows regulators • If non-compliant → export or destruction
and consumers to be aware of new items that may
require evaluation for safety and quality. Important Prohibition:
• Products banned in country of origin
Requisites: cannot be imported
1. Existence of new consumer product
2. Listing by the department Example (Case Application):
3. Publication by manufacturer/importer A cosmetic product banned in another country
due to harmful chemicals is attempted to be
Example: imported into the Philippines. The DOH will
A new type of smart wearable device is automatically deny entry.
introduced. The importer must publish its details
so regulators and consumers are informed about If imported toys fail safety testing, the importer
its features and potential risks. may be allowed to relabel or modify them within
10 days. If not corrected, they will be seized or
destroyed.
Article 16 – Consumer Products for Export (a) Selling Non-Compliant Products

Explanation: Explanation:
Products intended solely for export are generally It is illegal to manufacture, sell, or import products
not subject to Philippine safety standards, that do not meet safety standards.
provided they are not sold locally. This recognizes
that other countries may have different standards. Example:
However, safeguards are in place to ensure such Selling uncertified electrical wires that may cause
products are clearly marked and not distributed fire.
domestically.
(b) Selling Banned Products
Requisites:
1. Product is intended for export only Explanation:
2. Proper labeling indicating export Products officially declared unsafe cannot be
3. Product is actually exported sold.

Exception: Example:
• If product is sold in the Philippines → Continuing to sell a recalled toy with choking
local laws apply hazards.

Example: (c) Refusal of Inspection

A chemical product manufactured in the
Philippines for export to another country may not Explanation:
meet local standards but is allowed as long as it is Businesses must allow inspection by authorities.
clearly labeled “For Export Only” and not sold
locally. Example:
A factory refusing entry to DTI inspectors
Article 17 – Powers, Functions, and Duties of commits a violation.
the Department
(d) Failure to Comply with Recall Orders
Explanation:
This provision outlines the authority of Explanation:
government agencies to effectively enforce the Ignoring recall or repair orders is illegal.
law. These powers ensure that agencies can
regulate, monitor, and penalize violations related Example:
to consumer product safety. A company refuses to recall defective phones
despite government order.
Key Powers:
• Enforce the law (e) Stockpiling
• Conduct research
• Inspect and test products Explanation:
• Collect fees Producing excessive goods to avoid compliance
• Investigate product-related harm is prohibited.
• Accredit testing bodies
Requisites:
Requisites: • Act committed by person/entity
• Legal authority under the Act • Violation of standards or orders
• Necessity to enforce consumer • Presence of intent or negligence
protection
Article 19 – Penalties
Example:
The DTI may inspect a factory producing Explanation:
appliances to ensure compliance with safety
standards. It may also accredit independent This provision imposes penalties for violations
laboratories to test products. under Article 18. The penalties aim to deter non-
compliance and ensure accountability.
Article 18 – Prohibited Acts
Penalties:
Explanation: • Fine: ₱1,000 – ₱10,000
This provision lists illegal acts related to • Imprisonment: 2 months – 1 year
consumer products. It ensures that all products in • Or both
the market comply with safety standards and that
authorities can properly enforce regulations. Special Rules:
• Alien → deportation after sentence
• Naturalized citizen → cancellation of
citizenship
• Corporate officers → personally liable
Example: a) Establish standards and quality measures for
A company knowingly sells unsafe appliances. Its food, drugs, devices and cosmetics
manager may be imprisoned and fined, and if
foreign-owned, its license may be revoked. Explanation:
The Department creates objective benchmarks
for what constitutes acceptable safety and quality.
Standards include composition, labeling,
packaging, and performance requirements.
These rules ensure manufacturers comply with
CHAPTER II – FOOD, DRUGS, scientific criteria and protect consumers from
COSMETICS, AND DEVICES harm.

Article 20 – Declaration of Policy Requisites:

• Products exist in the market.
Text: • Need for measurable quality and safety
The State shall ensure safe and good quality of criteria.
food, drugs, cosmetics and devices, and regulate
their production, sale, distribution and Example:
advertisement to protect the health of the A sunscreen must meet a minimum SPF rating to
consumer. be sold legally, ensuring it provides the promised
protection.
Explanation:
This article establishes the fundamental duty of b) Adopt measures to ensure pure and safe
the government to protect public health by supply of foods and cosmetics, and safe,
ensuring that all food, drugs, cosmetics, and efficacious and good quality of drugs and devices
medical devices are safe for use and meet quality in the country
standards. It covers all stages of a product’s
lifecycle: from production, through sale and Explanation:
distribution, to advertisement. By regulating each The Department ensures that all products
stage, the law prevents unsafe or misrepresented entering or produced within the country are free
products from harming consumers. The focus is from contamination, harmful substances, and
both on physical safety (avoiding harmful false claims, and that drugs or devices deliver
substances) and quality assurance (products their intended therapeutic effects safely. This
work as intended and are consistent). “Regulate” involves monitoring imports, domestic
means the government can set rules, conduct production, and quality testing.
inspections, and enforce compliance.
Example:
Requisites / Elements: Testing imported herbal supplements to verify
• Existence of food, drugs, cosmetics, or they are free from heavy metals or toxic
devices in commerce. chemicals before allowing sale.
• Potential risk to consumer health.
• Government authority to regulate c) Adopt measures to ensure the rational use of
production, distribution, and promotion. drugs and devices

Example: Explanation:
If a pharmaceutical company produces a pain This clause promotes responsible use of medical
reliever, the State ensures it contains the correct products to avoid misuse or overuse that may
active ingredients, is free from harmful harm public health. Measures include:
contaminants, and is advertised truthfully • Banning or recalling unsafe drugs.
regarding its benefits and risks. • Maintaining a National Drug Formulary to
guide safe use.
Article 21 – Implementing Agency • Requiring generic names on labels for
clarity and preventing duplication.
Text:
In the implementation of the foregoing policy, the Requisites:
State, through the Department of Health, hereby • Identification of unsafe or unregistered
referred to as the Department, shall, in drugs.
accordance with the provisions of this Act: • Establishment of protocols for recalls,
labeling, and approvals.
Explanation:
This sentence identifies the Department of Health Example:
(DOH) as the primary agency responsible for A drug found to be ineffective in treating
enforcing the law on food, drugs, cosmetics, and hypertension is recalled and removed from the
devices. Delegating this role ensures that the market.
agency with specialized knowledge handles
matters of public health effectively. “In
accordance with the provisions of this Act” means
that the Department must follow the specific rules,
definitions, and powers granted by the law.
 Requisites:
d) Strengthen the Bureau of Food and Drugs • Presence of a harmful or poisonous
substance.
Explanation: • The substance is at a level that can harm
This empowers the Bureau to enforce regulations health (unless naturally occurring and
more effectively by improving infrastructure, negligible).
staffing, training, and monitoring systems. A
strong Bureau ensures compliance across Example:
production, distribution, and retail sectors. Trace amounts of naturally occurring mercury in
fish are acceptable, but high levels of mercury
Example: make the fish adulterated and unsafe.
Hiring additional inspectors to audit cosmetic
manufacturing plants and prevent contamination. a) 2) if it bears or contains any added poisonous
or deleterious substance other than one which is
Article 22 – Rules and Regulations on (i) a pesticide chemical in or on a raw agricultural
Definitions and Standards commodity, (ii) a food additive, (iii) a color
additive, for which tolerances have been
Text: established and it conforms to such tolerances
Whenever in the judgment of the Department
such action will promote honesty and fair dealing Explanation:
in the interest of consumers, it shall promulgate If a harmful substance is deliberately added to a
rules and regulations fixing and establishing a food, it is adulterated—except if it is a regulated
reasonable definition and standard of identity, a additive or pesticide used within approved limits.
reasonable standard of quality and/or reasonable This prevents illegal or unsafe additives from
standard of fill of containers for food, drugs, being used to enhance taste, color, or
cosmetics or devices. preservation.

Explanation: Requisites:
This allows the Department to define standards • The harmful substance is intentionally
for products to prevent deception and ensure added.
uniform quality. For example, a “fruit juice” must • It does not fall within approved
contain a certain percentage of actual fruit, and substances and tolerances.
containers must be filled to labeled amounts.
These regulations protect consumers from Example:
misrepresentation and ensure fairness in Adding a toxic chemical to candy to enhance
commerce. sweetness is adulteration, but approved coloring
used within legal limits is not.
Requisites:
• Determination by the Department that a) 3) if it consists in whole or in part of any filthy,
action is necessary. putrid or decomposed substance, or if it is
• Clear definitions and measurable otherwise unfit for food
standards for identity, quality, and
packaging. Explanation:
Food that is rotten, decomposed, or
Example: contaminated with filth is automatically
If a juice bottle is labeled 500ml but only contains considered unsafe. This protects consumers from
450ml, it violates the standard of fill. foodborne illnesses.

