Ensure Consumer Protection Research Articles

Smart for whom? Cost ambiguity as corporate strategy in the 21st century telco sector

Purpose – This paper aims to expose techniques that telco vendors use for maximising revenue from their clients. Although the five-point strategy unearthed was based on the Canadian telco industry, it is interpreted as generic to the digital-age. Design/methodology/approach – Findings are based on focus groups with telco vendors and client perception data. Inductive reasoning is used to generalise findings to other distinctively digital-age industries. Findings – This paper finds five generic techniques that are used within the Canadian telecommunications (telco) industry to ensure that customers cannot control the cost of a smartphone. These techniques are described as an array of telco hybrid offerings, each with its own cost-structure and pricing strategy; the underestimation problem; devices are not geostationary; third-party agreements; and death-by-a-thousand-qualifications. Research limitations/implications – The research develops theory about modularity and platform technologies. Practical implications – Findings and insights have implications for strengthening consumer protection arrangements in the teleco industry, as well as other distinctively digital-age industries. Originality/value – This paper elaborates theory (particularly with respect to platform technologies and modularity). It interprets the flexibility that comes with modern technology as having a specific downside for consumers, namely, the removal of their capacity to control cost. As far as the authors have been able to ascertain, such an interpretation has not hitherto been presented. It is hoped that the classification of findings will become something of a public policy template for ensuring consumer protection.

Sports nutrition in a regulatory limbo

The regulatory framework governing sports nutrition products in Europe is changing, with new Regulation 609/2013 on Food for Specific Groups coming into force in July 2016. Currently, sports nutrition products are regulated under the general provisions of Directive 2009/39/EC on Foodstuffs Intended for Particular Nutritional Uses (PARNUTS), the so-called ‘dietetic foods’. An attempt to set out separate provisions for sports nutrition products, such as food composition and labelling criteria, was made by the European Commission in 2004, but at that time a consensus was not agreed and no official activity was developed in this area. In 2011, in light of conflicting rules with more recent legislation, the European Commission agreed to repeal the ‘dietetic foods’ framework, removing the food categories for which no specific provisions exist, such as sports nutrition products. Today, the prospect of regulators bringing in specific legislation for the sports nutrition sector has receded, with Europe's policy makers recognising that sports people are not a vulnerable subgroup of the general population to require additional controls, as reflected in superseding Regulation 609/2013 on Food for Specific Groups. However, as some Member States remain concerned over consumer safety coming from the use of sports nutrition products, the European Commission has been asked to prepare a report addressing the need, if any, for additional specific rules to govern these food products. As we approach what may be a conclusion on a decade-long debate about how to regulate sports nutrition products in Europe, thanks to these regulatory changes, the sector may now face a very different challenge. Initially, the industry was in danger of a legislation that was so restrictive that it could have prevented growth and innovation in the sector. Today, as sports nutrition products have evolved to attend to the needs of the wider active population, the industry is now in danger of a regulatory framework that is so broad that it does not recognise the specific needs of sports people. The Commission Report, due in July 2015, is crucial for settling the legislative framework governing sports nutrition products once and for all, so that concerns from National Authorities and the issues currently experienced by the industry are addressed, and the sector can eventually achieve legal clarity and ensure consumer protection. This article discusses the changing regulatory environment for sports nutrition products in Europe, according to the particular views of the European Specialist Sports Nutrition Alliance (ESSNA), the trade association representing the interests of the sports nutrition industry in Europe.

Regulatory and legislative protections for consumers in complementary medicine: Lessons from Australian policy and legal developments

IntroductionComplementary and alternative medicine (CAM) use historically has been high in Australia, with Australia often an early adopter of regulatory and policy developments related to CAM, with varying degrees of success at ensuring consumer safety and protection with respect to both CAM products and CAM practitioners. MethodsThis article uses a policy analysis framework to explore some of the outcomes of these developments and their implementation, reviews the success of legislative and regulatory approaches to ensuring consumer protection in CAM Australia has enacted, and examines the lessons that can be learnt from the Australian experience. ResultsThe Australian experience highlights the importance of developing health-specific legislative and regulatory guidelines, ensuring that regulators are actively empowered to fulfil their functions, and avoiding a reliance on self-regulatory authorities to fulfil roles better performed by statutory authorities. ConclusionsThese experiences may assist decision-makers and public authorities to develop regulatory and legislative protections that are practical, sustainable and appropriately fulfil their public protection role.This article belongs to the Special Issue: Ensuring and Improving Patients’ Safety in Integrative Health Care.

