consumer protection act
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Food systems ◽  
2022 ◽  
Vol 4 (4) ◽  
pp. 278-285
Author(s):  
I. V. Kobelkova ◽  
M. M. Korosteleva ◽  
D. B. Nikityuk ◽  
M. S. Kobelkova

Food allergy, which affects about 8% of children and 5% of adults in the world, is one of the major global health problems, and allergen control is an important aspect of food safety. According to the FALCPA (Food Allergen Labeling and Consumer Protection Act of 2004 FDA), more than 160 foods can cause allergic reactions, with eight of them responsible for 90% of all food allergies in the United States, including milk, eggs, wheat, peanuts, soybeans, tree nuts, crustaceans and fish, also known as the Big 8. Most foods that are sources of obligate allergens are heat treated before consumption, which can trigger the Maillard reaction, which produces glycation end products. Symptoms of food sensitization are known to significantly affect the quality of life, gut microbial diversity and adaptation potential. In particular, in athletes, this can be expressed in a decrease in the effectiveness of the training process, which leads to poor endurance and athletic performance. In this regard, it seems relevant to study the effect of the Maillard reaction and AGEs on the immunogenicity of proteins and the possible relationship between these compounds and food allergy, as well as to develop measures to prevent the adverse effect of allergens on the body of a professional athlete and any other consumer.


F1000Research ◽  
2021 ◽  
Vol 10 ◽  
pp. 1294
Author(s):  
Dennis W. K. Khong ◽  
Wan-Ju Yeh

Background: Modern artificial intelligence applications are appearing in healthcare and medical practices. Artificial intelligence is used both in medical research and on patients via medical devices. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. Methods: The methodologies employed are legal doctrinal analysis and comparative law analysis. Results: The investigation finds that English tort law treats wrong diagnostic or wrong advice as negligent misstatement, and mishaps due to devices as a physical tort under the negligence rule. Negligent misstatement may occur in diagnosis or advisory systems, while a negligent act may occur in products used in the treatment of the patient. Product liability under English common law applies the same rule as negligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems.


2021 ◽  
pp. 247
Author(s):  
Putri Purbasari Raharningtyas Marditia ◽  
Yasyfa Silmianra Hafizha

Marketplace connects sellers and buyers in conducting online buying and selling activities. One of the factors that influence consumers to buy an item from a seller is the assessment given by previous buyers in the form of ratings (in the form of stars with a rating scale of 1 to 5) and reviews. Criticisms written by previous buyers are often a consideration for potential buyers to buy the item from the seller, especially if the criticism relates to the quality of the product and the suitability of the product with the description written by the author. In addition, the reputation of the seller is also a consideration for potential buyers in buying an item from the seller. Nevertheless, the buyer as a consumer has the right to write an honest review in accordance with his experience of buying goods from the seller. However, it will be a problem if the rights of the buyer or consumer in the provisions of Article 4 letter d of the Consumer Protection Act are used without being accompanied by their obligations as a buyer or are used excessively to violate the seller's right to have a good reputation. So it is necessary to educate the public regarding this phenomenon. Methods of implementing community service activities by conducting workshops through the Youtube Platform. So that through this Educational Video uploaded on YouTube media, at least it can educate the public to become smart people in media, namely: one's ability to access, analyze, evaluate, and communicate information in various forms of media and one's ability to think critically in accepting a information.Marketplace menghubungkan penjual dan pembeli dalam melakukan kegiatan jual beli secara online. Salah satu faktor yang mempengaruhi konsumen untuk membeli suatu barang dari penjual adalah penilaian yang diberikan oleh para pembeli sebelumnya yang berupa ratings (yang berupa bintang dengan skala penilaian 1 sampai 5) dan ulasan. Kritik yang dituliskan oleh para pembeli sebelumnya seringkali menjadi pertimbangan bagi calon pembeli untuk membeli barang tersebut dari penjual, terutama apabila kritik tersebut berkaitan dengan kualitas produk dan kesesuaian produk dengan deskripsi yang dituliskan penulis. Selain itu, reputasi penjual juga menjadi pertimbangan calon pembeli dalam membeli suatu barang dari penjual tersebut. Meskipun demikian, pembeli selaku konsumen berhak untuk menuliskan ulasan jujur sesuai dengan pengalamannya membeli barang dari penjual. Namun akan menjadi masalah apabila hak pembeli atau konsumen dalam ketentuan Pasal 4 huruf d Undang-Undang Perlindungan Konsumen tersebut digunakan tanpa disertai dengan kewjibannya sebagai pembeli atau digunakan secara berlebihan hingga melanggar hak penjual untuk memiliki reputasi yang baik. Sehingga perlu dilakukan Edukasi masyarakat terkait fenomena tersebut Metode pelaksanakan kegiatan pengabdian kepada masyarakat dengan  melakukan Workshop melalui Platform Youtube. Sehingga melalui Video Edukasi yang diunggah dalam media yotube ini setidaknya dapat mengedukasi masyarakat untuk menjadi orang-orang yang cerdas dalam bermedia adalah : kemampuan seseorang untuk mengakses, menganalisis, mengevaluasi, dan mengkomunikasikan informasi dalam berbagai bentuk media dan Kemampuan seseorang untuk berpikir kritis dalam menerima sebuah informasi.


