Consumers’ Corner – Labels on food products

When buying foodstuffs you have the right to know exactly what you are buying and certain essential information, such as ingredients and expiry date, must be provided. The information available on the label helps you make an informed choice when buying food products.

How can I know whether a product contains GMOs (genetically modified organisms)?

On all packaged products consisting of or containing GMOs, such as genetically modified maize or transgenic Soya, you must find a specific statement on the label that says “This product contains genetically modified organisms”.

What can I do if a food product is not correctly labelled?

This column has outlined what consumers should expect to find on the labels of food products. It is worth noting that if, however, the label of a product does not provide the required information you should not buy it, or if you have you ask the retailer to replace it or to refund the price of the product.

The same applies where the label cannot be read properly because the product is damaged. The improper labelling of food products could be tantamount to a criminal offence. Should you encounter any problems, you can obtain further advice from the Department of Public Health.

For further information contact the European Consumer Centre of Malta and the Consumer Centre of Malta and the Consumers Association at 47a, South Street, Valletta. Telephone: 2122 1901

Legal and commercial

guarantees

No matter how many times we explain the “Legal and Commercial Guarantees”, we are still inundated with queries on this issue. Since rogue traders continue to exploit consumers’ ignorance on this issue, I too will continue to harp on about this issue till I am blue in the face.

Here follow two excerpts from typical queries:

“What exactly is the legal guarantee?” I was given a six-month guarantee.”

“After eight months my electric shaver wouldn’t work and I was told that the guarantee expired two months ago.”

Some traders offer a commercial guarantee that expires six months from the date of purchase, while leading consumers to believe that there is no legal guarantee. This is wrong and I find it highly disturbing to note that, despite having referred to this issue on so many occasions, this is still happening. Therefore I must again explain.

There are two types of guarantees namely, the Legal Guarantee and the Commercial Guarantee. In a trader-consumer transaction (i.e. an item sold by a trader to a consumer), the consumer is automatically entitled to a legal guarantee, which is valid for two years.

The relevant provision is in the Consumer Affairs Act, Part VIII, Article 78, which clearly stipulates: “The trader shall be liable under the provisions of articles 73 and 74 where the lack of conformity becomes apparent to the consumer within two years from the delivery of the goods. This period of prescription shall be suspended for the duration of negotiations carried on between the trader and the consumer with a view to an amicable settlement.”

Moreover, since it had been anticipated that rogue traders might try to evade this issue through contractual clauses, the law further drives the point home, and article 81 stresses: “Any contractual clauses or agreement concluded by the consumer with the trader before the lack of conformity is brought to the attention of the trader, are not binding on the consumer if such clauses or agreement directly or indirectly waive or restrict the rights available under this part.”

On the other hand, commercial guarantees are not obligatory, but voluntary. They are offered on the basis of the principles of a liberalised market place where traders try to win custom by offering a better service than other traders. This means that, when traders offer a commercial guarantee, the consumer is still entitled to the “legal” guarantee.

A commercial guarantee can only increase and improve a consumer’s rights and most definitely not to replace or reduce them.

While bearing in mind that the duration of a commercial guarantee is subject to the trader’s discretion, there are rogue traders who offer a commercial ‘six-month’ guarantee and they mislead consumers into believing that after six months they are no longer liable.

However, the truth is that after six months the legal guarantee would still be valid for a further year and a half wherein the consumer is still covered against what is legally defined as “lack of conformitye.

In layman’s terms this concept means that, if at any stage within two years from the date of purchase, the item does not conform to the established performance it is supposed to give, or the item does not correspond to what the consumer ordered, the seller is legally obliged to provide a remedy free of charge.

In a nutshell, the seller must have the item brought back into conformity where possible and repair or replace the purchased item with a new one. The parties may also agree on a full or partial refund of the price paid.