Introduction
Any products that are intended for consumers or reasonably likely to be used by
them are required to be safe. Sometimes, products could contain hidden dangers that do
not show until after many years of use (e.g. pharmaceuticals, food). The marketplace is
not hazard free, as any product can contain hidden danger. Consumer’s product safety
law has become a core element of consumer protection law in almost all States. Product
Safety regulatory regimes aim to protect consumers from unreasonable risk of damage to
property or personal injury, provide redress for consumers who suffer damage and injury,
incentivize producers to provide safe products and punish errant producers for placing
unsafe products in the market. Consumers and Entrepreneurs should know their rights
and duties. Consumer Production Law, National Food Law and National Drug Law are
directly concerned with product safety so the Government needs to adopt the Orders,
Regulations, and Directive in accordance with respective Laws in a timely manner.
Before Consumer Protection, consumers were not able to get the remedies for their
damages. Therefore, Chapter 1 focuses on the behavior, rights and duties of consumers,
inspectors and entrepreneurs who are responsible persons for product safety, and the
evolution of product safety and liability laws for consumer protection.
Product safety and product liability are important for achieving market access and
improving consumers' welfare. Products may enter into the country by manufacture and
imports. Before these products are sold within the country or exported to other countries,
the appropriate precautions for product safety must be taken. These include applying
licenses for production, importation, and exportation, labeling products to obtain accurate
information, standardizing products in accordance with international standards, and
conducting quality inspections of products prior to distribution for domestic or
international markets. Therefore, Chapter 2 focuses on legal requirements for product
safety such as licensing, labeling, standardization and inspection which are implemented
by relevant ministries depending upon the different kinds of products compared with
some China, Thailand, and Myanmar.
Nowadays, products are being sold on multichannel platforms either traditional
selling, direct selling or online selling even though all of the products must be safe to
consume consumers. The seller needs to follow the rules and regulations adopted by
relevant authorities in all selling channels. During Covid 19 pandemic and after pandemic
has given a boost to online shopping. Although not all traditional retailers have switched
to multichannel formats, they are expected to offer multiple shopping channels, as
consumers prefer to choose where they would like to shop from several channel
alternatives. So, the aim of this Chapter 3 is to want the seller to follow the rules and
regulation in multichannel platforms. In traditional selling, the post market surveillance,
recall and ban mechanism are active for product safety when the product is selling in the
Market but direct selling and online selling do not have these mechanisms for product
safety. That is, the buyer should know how to claim remedy for their loss or damages.
In order to ensure that consumers use products as intended and safely, the relevant
ministries and sectoral regulators conduct post market surveillance, recall and ban
mechanism to refrain from buying the hazards products in the markets. Consumers can
complaint for their loss or damage. The relevant authorities settle the disputes by the
ways of negotiate or meditate between seller and vulnerable consumers. If the sellers do
not follow the administrative action decided by relevant authorities, this dispute can settle
by judicial action. Nowadays, the Therefore, the last chapter focuses on market
surveillance and unsafe product recall and ban. Every consumer has the rights to
complaint, hear and participate in the settlement of dispute and the right to remedy for
any injury suffered from the defective products by administrative action, civil and
criminal action in accordance with National Laws.