AL- ADALAH ◽  
2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Rahmi Dewanty Palangkey ◽  
Kasjim Salenda ◽  
Marilang Marilang ◽  
A Qadir Gassing ◽  
Huilili YuXi ◽  
...  

This research is motivated by the failure of thousands of Umrah pilgrims to go to Mecca since 2017 but do not get their rights as consumers. Several facts prove that although regulations related to Hajj and Umrah organizers as well as the Consumer Protection Act have explicitly regulated consumer rights, in reality the pilgrims who are victims of hajj and umrah travel agency fraud are still not getting consumer protection. This research is a descriptive qualitative research using a normative juridical approach. Sources of data used in this study are primary data and secondary data obtained from interviews and document studies. This study concludes that the presence of Law No. 8 of 2019 concerning the Implementation of Hajj and Umrah contains the spirit of upholding consumer protection in the Hajj and Umrah business. However, its success is largely determined by the extent to which the regulator empowers internal supervisors to prevent irresponsible practices of hajj and umrah travel agencies. On this side, unfortunately, the role of guidance, supervision and legal protection carried out by the Indonesian Ministry of Religion as a regulator in protecting Hajj and Umrah pilgrims seems to be still at a very low level.


2021 ◽  
Vol 2 (3) ◽  
pp. 28-34
Author(s):  
Norhasliza binti Ghapa ◽  
Farhanin binti Abdullah Asuhaimi ◽  
Noraida binti Harun ◽  
Zuhairah Ariff Abd Ghadas

Umrah package travel has been recognized as one of the main contributors to the Malaysian tourism industry. Muslims in Malaysia travel by package to Mecca and Medina for their specific purpose: to perform religious duty (Umrah) to fulfill the unity of spirit, heart and soul. Recently, thousands of Umrah packages were cancelled by the local tour operators and travel agents due to the decision made by the government of Saudi Arabia who banned the entry to Mecca and Medina due to the fast spread of Covid-19. Consequently, tour operators and travel agents respond differently to this extraordinary circumstance which leads to tremendous loss to the consumers. Thus, this paper aims to investigate how the Malaysian legal system safeguards the rights and interests of Umrah package travelers in Malaysia in the event of extraordinary circumstance by analyzing the existing academic literature and relevant statutes including Consumer Protection Act 1999, Tourism Industry Act 1992 and MATTA Code of Ethics for Members. The results of the above analysis will define the adequacy of the existing legal framework and the mechanism that we still need to protect the welfare of Umrah package travelers.


2021 ◽  
pp. 0003603X2110454
Author(s):  
Wiseman Ubochioma

Predatory pricing is one of the market practices that are prohibited in competition law. It occurs when a dominant firm sells its product at an unreasonably low price in order to eliminate competitors from the market. The Federal Competition and Consumer Protection Act, 2019 of Nigeria prohibits this practice. This article, therefore, examines predatory pricing under the Act. It argues that the prescription of the cost-based principles of marginal and average cost as sole determinants of predatory pricing under the Act would not provide the Federal Competition and Consumer Protection Commission (FCCPC) and courts with the appropriate legal standard in determining predatory pricing. It suggests that the provision of the law should be reformed to include the principle of recoupment as a legal standard for imposing liability for the practice against defaulting firms. This will assist the FCCPC and courts to distinguish pro-competitive predatory pricing from anticompetitive predatory pricing.