Specific elements of communication on agri-food products resulting from EU legislation

In the European Union a significant number of regulations aimed at agricultural and food sector thus creating the legal framework regarding the mode of production, pricing, distribution and communication in relation to agri-food products. Specificity agri-food marketing communication at EU level resulting in most of the measures taken with regard to ensuring consumer protection, food safety and security, some of them, in force in early 2012, referring to the labeling, presentation and advertising of agri-food products, sponsorship and distinctive signs of quality are shown in this paper.

Errare humanum est: Financial Literacy in European Consumer Credit Law

Examples of financial mistakes made by consumers lend support to the view that systematic mistakes of consumers exist in the EU credit market and that service providers respond strategically to these by redesigning their products. This paper seeks to determine how existing regulation can be improved to ensure consumer protection. Using insights from behavioural economics, this paper argues that financial literacy—that is, knowledge and understanding of complex financial products and skills to navigate the financial market—as a cornerstone for European financial consumer law is problematic. Current regulation is based primarily on information provision to consumers, which should enable them to make appropriate decisions about the risks and suitability of financial products. Although behavioural economics does not necessarily require legal intervention to take other forms than the introduction of information duties, the type of intervention is dependent on the design and needs of a particular market. The EU consumer credit market, in our view, demands more than the current regulation offers in terms of consumer protection. In particular, behavioural studies reveal that consumers generally do not have a sufficient level of financial literacy in order to enable them to make informed, rational decisions. Moreover, behavioural biases have a distorting influence on consumer decision making. The law as it stands, therefore, seems ill-equipped to offer protection to consumers and to prevent them from rash and bad decision making. Reviewing existing regulation and case law, we propose that in the EU law, the Consumer Credit Directive and the Markets in Financial Instruments Directive require updating in order to offer sufficient protection to vulnerable groups of consumers who, on average, have low levels of financial literacy.

Intra-laboratory validation of the Ridascreen® SET Total kit for detecting staphylococcal enterotoxins SEA to SEE in cheese

To determine the performance of the Ridascreen® SET Total kit, after sample extraction and concentration by dialysis, with regard to its use in official controls for staphylococcal enterotoxins under European Regulation (EC) No. 2073/2005 modified. This study was conducted on naturally contaminated cheese samples and compared with the results of the previously validated Vidas® SET2 kit. The effectiveness of the Ridascreen® SET Total kit on naturally contaminated cheeses was compared to that of the Vidas® SET2 kit by applying the EN ISO 16140 standard. Sensitivity and specificity were also compared using spiked buffer solutions and cheese samples with SEA to SEE toxins. This study showed that the Ridascreen® SET Total kit is as effective as the Vidas® SET2 kit. The Ridascreen® SET Total kit was found to specifically detect SEA to SEE in cheeses. The Ridascreen® SET Total can therefore be used to check the staphylococcal enterotoxin content and ensure consumer protection.

Comparison of different maximum safe levels in fortified foods and supplements using a probabilistic risk assessment approach

Different European institutions have developed mathematical models to propose maximum safe levels either for fortified foods or for dietary supplements. The objective of the present study was to compare and check the safety of these different maximum safe levels (MSL) by using a probabilistic risk assessment approach. The potential maximum nutritional intakes were estimated by taking into account all sources of intakes (base diet, fortified foods and dietary supplements) and compared with the tolerable upper intake levels for vitamins and minerals. This approach simulated the consequences of both food fortification and supplementation in terms of food safety. Different scenarios were tested. They are the result of the combination of several MSL obtained using the previous models. The study was based on the second French Individual and National Study on Food Consumption performed in 2006-7, matched with the French food nutritional composition database. The analyses were based on a sample of 1918 adults aged 18-79 years. Some MSL in fortified foods and dietary supplements obtained independently were protective enough, although some others could lead to nutritional intakes above the tolerable upper intake levels. The simulation showed that it is crucial to consider the inter-individual variability of fortified food intakes when setting MSL for foods and supplements. The risk assessment approach developed here by integrating the MSL for fortified foods and dietary supplements is useful for ensuring consumer protection. It may be subsequently used to test any other MSL for vitamins and minerals proposed in the future.