Requisites:
Article 23 – Adulterated Food • Presence of filth, decay, or
decomposition.
Text: • Food is unfit for consumption.
A food shall be deemed to be adulterated:
Example:
a) 1) if it bears or contains any poisonous or Selling moldy bread or spoiled meat is considered
deleterious substance which may render it adulterated.
injurious to health; but in case the substance is
not an added substance, such food shall not be a) 4) if it has been prepared, packed or held under
considered adulterated under this clause if the unsanitary conditions whereby it may have
quantity of such substance does not ordinarily become contaminated with filth, or whereby, it
render it injurious to health may have been rendered injurious to health

Explanation: Explanation:
Food is adulterated if it contains harmful Even if the ingredients are safe, unsanitary
chemicals or substances that can cause sickness handling during production, storage, or
or injury. However, naturally occurring packaging can make food unsafe.
substances that are harmless in small amounts do
not count as adulteration. This ensures that foods Requisites:
are safe under normal consumption, but prevents • Unsanitary production, storage, or
dangerous contamination. handling.
• Risk of contamination or harm.
 Example:
Example: Mixing water or chalk into flour to increase
Vegetables washed in dirty water or packaged in volume is adulteration.
unclean facilities are adulterated.
b) 3) if damage or inferiority has been concealed
a) 5) if it is, in whole or part, the product of a in any manner
diseased animal or of an animal which has died
other than by slaughter Explanation:
Covering up spoilage, poor quality, or defects is
Explanation: also considered adulteration.
Meat and other animal products from sick or
improperly killed animals are unsafe for Example:
consumption. Repainting moldy cheese to hide the spoilage is
adulterated.
Requisites:
• Source from diseased or improperly b) 4) if any substance has been added thereto or
killed animals. packed therewith so as to increase its bulk or
• Health hazard to consumers. weight, reduce its quality or strength, or make it
appear better or of greater value than it is
Example:
Meat from a cow that died from disease rather Explanation:
than proper slaughter is adulterated. This prevents economic deception where food
appears more valuable than it is.
a) 6) if its container is composed, in whole or in
part, of any poisonous or deleterious substance Example:
which may render the contents injurious to health Adding water to milk to increase volume while
selling it at full price.
Explanation:
Unsafe packaging can contaminate otherwise c) if it is, or bears or contains a color additive
safe food. Packaging materials must not leach which is unsafe under existing regulations
harmful substances into the food.
Explanation:
Example: Unsafe dyes or coloring agents make food
Canned food in containers with lead solder can adulterated. The Department maintains a list of
be considered adulterated. permissible colors and allowable quantities.

a) 7) if it has passed its expiry date Example:

Using red dye banned in food products to color
Explanation: candy is adulterated.
Expired food is automatically deemed adulterated
because its safety and quality cannot be d) if it is confectionery, and it bears or contains
guaranteed. any alcohol or non-nutritive article or substance
except harmless coloring, harmless flavoring,
Example: harmless resinous glass not in excess of 0.4%
Milk sold after its expiration date is considered natural gum and pectin…
unsafe.
Explanation:
b) 1) If any valuable constituent has been, in Confectionery with inappropriate additives,
whole or in part, omitted or abstracted therefrom especially harmful chemicals or alcohol, is
and the same has not been substituted by any adulterated. Minor harmless additives are exempt
healthful equivalent of such constituent if approved.

Explanation: Example:
Removing essential nutrients or ingredients from Candy containing excessive alcohol or toxic
food without replacing them with safe alternatives flavoring is adulterated, but candy with approved
is adulteration. natural coloring is safe.

Example: e) if it is oleomargarine, margarine or butter and

Removing calcium from powdered milk without any of the raw materials used therein consists in
supplementation makes it adulterated. whole or in part of any filthy, putrid or
decomposed substance, or is otherwise unfit for
b) 2) if any substance, not a valuable constituent, food
has been added or substituted or in part therefor
Explanation:
Explanation: Any dairy or fat-based product made from spoiled
Adding fillers or cheap substitutes to increase or dirty ingredients is automatically adulterated.
weight or bulk is considered adulteration if it
compromises quality. Example:
Butter made from spoiled cream is adulterated.
 The Department of Health (DOH) sets limits to
f) if it has not been prepared in accordance with ensure that even unavoidable substances do not
current acceptable manufacturing practice pose health risks.
established by the Department through
regulations Requisites:
• Presence of a poisonous or harmful
Explanation: substance.
Non-compliance with hygiene or safety • Substance cannot be avoided during
regulations in food preparation renders food production or through good
adulterated. manufacturing practices.
• Regulatory limits prescribed by the
Example: Department.
Bakery goods prepared without following DOH
sanitary guidelines are adulterated. Example:
Trace levels of acrylamide (a naturally occurring
chemical formed in baked or fried foods) may be
tolerated if it falls within safety limits prescribed
Article 24 – Regulation of Unprocessed Food by DOH. Excessive levels exceeding these limits
render the food unsafe and adulterated.
Text:
The provincial, municipal and city governments Article 26 – Unsafe Food Additives, Exceptions
shall regulate the preparation and sale of meat, for Conformity with Regulation
fresh fruits, poultry, milk, fish, vegetables and
other foodstuff for public consumption, pursuant Text:
to the Local Government Code. A food additive shall be deemed unsafe unless:

Explanation: a) it and its use or intended use conforms to the

This article delegates the responsibility of terms of an exemption for being solely intended
ensuring the safety and quality of raw or for investigational use by qualified experts; or
unprocessed food to local government units
(LGUs). LGUs must implement rules for hygienic b) it and its use or intended use is in conformity
handling, preparation, storage, and sale of these with a regulation issued by the Department
foods to prevent contamination and protect public prescribing the conditions under which such
health. The law ensures that unprocessed foods, additives may be safely used.
even before reaching stores or markets, meet
safety standards. Explanation:
Food additives are considered unsafe unless they
Requisites: are either:
• Presence of unprocessed foods intended 1. Used exclusively for research by trained
for human consumption. experts, or
• Regulatory powers of LGUs as granted 2. Regulated by DOH with clear conditions
by the Local Government Code. for safe usage.
• Implementation of safety measures for
handling, storage, and sale. This ensures that chemicals added to food are
strictly controlled and safe for consumption.
Example:
A city government may inspect wet markets to Requisites:
ensure fish and meat are kept in clean, • Presence of a food additive.
refrigerated conditions to avoid spoilage. Vendors • Use or intended use must comply with
selling unwashed fruits may be instructed to either research exemption or DOH
follow proper washing and storage protocols. regulation.

Article 25 – Tolerance for Poisonous Example:

Ingredients in Food A new preservative being tested by a food
science lab is allowed under research exemption.
Text: A coloring agent used in candy must comply with
Any poisonous or deleterious substance added to DOH limits; using it beyond these limits makes the
any food shall be deemed to be unsafe, except food unsafe.
when such substance is required or cannot be
avoided in its production or cannot be avoided by Article 27 – Petition for Regulation of Food
good manufacturing practice. In such case, the Additive
Department shall promulgate regulations limiting
the quantity therein in such extent as he finds Text:
necessary for the protection of public health… Any person may file with the Department a
petition proposing the issuance of a regulation
Explanation: prescribing the conditions under which such
Some naturally occurring or production-related additives may be safely used…
substances may be toxic in large amounts but
unavoidable in small amounts despite good
manufacturing practices (GMP). This article
allows regulated tolerances for such substances.
Explanation: b) If it purports to be a recognized drug but fails
This article allows stakeholders (manufacturers, to meet official compendium standards of
researchers, or consumers) to request the DOH strength, safety, efficacy, quality, or purity.
to regulate the safe use of a specific food additive.
The Department reviews petitions, sets safety c) If it is not subject to paragraph (b) and its
conditions, maximum allowable quantities, strength, efficacy, quality, or purity falls below
labeling requirements, and usage instructions. what it claims to possess.
The petition process ensures transparency,
public participation, and scientifically backed d) If mixed or substituted with any substance that
regulations. reduces its safety, efficacy, quality, strength, or
purity.
Requisites:
• Filing a formal petition with DOH. e) If manufacturing methods, facilities, or controls
• Providing details about intended use, do not conform to current good manufacturing
safety studies, and proposed regulations. practice (cGMP).
• Compliance with DOH evaluation
process. Explanation:
This article identifies the conditions under which
Example: drugs and medical devices are considered
A candy manufacturer petitions DOH to approve adulterated. Adulteration can occur due to
a new natural sweetener. DOH evaluates safety, contamination, mislabeling, improper
sets maximum limits, and issues regulations composition, or failure to meet recognized
specifying which products it can be used in. standards. cGMP ensures that manufacturing
processes consistently produce safe, effective,
Article 28 – Effectivity of Regulations and high-quality products.

