Pretoria - The National Consumer Commission (NCC) has warned retailers who sell expired products that should consumers suffer harm as a direct result of eating these products; the law will be strictly enforced.
This follows media reports of "reworked" chickens that were being sold at some retailers with new sell-by dates.
The NCC can turn to the Consumer Protection Act (CPA), whose primary purpose is to promote the social well-being of consumers and prevent their exploitation or harm.
"The Act seeks to ensure that marketing practices are fair and responsible and that suppliers, producers and manufacturers are accountable for what they sell," said Commissioner of the NCC, Mamodupi Mohlala.
Section 22 and 24 of the Act talks about consumer's right to proper disclosure of information. Section 55 focuses on the consumer's right to safety and good quality, while Section 61 refers to strict liability across the entire supply chain.
Honest, open and clear disclosure of information cannot be stressed enough and all businesses are encouraged to adhere to the provisions of the Act.
"Consumers have to question more, especially where health and safety are concerned," Mohlala said.
She said misleading advertising, non-disclosure of information and exploitation of vulnerable consumers were serious transgressions in terms of the CPA.
She also reminded suppliers and manufacturers that strict liability provisions were already in force and became effective on 24 April 2010.
Suppliers and service providers will soon be obliged to take consumer complaints about non-disclosure of information and food safety a lot more seriously.
"The NCC will also further engage the [National Regulator for Compulsory Specifications] on standards and compliance enforcement and the NCC will be keeping a close eye on these industry practices," she said.