Risk management by labelling 26 fragrances?

Some fragrance compounds are severe contact allergens. According to the so-called "26 allergens rule" (Article 1 (10) of Directive 2003/15/EC) (EC, 2003), 26 supposedly allergenic fragrances must be listed on the containers of cosmetics products if they are present above certain mass percentages in the product. This declaration is meant to inform the consumer of potential risks of skin sensitizers in the products. The objective of this paper is to validate whether "the 26 allergens rule" meets the expectations to improve consumer protection. The method used for this validation was on one hand a reflection on the elements of the approach used in "the 26 allergens rule" and on the other hand a product analysis of 742 products by 4 large producers of cosmetic products on the German market. It was found that more than 50% of these cosmetic and washing and cleansing products contain at least one of the 26 substances above the thresholds for labelling and that there are 14% of all products which contain strong allergens. Many consumers apparently still buy these products. The indirect effect that producers reduce the amounts of these fragrances to avoid declaration seems to be small. Several arguments were assembled which show that other instruments are needed to ensure consumer protection or protection of the environment. This paper recommends different approaches. The use of a list of single substances in such a directive is not in line with scientific standards. It is recommended to base decision making on comprehensive risk assessments or at least on valid and strong criteria. More parameters need to be involved, not only contact allergy. As illustrated in this article, the roles taken over by authorities and manufacturers in risk management of the "26 allergens" are relatively small compared with the responsibility carried by consumers. However, consumers are only able to take over their part properly if they are sufficiently trained and have the necessary infrastructure, capability and time to inform themselves. Regulations are not effective if they load the major responsibility for risk management on consumers, instead of on authorities and manufacturers. A successful risk management would include bans and restrictions of especially hazardous substances issued by governments, as well as efficient surveys to control the implementation of regulations by the responsible authorities. It would also include that producers meet the legal standards and take over voluntary action to make products safer. The evaluation of "the 26 allergens rule" is an example which can be transferred to other regulations and which could help to improve future regulatory approaches, with a focus on the roles authorities, manufacturers and consumers play in a promising risk management.

Knowledge and Attitudes of Canadian Consumers and Health Care Professionals Regarding Nutritional Genomics

With advances in the field of nutrigenomics, commercial laboratories have begun marketing genotyping services, nutritional advice, and dietary supplements "tailored" to match individual genetic predispositions. Although primarily offered by American companies, these services are available to Canadian consumers via the Internet. Qualitative research in the form of focus groups with members of the Canadian public was undertaken to assess the current level of understanding of and receptivity toward this new genomic application. Additionally, focus groups with health care professionals (physicians, pharmacists, dieticians, nutritionists, and naturopaths) investigated their interest in integrating nutrigenomics into health care delivery, and their capacity to do so. Gauging knowledge and attitudes early in the introduction of a new technology serves to identify potential "blind spots" regarding the ethical, legal, and social implications. Preliminary results indicate consumers believe potential benefits of nutrigenomics outweigh risks, while health care professionals express more skepticism. Both groups agree that more public education about nutrigenomics is needed and that regulatory oversight should ensure consumer protection.

Analytical Methods for the Detection of Corticosteroids-Residues in Animal-Derived Foodstuffs

Reliable and practicable analysis of veterinary drug residues in food-producing animals represented an important measure to ensure consumer protection. Tha main attention in this text is on the analytical methods for corticosteroids-residue detection. The progress of rapid screening methods and the use of accurate liquid chromatography-tandem mass spectrometry (LC-MS-MS) for the quantitative detection of corticosteroids were discussed. The challenges and achievements in this field, as well as an outline of future perspectives and promising alternatives for well-established procedures, were summarized. Developing highly sensitive analytical multi-residue methods to measure very low levels of corticosteroids is one aspect that should, and will, receive dedicated interest in the near future.