Text: Requisites:
The regulations promulgated under the • Presence of a drug or device.
preceding articles shall take effect fifteen (15) • Evidence of contamination, improper
days after its publication in a newspaper of composition, mislabeling, or deviation
general circulation but the Department may stay from safety standards.
such effectivity if, after issuance of such order, a • Failure to comply with manufacturing
hearing is sought by any person adversely regulations or official compendiums.
affected by such order.
Example:
Explanation: • A cough syrup containing bacteria due to
Regulations issued by DOH become enforceable unsanitary production is adulterated.
15 days after public announcement, ensuring • A heart medication claiming 50 mg per
stakeholders are aware. If someone is affected by tablet but only containing 30 mg is
the regulation, they can request a hearing, which adulterated.
may temporarily delay enforcement. This • A surgical device manufactured in a
balances public safety with procedural fairness facility not following cGMP is adulterated.
for regulated entities.
Article 30 – Exemption in Case of Drugs and
Requisites: Devices
• Publication in a newspaper of general
circulation. Text:
• Minimum 15-day waiting period before a) The Department may exempt drugs/devices
effectivity. processed, labeled, or repacked elsewhere,
• Provision for stay if a hearing is provided they are not adulterated or mislabeled
requested. upon removal.

Example: b) Certain drugs (habit-forming, toxic,

DOH issues a regulation limiting artificial investigational) may be dispensed only under
sweetener in beverages. The rule becomes prescription and are exempt from some labeling
enforceable 15 days after announcement. A requirements.
beverage manufacturer may request a hearing if
the regulation severely impacts production. c) A drug subject to these conditions is
considered mislabeled if dispensing labels fail to
indicate “Caution: Should not be dispensed
Article 29 – Adulterated Drugs and Devices without prescription.”

Text: Explanation:
A drug or device shall be deemed to be This article provides exemptions for certain drugs
adulterated: and devices to accommodate practical
distribution needs, research, and professional
a) if it contains in whole or in part any filthy, putrid, supervision. Drugs requiring professional
or decomposed substance; if manufactured, administration are protected by prescription
prepared, or held under unsanitary conditions; if rules, preventing misuse and ensuring patient
its container is poisonous; or if it bears any non- safety. Proper labeling remains critical, even for
permissible color. exempt drugs.
 Example:
Requisites: • A pharmaceutical company submits a
• Drugs/devices must not be adulterated or new antibiotic for registration with
mislabeled. complete clinical trials and labeling. DOH
• Exemption applies only under DOH reviews and approves only if it meets all
regulations. safety and efficacy standards.
• Prescription-required drugs must bear • A startup producing a medical device
cautionary statements. submits samples and methods; DOH
inspects the facility before registration is
Example: granted.
• A hospital pharmacy repackaging
antibiotics for patients may be exempt if Article 32 – Dangerous Drugs
products remain safe.
• Morphine (habit-forming) can only be Text:
dispensed with a physician’s The importation, distribution, manufacture,
prescription, and must carry the required compounding, prescription, dispensing, and sale
cautionary label. of dangerous drugs are under the jurisdiction of
the Dangerous Drugs Board as provided by
Article 31 – Licensing and Registration existing laws and regulations.

Text: Explanation:
a) No person shall manufacture, sell, import, This article clarifies that drugs considered
export, distribute, or transfer any drug or device dangerous (e.g., narcotics) are strictly controlled.
unless licensed and registered with the The Dangerous Drugs Board regulates quantities,
Department. importation, production, and stock to prevent
misuse while ensuring availability for medical and
b) Applications require detailed reports, research purposes. Compliance with regulations
composition, manufacturing methods, samples, is mandatory, and oversight ensures public safety
labeling, and other information to ensure safety, and lawful distribution.
efficacy, and quality.
Requisites:
c) The Department evaluates applications within • Classification as a dangerous drug.
180 days, approving or denying based on safety, • Compliance with Dangerous Drugs
efficacy, quality, labeling, and completeness of Board regulations.
information. • Authorized personnel for handling,
prescribing, or dispensing.
d) Applications may be suspended if clinical tests,
new evidence, or untrue statements reveal the Example:
drug/device is unsafe, ineffective, or mislabeled. • Morphine imported for hospital use must
follow the Board’s approved quantity and
e) Regulations exist for investigational drugs used storage rules.
solely by qualified experts. • Unauthorized production or sale of
methamphetamine is illegal and subject
Explanation: to severe penalties.
This article establishes a rigorous framework for
licensing and registration. Drugs and devices Article 33 – Banned or Restricted Drugs
must pass safety, quality, and efficacy tests
before reaching the market. The Department Text:
ensures transparency, accountability, and public Banned or severely restricted drugs for health
protection by evaluating documentation, and safety reasons in their country of origin shall
conducting inspections, and approving only be banned and confiscated, or their uses severely
compliant products. Investigational drugs are restricted, whichever is appropriate, by the
controlled to allow research while safeguarding Department. The Department shall monitor the
public health. market for such drugs and maintain and regularly
publish an updated consolidated list.
Requisites:
• Filing of a complete application under Explanation:
oath. This article empowers the Department of Health
• Submission of clinical studies, to protect public health by banning drugs known
component lists, manufacturing to be harmful in other countries or restricting their
processes, labeling, and samples. use. Continuous monitoring ensures that
• Department evaluation within prescribed dangerous or ineffective drugs are not available
period. in the local market. Publishing a consolidated list
• Compliance with DOH regulations and informs healthcare providers, manufacturers, and
investigational drug rules. consumers of drugs that are banned or restricted,
promoting safety and informed decision-making.
Requisites: b) if it contains filthy, putrid, or decomposed
• Existence of drugs banned or restricted substances.
abroad.
• Evidence that the drug poses health risks c) if prepared, packed, or held under unsanitary
or safety concerns. conditions.
• Enforcement through confiscation,
restriction, and public notification. d) if its container contains harmful substances.

Example: e) if it bears or contains color additives other than

• A drug banned in the U.S. for causing those permitted (except hair dyes).
severe liver damage cannot be sold in the
Philippines and is included in the DOH f) if any substance is mixed or substituted
banned drugs list. reducing quality or strength.
• Certain weight-loss drugs with unsafe
stimulants may be restricted to Explanation:
prescription-only use if deemed This article ensures cosmetics are safe for human
acceptable under supervision. use. Adulteration may result from harmful
ingredients, contamination, or improper handling.
Article 34 – Certification of Certain Drugs Hair dyes are a special case; proper warnings and
Containing Antibiotics preliminary testing instructions mitigate risks.
Consistent enforcement prevents harm and
Text: consumer deception.
a) The Department shall provide for certification
of batches of drugs composed wholly or partially Requisites:
of antibiotics to ensure safety, efficacy, and • Presence of cosmetic product.
quality. • Evidence of harmful ingredients,
contamination, or mislabeling.
b) The Department may exempt drugs or classes • Compliance with color additive
of drugs from such certification if deemed regulations.
unnecessary for safety and efficacy.
Example:
c) The Department may also exempt drugs • A lipstick containing lead above
processed, labeled, or repacked elsewhere, permissible limits is adulterated.
provided they comply with all requirements upon • A face cream produced in an unsanitary
removal from such establishments. facility is adulterated.
• Hair dye with proper caution labeling is
Explanation: not considered adulterated.
This article ensures that antibiotics meet strict
standards because improper antibiotics can Article 36 – Factory Inspection
cause resistance or treatment failure. Certification
guarantees that each batch meets identity, Text:
strength, quality, and purity standards. a) Department officers may inspect factories,
Exemptions allow flexibility for manufacturing, warehouses, and vehicles used for
research, or repackaging while maintaining public manufacturing, processing, packing, or holding
safety. food, drugs, devices, or cosmetics.

Requisites: b) Samples obtained must be receipted to the

• Drugs contain antibiotics. owner or operator.
• Batches must be tested for identity,
strength, quality, and purity. c) Analysis results of inspected samples must be
• Compliance with Department promptly shared with the owner or operator.
regulations, except in authorized
exemptions. Explanation:
This article grants the Department authority to
Example: conduct inspections to ensure products meet
• A batch of amoxicillin is tested and safety and quality standards. Inspections help
certified to ensure the proper dosage per detect adulteration, mislabeling, or unsafe
capsule. practices before products reach consumers.
• Antibiotics repackaged by a hospital Requiring receipts and sharing results ensures
pharmacy may be exempt if testing transparency and due process.
confirms compliance with safety
standards. Requisites:
• Products in production, storage, or
Article 35 – Adulterated Cosmetics transport.
• Department officers with credentials.
Text: • Authority to collect samples and inspect
A cosmetic shall be deemed adulterated: facilities.
a) if it contains poisonous or harmful substances
injurious under normal use, except for hair dyes
with proper caution labeling.
Example: Explanation:
• DOH officers inspect a cosmetics factory, This article ensures that antibiotics meet strict
collect samples of face cream, and standards because improper antibiotics can
provide the receipt to the owner. cause resistance or treatment failure. Certification
• A warehouse storing imported drugs is guarantees that each batch meets identity,
inspected to verify proper storage strength, quality, and purity standards.
conditions. Exemptions allow flexibility for manufacturing,
Article 33 – Banned or Restricted Drugs research, or repackaging while maintaining public
safety.
Text:
Banned or severely restricted drugs for health Requisites:
and safety reasons in their country of origin shall • Drugs contain antibiotics.
be banned and confiscated, or their uses severely • Batches must be tested for identity,
restricted, whichever is appropriate, by the strength, quality, and purity.
Department. The Department shall monitor the • Compliance with Department
market for such drugs and maintain and regularly regulations, except in authorized
publish an updated consolidated list. exemptions.