2021 ◽  
Vol 6 (1) ◽  
pp. 53-73
Author(s):  
Patrisia Febriani

Abstract This study investigated the legal liability of health clinics in the city of Tarakan for all business risks in terms of the Health Act, the Consumer Protection Act and the Minister of Health’s Regulation on Clinics. As one of many health facilities in Indonesia, clinic is easily accessible by the community. Clinical patients are not only protected by the Health Act but also by the Consumer Protection Act. Clinics as providers of health services are responsible for the actions of health workers to their patients because of the relationship between patients and clinics, which is that the clinic guarantees that every health worker who does his work in the clinic will do his best to heal patients. By basing that the importance of the Informed Concent in medical action, the rights of patients are more respected and protected. The results of the study suggest that clarity of rules and consistency of policies must be increased because they have a huge impact on public trust in the government so that responses to health services will be well coordinated. Doctors / health workers must be more responsible for medical actions that will / have been carried out in the context of fulfilling health services to patients in order to foster an honest and responsible attitude for all health workers who perform health services in the clinic.


2021 ◽  
Vol 6 (10) ◽  
pp. 437-442
Author(s):  
Nasihah Naimat ◽  
Elistina Abu Bakar

Halal logo is designed to protect consumers from fraud and mislabelling. However, over the years, there has been a controversy surrounding the use of a false halal logo to attract Muslim consumers to buy certain goods. The act of unethical business practice to attract consumers to buy their goods have caused some misunderstanding among consumers regarding the halal status of such goods. Therefore, the law is the most important mechanism in protecting the rights and interests of consumers to claim compensation if their rights have been violated. Under the Consumer Protection Act (CPA) 1999, it puts a responsibility on suppliers and manufacturers to ensure that the goods supplied are the same as specified. However, the question arises as to the extent to which consumers have the right of redress under the CPA 1999 in the issue of supplying false halal logo goods. By using the content analysis method, this article aims to analyze the scope and provisions of the CPA 1999 that govern matters relating to the supply of goods. The discussion of this article reveals that Part VI and VII of the CPA 1999 contains several loopholes that must be addressed in order to provide better rights of redress to consumers on the issue of supplying false halal logo goods.


2021 ◽  
Vol 16 (2) ◽  
pp. 137
Author(s):  
I Made Artha Rimbawa

<table width="574" border="1" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="426"><p><strong><em>Pre-Project Selling is an agreement made by the parties to the sale and purchase of property before the project is built and the new one is sold in the form of pictures or concepts. The reason developers develop this Pre-Project Selling practice is to find out the market’s response to the property product that will be built (test the water). The Pre-Project Selling practice is a special agreement. This is because the object of the agreement is an image or concept from the developer. The rise of the Pre-Project Selling certainly presents some problems. One of them is about protecting consumers from images or concepts proposed by Developers. In this study will discuss the Consumer protection of Consumer Protection against Pre-Project Selling practices that refer to the legal principles in the Consumer Protection Act. This type of research is normative research, which is research based on studies that are in accordance with the theories and legal rules that have been determined. This normative research also functions to provide a juridical argument against the occurrence of emptiness, obscurity, and norm conflicts. Thus this research is considered very important as a policy input material in order to provide the value of justice for the community.</em></strong><strong><em></em></strong></p></td></tr></tbody></table>


Obiter ◽  
2021 ◽  
Vol 31 (1) ◽  
Author(s):  
Jan L Neels

Although South African private international law is primarily based on bilateral and multilateral reference rules, the legislator in recent consumer protection legislation rather employs unilateral conflict rules by the identification of rules of immediate application and in the form of scope rules. The relevant provisions in the Electronic Communications and Transactions Act 25 of 2002, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008 are discussed, together with the role that the traditional conflict rules still play. A new rule of private international law for consumer contracts is proposed; in this regard the principle of preferential treatmentwill play a role in the context of alternative reference rules.


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