Explanation: Example:
This article empowers the Department of Health • A batch of amoxicillin is tested and
to protect public health by banning drugs known certified to ensure the proper dosage per
to be harmful in other countries or restricting their capsule.
use. Continuous monitoring ensures that • Antibiotics repackaged by a hospital
dangerous or ineffective drugs are not available pharmacy may be exempt if testing
in the local market. Publishing a consolidated list confirms compliance with safety
informs healthcare providers, manufacturers, and standards.
consumers of drugs that are banned or restricted,
promoting safety and informed decision-making. Article 35 – Adulterated Cosmetics

Requisites: Text:
• Existence of drugs banned or restricted A cosmetic shall be deemed adulterated:
abroad.
• Evidence that the drug poses health risks a) if it contains poisonous or harmful substances
or safety concerns. injurious under normal use, except for hair dyes
• Enforcement through confiscation, with proper caution labeling.
restriction, and public notification.
b) if it contains filthy, putrid, or decomposed
Example: substances.
• A drug banned in the U.S. for causing
severe liver damage cannot be sold in the c) if prepared, packed, or held under unsanitary
Philippines and is included in the DOH conditions.
banned drugs list.
• Certain weight-loss drugs with unsafe d) if its container contains harmful substances.
stimulants may be restricted to
prescription-only use if deemed e) if it bears or contains color additives other than
acceptable under supervision. those permitted (except hair dyes).

Article 34 – Certification of Certain Drugs f) if any substance is mixed or substituted

Containing Antibiotics reducing quality or strength.

Text: Explanation:
a) The Department shall provide for certification This article ensures cosmetics are safe for human
of batches of drugs composed wholly or partially use. Adulteration may result from harmful
of antibiotics to ensure safety, efficacy, and ingredients, contamination, or improper handling.
quality. Hair dyes are a special case; proper warnings and
preliminary testing instructions mitigate risks.
b) The Department may exempt drugs or classes Consistent enforcement prevents harm and
of drugs from such certification if deemed consumer deception.
unnecessary for safety and efficacy.
Requisites:
c) The Department may also exempt drugs • Presence of cosmetic product.
processed, labeled, or repacked elsewhere, • Evidence of harmful ingredients,
provided they comply with all requirements upon contamination, or mislabeling.
removal from such establishments. • Compliance with color additive
regulations.
Example: products from reaching consumers while allowing
• A lipstick containing lead above controlled testing and evaluation.
permissible limits is adulterated.
• A face cream produced in an unsanitary Requisites:
facility is adulterated. • Products suspected of being harmful to
• Hair dye with proper caution labeling is health.
not considered adulterated. • Uncertainty regarding safety after
entering commerce.
Article 36 – Factory Inspection • Department investigation and issuance of
provisional permit.
Text:
a) Department officers may inspect factories, Example:
warehouses, and vehicles used for • A new imported dietary supplement is
manufacturing, processing, packing, or holding suspected of causing liver toxicity. The
food, drugs, devices, or cosmetics. DOH issues a provisional permit allowing
controlled sale to certain distributors
b) Samples obtained must be receipted to the while lab tests are conducted.
owner or operator.
Article 38 – Publicity and Publication
c) Analysis results of inspected samples must be
promptly shared with the owner or operator. Text:
a) The Department may disseminate information
Explanation: regarding food, drugs, devices, or cosmetics in
This article grants the Department authority to cases of imminent danger to health or gross
conduct inspections to ensure products meet deception to consumers.
safety and quality standards. Inspections help
detect adulteration, mislabeling, or unsafe b) The Department shall publish a Drug
practices before products reach consumers. Reference Manual and Drug Bulletin as
Requiring receipts and sharing results ensures references for manufacturers, distributors,
transparency and due process. physicians, consumers, and other stakeholders.

Requisites: Explanation:
• Products in production, storage, or This ensures transparency and consumer
transport. awareness. In emergencies or cases of
• Department officers with credentials. misleading products, the Department informs the
• Authority to collect samples and inspect public promptly. Publishing manuals and bulletins
facilities. standardizes information on drug safety, efficacy,
and proper use, supporting safe decision-making
Example: and professional guidance.
• DOH officers inspect a cosmetics factory,
collect samples of face cream, and Requisites:
provide the receipt to the owner. • Existence of imminent health risk or
• A warehouse storing imported drugs is deceptive practices.
inspected to verify proper storage • Authority of the Department to
conditions. disseminate information.
• Provision of reference materials for
public and professional use.

Article 37 – Provisional Permits Example:

Text: • DOH issues a public warning against a
Whenever the Department finds, after contaminated batch of cough syrup.
investigation, that the sale or distribution of any • The Drug Reference Manual provides
class of food, cosmetics, drugs, or devices may registered antibiotics and their approved
be injurious to health, and that such injurious dosages for pharmacists.
nature cannot be adequately determined after
entry into commerce, it shall issue regulations for Article 39 – Administrative Sanctions
provisional permits. No person shall offer for sale
or transfer any such products unless holding such Text:
permit. The Department may impose fines of not less than
₱1,000 but not more than ₱5,000 for any violation
Explanation: of this Act, after notice and hearing.
This provision allows the Department to
temporarily regulate the sale or distribution of Explanation (Detailed):
products suspected of being harmful but not fully This provision allows the Department to enforce
tested. Provisional permits ensure that compliance by penalizing violations
manufacturers, processors, or packers can administratively. Fines are applied after due
operate while under specific conditions to protect process to ensure fairness. Sanctions provide a
public health. This acts as a precautionary deterrent effect, encouraging manufacturers and
measure, preventing potentially dangerous distributors to follow safety, quality, and labeling
standards.
Requisites:
• Violation of the Act. Article 41 – Penalties
• Notice and opportunity for hearing.
• Discretionary fine within prescribed Text:
limits. a) Violators of Article 40 shall be subject to
imprisonment of 1–5 years, a fine of ₱5,000–
Example: ₱10,000, or both, at the Court’s discretion. If a
• A manufacturer failing to comply with juridical person commits the offense, responsible
proper labeling of food products may be officers shall be penalized.
fined ₱3,000 after hearing.
b) Exemptions apply for good faith actions,
Article 40 – Prohibited Acts verified guaranties, or color additives within
permissible limits.
Text:
The following acts are prohibited: Explanation (Detailed):
a) Manufacture, import, sale, distribution, or This article establishes legal consequences for
transfer of adulterated or mislabeled products. prohibited acts to ensure accountability. Penalties
apply to both individuals and corporate officers
b) Adulteration or misbranding of products. directly responsible for violations. Exemptions
protect parties who acted in good faith or relied
c) Refusal to allow authorized inspection. on verified information, preventing unjust
punishment.
d) Giving false guaranties or undertakings.
Requisites:
e) Forgery or unauthorized use of official marks, • Commission of prohibited act under
labels, or stamps. Article 40.
• Determination of responsibility (individual
f) Misuse of trade secrets. or corporate).
• Court judgment or administrative
g) Alteration, mutilation, or removal of labeling verification.
resulting in adulteration or mislabeling. • Exemptions apply for documented good
faith compliance.
h) Misrepresentation in drug labeling or
advertising. Example:
• A manufacturer selling mislabeled drugs
i) Improper reference to reports or analyses in knowing it to be false may face
labeling or promotion. imprisonment and fines.
• A distributor who sold a mislabeled
j) Sale or distribution of unregistered drugs or product in good faith, relying on the
devices. manufacturer’s verified guaranty, is
exempt from penalties.
k) Sale or distribution of drugs or devices without
a license.

l) Sale of expired products. Article 42 – Mislabeled Food, Drugs, Devices,

or Cosmetics
m) Release of drug batches without required
certification. Text:
A product shall be deemed mislabeled if it bears
Explanation (Detailed): a label which is false or misleading in any
This article lists specific actions that directly particular, or fails to bear labeling as required
endanger consumers or compromise regulatory under this Act.
control. It covers mislabeling, false guarantees,
unauthorized product modifications, and failure to Explanation (Detailed):
comply with licensing and registration rules. The Mislabeled products misinform consumers about
broad scope ensures protection against both what they are buying. This includes false claims,
intentional fraud and negligence. incomplete information, or omission of required
warnings. Labels must clearly communicate the
Requisites: product’s content, safety instructions, directions
• Committed act as listed in a–m. for use, and manufacturer details. This protects
• Product falls under the jurisdiction of the consumers from deception and ensures informed
Act. choices.
• Evidence that the act occurred
(inspection, reports, samples, Requisites:
documentation). • Presence of a product in commerce.
• Label contains false, misleading, or
Example: missing information.
• A distributor selling expired antibiotics • Failure to meet the labeling standards
commits a prohibited act. under the Act.
• A company using fake certification labels
on cosmetics violates the law.
Example: Example:
• A shampoo labeled “100% herbal” but • A factory manager selling cosmetic
containing synthetic chemicals is products with false ingredient claims may
considered mislabeled. be fined and imprisoned.
• A pain reliever missing dosage
instructions violates labeling Article 45 – Registration of Drugs and Devices
requirements.
Text:
Article 43 – Prohibited Acts Relating to No person shall manufacture, sell, import, export,
Mislabeled Products distribute, or transfer any drug or device unless it
is registered with the Department of Health and
Text: complies with all requirements of this Act.
It is prohibited to:
a) Introduce or deliver for introduction into Explanation (Detailed):
commerce any mislabeled or banned product. Registration ensures that all drugs and devices in
b) Alter, remove, or destroy labels while the the market meet safety, efficacy, and quality
product is in commerce. standards. The process requires submission of
c) Receive and distribute mislabeled products at clinical studies, composition details, labeling,
cost or otherwise. manufacturing methods, and samples.
d) Give false guaranties or undertakings Registration prevents harmful or untested
regarding product safety. products from entering commerce.

Explanation (Detailed): Requisites:

This article addresses the handling and • Submission of complete application
circulation of mislabeled or banned products. under oath.
Altering labels or distributing unsafe products • Product meets safety, quality, and
spreads risk to consumers. False guaranties efficacy standards.
increase liability, as they mislead buyers about • Department review and approval before
safety or compliance. This ensures accountability marketing.
throughout the supply chain.
Example:
Requisites: • A new antibiotic must be registered with
• Product is mislabeled or banned. DOH before it can be legally sold in
• Action involves introduction, distribution, pharmacies.
or alteration of labeling.
• The act results in consumer risk or Article 46 – Prohibited Acts
misrepresentation.
Text:
Example: It shall be unlawful for any person to:
• A distributor importing cosmetics with a) Introduce or deliver mislabeled or banned
removed expiration dates violates this hazardous substances.
article. b) Alter or remove labels of such substances in
• Selling mislabeled antibiotics after commerce.
providing false safety guarantees is c) Receive and distribute mislabeled products.
prohibited. d) Give false guaranties.
e) Use hazardous substances in containers
Article 44 – Penalties for Mislabeled or Banned identifiable as food, drug, cosmetic, or device
Products containers.

Text: Explanation (Detailed):

Violators shall be subject to imprisonment of 1–5 This article emphasizes the severity of handling
years, fines of ₱5,000–₱10,000, or both. hazardous substances. Using misleading
Responsible corporate officers are also liable. containers or removing labels increases risk of
poisoning or injury. False guaranties mislead
Explanation (Detailed): consumers about safety. The law holds all parties
This provides strong deterrence for improper in the supply chain accountable for proper
labeling practices. Penalties apply both to handling and labeling.
individuals and corporate officers, ensuring that
companies maintain strict quality control. Good Requisites:
faith exemptions apply if the distributor relied on • Product contains hazardous substances.
verified information from a reputable source. • Acts involve introduction, distribution,
label alteration, or misrepresentation.
Requisites: • Potential risk to public health exists.
• Mislabeled or banned product involved.
• Proof of violation by individual or Example:
corporate officer. • Filling a recycled food jar with toxic
• Court judgment or administrative cleaning fluid is a direct violation.
determination. • Distributing mislabeled pesticides as
fertilizers without proper labels is
prohibited.
Article 47 – Administrative Powers and
Inspections

Text:
The Department may inspect factories,
warehouses, and vehicles transporting food,
drugs, devices, or cosmetics. Samples may be
collected, and owners must be given receipts and
analysis results.

Explanation (Detailed):
Inspections ensure compliance with safety,
quality, and labeling standards. Officers can
check materials, containers, finished products,
and labeling. Samples are analyzed to detect
contamination, adulteration, or mislabeling.
Owners are given documentation to maintain
transparency and accountability.

Requisites:
• Department authority to inspect.
• Presence of products in production,
storage, or transport.
• Collection of samples and provision of
receipts.

Example:
• DOH inspectors take a sample of bottled
juice for lab testing and issue a receipt to
the manufacturer.
 Title III – Protection Against
Deceptive, Unfair, and Subparts:
Unconcsionable Sales Acts or a) False claims about sponsorship, approval,
Practices performance, characteristics, ingredients,
accessories, uses, or benefits
CHAPTER I – DECEPTIVE, UNFAIR, • Explanation: Seller cannot claim the
AND UNCONSCIONABLE SALES product has approvals or abilities it
ACTS OR PRACTICES doesn’t.
• Example: Claiming a skin cream is FDA-
approved when it is not.
Article 48 – Declaration of Policy

Text: b) Misrepresentation of standard, quality, grade,

The State shall promote and encourage fair, style, or model
honest and equitable relations among parties in • Explanation: Cannot sell a low-quality
consumer transactions and protect the consumer product as premium.
against deceptive, unfair and unconscionable • Example: Selling a “Grade A rice” that is
sales acts or practices. actually mixed with broken grains.

Explanation: c) Selling altered, reconditioned, reclaimed, or

• The government wants fairness and second-hand as new
honesty in all transactions between • Explanation: Consumers must not be
sellers and consumers. misled into buying old products as new.
• Consumers should be protected from • Example: Selling refurbished laptops as
businesses that lie, mislead, or brand new.
manipulate them.
• The law sets the goal of balance: both d) Misrepresenting availability reasons
parties should benefit, and consumers • Explanation: You can’t lie about why a
should not be exploited. product is being sold or limited.
• Example: Claiming “limited stock due to
Example: high demand” when there is plenty in
• A cellphone seller must clearly state inventory.
battery life. Selling a phone claiming “all-
day battery” that dies in 3 hours is a e) Not supplying product as represented
violation. • Explanation: The product must match
what was promised.
Article 49 – Implementing Agency • Example: Advertising a blender with a 5-
year warranty but only giving a 1-year
Text: warranty.
The Department of Trade and Industry, hereby
referred to as the Department, shall enforce the f) Misrepresenting quantity availability
provisions of this Chapter. • Explanation: You can’t claim more units
are available than what actually exists.
Explanation: • Example: Claiming “100 units in stock”
• The DTI is responsible for ensuring that when only 10 are available.
sellers follow these rules.
• They investigate complaints, impose g) Misrepresenting need for service/repair
fines, and stop violations. • Explanation: Consumers cannot be
tricked into unnecessary repairs.
Example: • Example: Telling a car owner their brakes
• DTI investigates a company that need replacement when they don’t.
advertises a blender as “industrial
strength” but it breaks under normal h) False claims of price advantage
home use. • Explanation: Sellers cannot falsely
advertise discounts or deals.
Article 50 – Prohibition Against Deceptive • Example: Saying “50% off” when the
Sales Acts or Practices price is the same as usual.

Text: i) Misrepresentation of warranties or terms

An act is deceptive if it induces a consumer to • Explanation: Cannot give fake warranties
enter a transaction through concealment, false or misrepresent existing ones.
representation, or fraudulent manipulation. • Example: Claiming a phone has a 2-year
warranty when only 6 months is covered.
Explanation:
• Deceptive acts can happen before, j) False claims of sponsorship, approval, or
during, or after a sale. affiliation
• Any misrepresentation, hiding facts, or • Explanation: Cannot falsely associate a
tricking a consumer is considered illegal. product with a reputable company or
organization.
• Example: Claiming a toy is endorsed by a
famous cartoon studio when it is not.
 • Example: A contract that allows seller to
cancel service anytime but the consumer
Article 51 – Deceptive Sales Acts or Practices cannot.
by Regulation
Article 53 – Chain Distribution Plans or
Text: Pyramid Sales Schemes
The Department may declare acts deceptive
beyond those in Article 50. Explanation:
• Selling through pyramid schemes or
Explanation: chain distribution plans is illegal.
• Allows DTI to update and expand what is • Prevents scams where profit comes
considered deceptive. mainly from recruitment, not product
• Ensures emerging or new forms of sales.
deception are covered by law.
• Due notice and hearings are required Example:
before declaring an act deceptive. • A “membership kit” business promises
profits only if you recruit others, not from
Example: actual product sales.
• A company claims its “eco-friendly
detergent” is biodegradable, but it is not. Article 54 – Home Solicitation Sales
DTI can regulate it as deceptive.
Explanation:
Article 52 – Unfair or Unconscionable Sales • Sales at the consumer’s home require
Acts or Practices DTI permit.
• Protects consumers from surprise or
Text: coercive home sales.
An act is unfair or unconscionable if it exploits a
consumer’s ignorance, infirmity, lack of time, or Example:
environmental conditions, resulting in a grossly • Door-to-door selling of kitchen
one-sided transaction. appliances must be authorized by DTI.

Explanation: Article 55 – Home Solicitation Sales; When

• Protects vulnerable consumers from Conducted
sellers taking advantage of them.
• Focuses on gross imbalance that heavily Explanation:
favors the seller. • Can only be conducted 9 AM – 7 PM,
unless consumer agrees otherwise.
Subparts: • Protects consumers’ privacy and
prevents harassment.
a) Consumer cannot understand agreement due
to language or literacy Example:
• Explanation: Exploiting language barriers • A salesperson cannot knock at 8 PM
or lack of knowledge is prohibited. unless you agreed.
• Example: A contract in English is sold to
a consumer who only understands Article 56 – Home Solicitation Sales; by Whom
Tagalog without proper explanation. Conducted

b) Price grossly exceeds market price Explanation:

• Explanation: Charging far above market • Only authorized representatives may
value is unfair. conduct home sales.
• Example: Selling a water filter at ₱50,000 • Must carry proper ID and proof of
when similar products cost ₱5,000. authority.

c) Consumer unable to gain substantial benefit Example:

• Explanation: Product or service gives no • A salesperson must show a company ID
real benefit compared to what is paid. before selling at your house.
• Example: Paying for a weight-loss
program that provides only diet advice Article 57 – Receipts for Home Solicitation
available online for free. Sales

d) Seller aware consumer likely cannot pay Explanation:

• Explanation: Exploiting financial inability • All sales must have receipts as proof of
is unconscionable. purchase.
• Example: Selling high-interest loans to • Ensures accountability and consumer
low-income individuals knowing they protection.
cannot repay.
Example:
e) Transaction excessively one-sided • Buying a blender at home requires a
• Explanation: Terms favor seller unfairly. printed or written receipt.
 meters) comply with the law. The use of the
Metric System is specifically enforced by the
Department of Trade and Industry (DTI) to
maintain uniformity across the country. This
Article 58 – Prohibited Representations ensures fairness in trade and prevents
consumers from being shortchanged.
Subparts:
Requisites:
a) Buyer specially selected • Identification of responsible local
• Cannot falsely claim exclusivity. treasurer or DTI.
• Example: “You are one of three people • Presence of instruments used in trade.
selected for this offer” when false. • Legal compliance with metric system
standards.
b) Survey, test, or research conducted
• Cannot mislead buyer into thinking Example:
product evaluation is happening. A grocery store weighing rice for sale must have
• Example: Claiming a home survey is its scale certified by the city treasurer to
being done to pressure a sale. guarantee that 1 kilogram is exactly 1 kilogram. If
it uses pounds instead, the DTI ensures
c) Special offer to few persons only for limited conversion accuracy or enforcement of metric
time usage.
• Cannot create false urgency.
• Example: “Limited offer, only today!” Article 62 – Sealing and Testing of Instruments
when not true. of Weights and Measure

Article 59 – Referral Sales Explanation:

All instruments for measuring weights or volumes
Explanation: must be tested, calibrated, and sealed every six
• Referral selling allowed only if written months. This ensures accuracy and prevents
undertaking promises specific fraud. The official sealer, usually the treasurer or
compensation. their representative, performs the inspection.
• Protects buyers from false promises. Instruments must also be continuously monitored
for compliance. Fees for these services are
Example: applied as per existing law. This regular testing
• A buyer refers a friend and is promised guarantees that buyers receive what they pay for
₱500 per purchase. This must be in and sellers are protected from disputes.
writing.
Requisites:
Article 60 – Penalties • Instrument in commercial use.
• Payment of required fees.
Subparts: • Periodic testing, calibration, and sealing
(every six months).
a) Fines and imprisonment
• Fine: ₱500–₱10,000 Example:
• Imprisonment: 5 months–1 year A fuel station must have its fuel dispensers
• Court discretion applies. calibrated and sealed every six months. If a
dispenser gives more or less than the actual liters
b) Additional remedies indicated, it constitutes a violation.
• Court may grant injunctions, actual
damages, or other orders to redress Article 63 – Use of Metric System
consumer harm.
Explanation:
Example: All commercial transactions, contracts, official
• A company caught in false advertising documents, and legal instruments must use the
may be fined ₱5,000 and ordered to Metric System for weights and measures.
compensate affected consumers. Additionally, the DTI sets standard measurements
for consumer goods like garments and shoes to
ensure consistency and prevent
misrepresentation. This law ensures a uniform
CHAPTER II – REGULATION OF system of trade measurements across the
PRACTICES RELATIVE TO WEIGHTS country.
AND MEASURES
Requisites:
Article 61 – Implementing Agency • Adoption of metric units for all
transactions.
Explanation: • Standardized measurements for
The enforcement of weights and measures is consumer products.
primarily the responsibility of local government
treasurers—provincial, city, or municipal. These
officials ensure that all measuring instruments
used in commerce (like scales, balances, and
Example: • Example: Selling rice by a scale that has
Shoes sold as size “42” must correspond to the expired its certification is punishable.
metric standard for foot length established by DTI,
preventing confusion between international sizing h) Altering Instruments After Sealing
systems. • Tampering with the accuracy of
instruments after official sealing is illegal.
PROHIBITED ACTS • Example: Adjusting a balance to give less
weight than indicated after sealing.
Article 64 – Fraudulent Practices Relative to
Weights and Measures i) Using False Scales
• Using knowingly false or inaccurate
Explanation: instruments, whether sealed or not, is
This article lists acts that are illegal because they prohibited.
compromise the integrity of weights and • Example: A shopkeeper keeps a rigged
measures. Each prohibited act ensures honesty balance to give customers less than what
and fairness in trade. they pay for.

Subsections Explained with Examples: j) Giving Short Weight

• Deliberately selling less than what is paid
a) Unauthorized Tagging or Sealing for violates the law.
• Only official sealers or their authorized • Example: Selling 950 grams of sugar but
representatives can attach tags, seals, or charging for 1 kilogram.
stamps to certify a measuring instrument.
• Example: A store employee cannot put a k) Misrepresenting Weight or Measure
“certified” sticker on a balance—it must • Claiming an item weighs more than it
be done by the treasurer’s office. does in order to cheat the buyer is
prohibited.
b) Imitating Official Seals • Example: Advertising a 1-liter bottle of
• No one can create or use fake tags, seals, juice that actually contains 900 ml.
or stamps to falsely certify an instrument.
• Example: Making a sticker that looks like l) Procuring Others to Commit Offenses
a government seal to trick consumers is • Inducing or instructing someone else to
illegal. commit any of the prohibited acts is also
illegal.
c) Altering Certificates or Receipts • Example: A store owner telling an
• Only authorized sealers can issue or employee to alter scales to cheat
modify official documents acknowledging customers.
proper calibration.
• Example: Changing the date or reading Additional Note:
on a calibration certificate to avoid Officially sealed instruments that remain accurate
recalibration. and unaltered shall be promptly resealed without
penalty, except for any legally fixed surcharge.
d) Selling or Using False Seals
• Using counterfeit seals or the tools to Article 65 – Penalties
make them is prohibited.
• Example: Producing fake calibration Explanation:
certificates or using fake stamps to pass Violations of Article 64 are punishable based on
off an inaccurate scale. the severity of the offense and which subsection
was violated.
e) Altering Official Figures or Labels
• Only authorized sealers can write or Subsections and Penalties:
change any official information on tags,
certificates, or labels. a) Violations of (a)–(f) and (l):
• Example: Modifying the weight unit on a • Fine: ₱200 – ₱1,000
sealed scale is illegal. • Imprisonment: up to 1 year, or both.
• Example: Using a fake seal or altering a
f) Reusing Altered or Expired Seals certificate.
• Reusing damaged, expired, or restored
seals to make instruments appear b) Violation of (g) – using unsealed or expired
officially certified is prohibited. instruments:
• Example: Applying an old seal from a • First-time offenders: Fine ₱500
previous calibration onto a new, untested • Imprisonment: 1 month – 5 years, or both.
scale. • Example: Selling goods with a scale
whose license has expired.
g) Unsealed Instruments in Commercial Use
• Any scale or measuring instrument used c) Violations of (h)–(k) – tampering,
in trade must be sealed and licensed. misrepresentation, giving short weight:
Using unsealed or expired instruments • Fine: ₱300 minimum
violates the law. • Imprisonment: up to 1 year, or both.
 • Example: Adjusting a sealed scale to Customer must present warranty card and
cheat customers or deliberately receipt. Repair cost covered by ABC.”
misrepresenting weight.
b) Express Warranty – Operative from Sale
✅ This chapter ensures fairness in trade and 1. Sales Report: Distributors must report
protects consumers from fraud involving weights, sales to manufacturers within 30 days,
measures, and scales. Every violation has specific including purchase date, product model,
fines or imprisonment depending on its nature serial number, and buyer info. This report
and severity. acts as warranty registration.
o Example: Distributor of
smartphones reports all sales to
CHAPTER III – CONSUMER PRODUCT the manufacturer to activate
warranty coverage.
AND SERVICE WARRANTIES
2. Failure to Report: If the distributor fails
to report, the manufacturer is not liable,
Article 66 – Implementing Agency
but the distributor becomes personally
responsible.
Explanation:
o Example: Distributor neglects to
The Department of Trade and Industry (DTI) is
report phone sales; buyers can
responsible for enforcing the provisions
claim warranty from the
regarding warranties on consumer products and
distributor instead of the
services. They ensure sellers, manufacturers, and
manufacturer.
service providers comply with warranty rules,
3. Retail Liability: Retailers are subsidiarily
protecting consumers from unfair practices.
liable if both manufacturer and distributor
fail to honor warranty. They may recover
Example:
costs from manufacturer/distributor.
DTI may inspect appliance manufacturers to
o Example: A store repairs a
verify if warranty terms are being honored when
defective laptop when the
consumers report defects.
manufacturer/distributor refuses,
then seeks reimbursement.
Article 67 – Applicable Law on Warranties
4. Enforcement: Consumers only need the
warranty card or official receipt plus the
Explanation:
product. Immediate sellers must honor
All contracts of sale with conditions and
the warranty without additional
warranties are governed by the Civil Code. This
documents.
means standard warranty rules under the Civil
o Example: Presenting a vacuum
Code apply unless supplemented by the
cleaner with warranty card to
Consumer Act provisions. It ensures consistency
retailer immediately triggers
in legal interpretation.
repair service.
5. Record of Purchases: Distributors and
Example:
retailers must maintain records of all
If a TV purchased has a defect, the buyer may rely
purchases under warranty for the
on Civil Code provisions for implied warranties of
duration of the product’s warranty.
merchantability as well as any express warranties.
o Example: Records of
refrigerators sold under 2-year
Article 68 – Additional Provisions on
warranty must be kept for at least
Warranties
2 years.
6. Contrary Agreements: Any agreement
a) Terms of Express Warranty
contradicting these rules is null and void.
Explanation:
o Example: A seller cannot
An express warranty is a written or spoken
contractually deny a consumer’s
promise by a seller/manufacturer about a
warranty rights.
product. The law requires the warranty to:
1. Be written in clear language and identify
c) Designation of Warranties
the warrantor.
• Full Warranty: Meets minimum
2. Identify who the warranty applies to.
standards (detailed coverage, free repair,
3. Specify which products or parts are
replacement, or refund).
covered.
• Limited Warranty: Does not meet full
4. Describe what the warrantor will do if
standards.
there is a defect (repair, replace) and at
whose expense.
Example:
5. Explain what the consumer must do to
A “Full Warranty” on a TV covers free repair,
claim the warranty.
replacement, or refund; a “Limited Warranty” may
6. State the period within which the
cover only specific parts.
warrantor must act after notice of defect.

Example:
A washing machine warranty states:
“Manufacturer ABC guarantees repair of defects
in the motor for 1 year from date of purchase.
d) Minimum Standards for Warranties Article 71 – Guaranty of Service Firms
• Products must be remedied within
reasonable time at no cost for defects. Explanation:
• If defects persist after reasonable Service providers must guarantee workmanship
attempts, the consumer can choose and replacement of parts for at least 90 days and
refund or replacement. indicate this on invoices.
• No obligation if defects are due to
unreasonable use. Example:
A car repair shop guarantees that replaced brake
Example: pads will function properly for 90 days.
A blender fails repeatedly within warranty;
manufacturer must repair or replace it. If the Article 72 – Prohibited Acts
blender was misused, warranty may not apply. 1. Refusal to Honor Warranty: No valid legal
reason for ignoring warranty.
e) Duration of Warranty 2. Unreasonable Delay: Cannot delay
• Parties can agree on express warranty warranty service unreasonably.
duration. 3. Removing Warranty Card: Cannot
• Implied warranties (merchantability) run remove warranty card to evade liability.
equal to express warranty. 4. False Advertisement: Cannot falsely
• Other implied warranties last 60 days to claim a warranty exists.
1 year for new products.
Example:
Example: A seller cannot advertise a 1-year warranty on a
Smartphone sold with 1-year express warranty washing machine and then refuse to honor it.
also has 1-year implied warranty.
Article 73 – Penalties
f) Breach of Warranties 1. Violation of Article 67 (Civil Code
1. Express Warranty: Consumer may warranty provisions):
request repair or refund. Repairs must be o Fine: ₱500 – ₱5,000
done within 30 days, extendable for o Imprisonment: 3 months – 2
reasons beyond control. Refund deducts years, or both.
usage value. o Second conviction may also lead
o Example: Laptop repair required; to revocation of business permit.
if not fixed in 30 days, buyer may 2. Other Illegal Acts under Chapter III:
request refund minus o Fine: ₱1,000 – ₱50,000
depreciation. o Imprisonment: 1 – 5 years, or
2. Implied Warranty: Consumer may keep both.
goods and claim damages, or reject
goods and recover purchase price. Note: These penalties are in addition to any
o Example: Defective chair is liability under the warranty itself.
returned to seller, refund plus
compensation for Example:
inconvenience. A seller who refuses to repair a defective
appliance and advertises a false warranty could
Article 69 – Warranties in Supply of Services face fines and imprisonment, and must still honor
the consumer’s claim.
Explanation:
Service contracts include implied warranties: ✅ Summary:
• Services must be performed with due Chapter III ensures that consumers are protected
care and skill. against defective products and poor service,
• Materials used must be suitable for the providing clear standards for warranties,
intended purpose. registration, claims, and enforcement.
Manufacturers, distributors, and retailers all have
Example: responsibilities, and penalties apply for non-
Plumber hired to fix a pipe must perform work compliance.
skillfully and use quality materials appropriate for
the job.
CHAPTER IV – LABELING AND FAIR
Article 70 – Professional Services PACKAGING – Full Sentence-by-
Sentence Explanation
Explanation:
Warranty provisions do not apply to professional
Article 74 – Declaration of Policy
services of licensed professionals (e.g.,
accountants, engineers, doctors, lawyers). They
Text: “The State shall enforce compulsory
are subject to professional standards instead.
labeling, and fair packaging to enable the
consumer to obtain accurate information as to the
Example:
nature, quality and quantity of the contents of
A lawyer cannot be forced to offer a refund for
consumer products and to facilitate his
professional advice; liability is determined under
comparison of the value of such products.”
professional ethics and malpractice law.
 Text (Exceptions): “The prohibition in this Chapter
Explanation: shall not apply to persons engaged in the
• “The State shall enforce compulsory business of wholesale or retail distributors of
labeling, and fair packaging” → The consumer products except to the extent that such
government requires all products to have persons: a) are engaged in the packaging or
labels and packaging that is fair (not labeling of such products; b) prescribe or specify
misleading). by any means the manner in which such products
• “to enable the consumer to obtain are packaged or labeled; or c) having knowledge,
accurate information as to the nature, refuse to disclose the source of the mislabeled or
quality and quantity of the contents” → mispackaged products.”
The consumer should know exactly:
o What the product is (nature) Explanation:
o How good it is (quality) • Wholesalers/retailers are not
o How much of it there is (quantity) automatically liable unless:
• “to facilitate his comparison of the value a) They personally label the products →
of such products” → Helps the consumer Example: A store repackages bulk candy
compare prices and make informed in smaller bags and mislabels it.
choices. b) They instruct someone else how to
label incorrectly → Example: Telling a
Example: A 1-liter bottle of orange juice must supplier to put “100% organic” when it’s
clearly say: “100% Orange Juice, 1 liter, Vitamin not.
C content: 50mg.” This allows buyers to compare c) They know the product is mislabeled
it with other brands. and hide the source → Example: Selling
fake imported coffee but not telling
Article 75 – Implementing Agency buyers.

Text: “The Department of Trade and Industry shall Article 77 – Minimum Labeling Requirements
enforce the provisions of this Chapter and its for Consumer Products
implementing rules and regulations: Provided,
That with respect to food, drugs, cosmetics, Text: “All consumer products domestically sold
devices and hazardous substances, it shall be whether manufactured locally or imported shall
enforced by the concerned department.” indicate the following in their respective labels of
packaging:”
Explanation:
• “The Department of Trade and Industry Explanation: Every product must show this
shall enforce the provisions” → DTI is the information on its label, regardless of origin.
main agency that ensures labels and
packaging are correct. Subpoints (sentence-by-sentence):
• “Provided, That with respect to food,
drugs, cosmetics, devices and hazardous a) “its correct and registered trade name or
substances, it shall be enforced by the brand name;” → Shows the official name of the
concerned department.” → Specialized product.
agencies handle specific items: • Example: Nestlé Milo.
o FDA handles food, drugs,
cosmetics, medical devices b) “its duly registered trademark;” → Shows
o Other relevant departments legal protection of logo/brand.
handle hazardous substances • Example: Milo ® logo.

Example: Shampoo labeling → DTI; Painkillers c) “its duly registered business name;” →
labeling → FDA. Identifies the company legally responsible.
• Example: Nestlé Philippines, Inc.
Article 76 – Prohibited Acts on Labeling and
Packaging d) “the address of the manufacturer, importer,
repacker of the consumer product in the
Text: “It shall be unlawful for any person, either as Philippines;” → Consumers know where the
principal or agent, engaged in the labeling or product comes from.
packaging of any consumer product, to display or • Example: 123 San Miguel Ave,
distribute or to cause to be displayed or Mandaluyong, Philippines.
distributed in commerce any consumer product
whose package or label does not conform to the e) “its general make or active ingredients;” →
provisions of this Chapter.” Tells what the product contains.
• Example: Ingredients: malt extract, sugar,
Explanation: cocoa, milk solids.
• No one is allowed to sell products with
illegal or false labels. f) “the net quality of contents, in terms of
• Applies to both owners (principal) and weight, measure or numerical count rounded
employees/agents. off to at least the nearest tenths in the metric
system;” → Shows exact amount in metric
Example: Selling imported candy without proper system.
country-of-origin label is illegal. • Example: 200 g pack of Milo.
g) “country of manufacture, if imported;” → Article 86 – Labeling of Drugs
Shows origin for imported goods.
• Example: Made in Thailand. Text: “The Generics Act shall apply in the labeling
of drugs.”
h) “if a consumer product is manufactured,
refilled or repacked under license from a Explanation:
principal, the label shall so state the fact.” → • The Generics Act requires that generic
Shows licensing info. drugs indicate their active ingredients
• Example: Repacked chocolate labeled: and dosage, not just brand names.
“Manufactured under license from • Example: A tablet labeled “Paracetamol
Hershey’s USA.” 500mg” must clearly state the generic
name “Paracetamol” even if the brand is
Additional info may include: “MedRelief.”
• Flammable → Example: Lighter fluid
must say “flammable.” Article 87 – Additional Labeling Requirements
• Directions → Example: “Mix one scoop in for Cosmetics
200 ml water.”
• Toxicity → Example: Pesticide labeled Text: Cosmetic labels may include:
“toxic – handle with gloves.”
• Wattage/voltage → Example: Electric fan a) Expiry or expiration date → Tells consumers
220V, 50Hz. when the product is safe to use.
• Manufacturing process → Example: • Example: Lipstick: “Expires 01/2027.”
Cold-pressed oil.
b) Whether it may be an irritant → Indicates
Article 78 – Philippine Product Standard Mark potential allergic reaction.
• Example: “Patch test recommended –
Text: “The label may contain the Philippine may cause irritation.”
Product Standard Mark if it is certified to have
passed the consumer product standard c) Precautions or contraindications → Safety
prescribed by the concerned department.” instructions.
• Example: “Do not apply on broken skin.”
Explanation:
• A product may show a national quality d) Other necessary labeling → Department may
mark if it passes standards. require additional info.
• Example: An electric fan passes safety • Example: “Keep away from children.”
test → label may show PS Mark.
Article 88 – Special Labeling Requirements for
Article 79 – Authority of the Concerned Cosmetics
Department to Provide for Additional Labeling
and Packaging Requirements A cosmetic is mislabeled if:

Text (a): “establish and define standards for a) Labeling or advertising is false/misleading
characterization of the size of a package… but • Example: “Anti-aging cream reduces
this clause shall not be construed as authorizing wrinkles in 1 day” → untrue claim.
any limitation on the size, shape, weight,
dimensions, or number of packages…” b) Package form doesn’t meet labeling
requirements
Explanation: • Example: Small lipstick without proper
• Department can require labels to ingredient info.
accurately describe package size but
cannot limit packaging form. c) Information not prominently displayed
• Example: 500g rice in 1kg bag must state • Example: Allergy warnings in tiny print →
500g, bag shape free. misleading.

Text (b): “regulate placement of printed matter d) Container is misleading

stating or implying price advantage…” • Example: Large jar appears full but
mostly empty.
Explanation:
• Cannot mislead buyers about discounts e) Label does not state common or usual
or “bulk price savings.” names of ingredients
• Example: “50% off” is false → illegal. • Example: “Fragrance” without listing
chemicals → violates law.
Text (c): “prevent the nonfunctional slack-fill…”

Explanation:
• Packages cannot have extra empty
space to appear bigger.
• Example: Cereal box mostly air →
misleading → illegal.
 2. Common/chemical name → “Sodium
Article 89 – Mislabeled Drugs and Devices Hypochlorite.”
3. Signal words:
A drug/device is mislabeled if: o “Danger” → extremely toxic.
o “Warning” or “Caution” → less
a) Labeling is false or misleading hazardous.
• Example: Tablet labeled “Cures cold” → 4. Possible injury statement → “Causes
unproven claim. burns if spilled.”
5. Precautionary measures → “Wear
b) Package does not conform to legal gloves, keep away from children.”
requirements 6. First-aid instructions → “If swallowed, call
• Example: Bottle of cough syrup missing poison control.”
dosage instructions. 7. Word “poison” for highly toxic → clearly
displayed.
c) Required information not prominently 8. Handling/storage instructions → “Store
displayed upright, away from heat.”
• Example: Warnings in small font or 9. “Keep out of reach of children.”
hidden at the bottom.
c) Labels must be in English or Filipino and
d) Contains dangerous substances without visually prominent
proper labeling • Example: “Danger – Keep away from
• Example: Drug contains “Heroin children” printed in red letters on white
derivative” → must label and warn: background.
“Warning – May be habit forming.”
Article 92 – Exemptions
e) Missing directions or warnings for safe use • Labels can be partially exempted if full
• Example: Instructions for children’s compliance is impractical but safety is
dosage not included. maintained.
• Example: Large industrial chemicals
f) Drug does not comply with official shipped in bulk may have simplified
compendium labeling if safe for intended use.
• Example: Recognized drug like “Aspirin”
must meet pharmacopeia standards. Article 93 – Grounds for Seizure and
Condemnation of Mislabeled Hazardous
g) Drug liable to deterioration without Substances
precautionary label
• Example: Liquid antibiotic must say Mislabeled hazardous substances can be:
“Store in refrigerator.”
a) Seized and condemned if sold improperly,
h) Container misleading, imitation of another except for exports meeting foreign law.
drug, or dangerous • Example: Pesticides with missing
• Example: Fake penicillin labeled as real warnings → confiscated.
→ illegal.
b) After condemnation, destroyed or sold
j) Drugs like insulin or antibiotics without under supervision; proceeds go to
certificate of release government treasury.
• Example: Insulin sold without official • Example: Confiscated mislabeled bleach
testing certificate → prohibited. → destroyed under government
supervision.
Article 90 – Regulation-making Exemptions
c) Owner pays all expenses for
Text: The department can exempt foods, storage/destruction; unpaid expenses
cosmetics, drugs, or devices from labeling if full become a lien.
compliance is impractical but safety is not
compromised. Article 94 – Labeling Requirements of
Cigarettes
Example: Bulk flour processed at a different • Must bear “Warning: Cigarette Smoking
facility can be exempted if it is later labeled is Dangerous to Your Health” in
correctly. conspicuous type.
• Advertisements must also include this
Article 91 – Mislabeled Hazardous Substances warning.
• Example: Every cigarette pack sold in
Hazardous substances are mislabeled if: Manila must have the warning clearly
printed on the front.
a) Packaging violates child-safety regulations
• Example: Household bleach in an unsafe
bottle.

b) Label missing key information:

1. Manufacturer info → “ABC Chemicals
Co., Manila.”
Article 95 – Penalties

a) General labeling violations → fine P500–

P20,000, or imprisonment 3 months–2 years;
smaller fines for non-
food/cosmetic/drug/hazardous products.

b) Violations of price tags (Articles 81–83) →

first offense: fine P200–P5,000, imprisonment 1–
6 months. Repeat offense → revocation of
business permit.

Example: A store selling mislabeled shampoo

could be fined P10,000; selling small items
without price tags may result in P500 fine for the
first violation.