Consumer protection and commercial transactions in Malaysia

This paper analyses the various approaches to ensuring consumer protection in commercial transactions in Malaysia. The transactions in question include that of the sale of goods and property, hire-purchase of goods. The paper focuses on three approaches, namely, the enactment of consumer protecting provisions in statutes governing specific commercial transactions, the enactment of a general law relating to consumer protection and the approach taken by the courts in construing agreements emanating from such commercial transactions. It also highlights one of the major issues arising out of the introduction Islamic financing and banking principles in a system thus far dominated by a conventional financing and banking one.

Nutrient profiling schemes: overview and comparative analysis

Nutrient profiling is a discipline aimed at classifying foods based on their nutritional composition. So far, several profiling schemes have been proposed for varied purposes world-wide. Primary aim to inventory the main profiling schemes that have been developed so far (both applied and not) and to summarise their main aspects. Secondary aim to critically review a selection of them, to test their "performance" and to evaluate their strengths and weaknesses. Scientific and popular search engines were used for identifying profiling schemes. Schemes were described concisely by providing details on four main "Building Blocks" or factors: (1) Food category declination: category-wise or "across the board"; (2) Reference amount: 100 g, 100 kcal; serving; (3) Cut-off use: thresholds or scores; (4) Nutrients Selection: balance between positive and negative nutrients and number of them. The "performance" analysis was done by testing how the selected schemes classify a sample of food. Profiling schemes display considerable variation based on the underlying approach, format and content. Moreover, the rationale of the schemes largely varies and seems to be inspired by either nutrient recommendations or regulations figures. When tested for "performance", the five selected schemes classify in the same way foods having either a very "positive" or a very "negative" nutrient profile, whereas they give inconsistent results for food products with intermediate characteristics. Strengths and weaknesses analysis shows the difficulty of finding schemes combining qualities such as simplicity, scientific relevance, ability to cope with changes in nutrient recommendations. Current proposed profiling schemes exhibit a wide range of differences both in terms of approaches and "performance". Nutrition scientists have now the challenge to develop the "ideal scheme" that, in our view, will have to be strict enough to ensure consumer protection but also flexible enough to encourage food industry innovation and to promote a "healthy" competitive market.

Trends in ecological science – is there a paradigm shift?

The cosmetic industry takes full responsibility for the safety of its products. The common understanding of this responsibility has been moving lately from the basic concept of ensuring consumer protection to a wider perspective also encompassing the protection of indirectly exposed targets. Hence, a newly defined responsibility also accounts for exposure to chemicals that possibly spread globally having an impact at any remote spot in the world. Such responsibility safeguards future human generations as well as other living organisms, both wildlife and experimental animals. In pursuit of taking this responsibility seriously, the scientific and regulatory community has to accept new challenges. This compels us to question paradigms that were once considered indisputable. It may even be necessary to change them. The basic Paracelsus imperative of ecological and toxicological science, the dose, is such a paradigm, which is increasingly called into question. The substantial erosion of the dose paradigm is illustrated by the example of persistence and bio‐accumulation. Likewise, in the search for in vitro alternatives to animal tests, possible future breakthroughs will be linked to challenging the dose paradigm.Paper presented as a keynote lecture at the IFSCC International Conference 2005, Florence, Italy

Developing new reference materials for effective veterinary drug-residue testing in food-producing animals

Reliable analysis of veterinary drug residues in animal-derived foodstuffs represents an important measure to ensure consumer protection. European legislation addresses this issue (e.g., by defining maximum residue limits, specifying sampling and monitoring plans, and stipulating performance and validation criteria for analytical methods). Certified reference materials (CRMs) constitute an important tool for method validation and method-performance verification. This paper addresses the current status of legislation, describes characteristics of analytical methods in veterinary drug-residue testing and then focuses on the challenges and considerations in developing new RMs in this field.

Water Pricing and Water Sector Reforms Information Study in Ghana

This study seeks to provide information on water pricing in Ghana. It looks at the experiences in water pricing practices, the problems and successes encountered in the country. It outlines the reforms instituted in the water sector for the provision and sustainability of urban, rural, and agricultural water supplies to address the problems. Also discussed are the institutional arrangements put in place to ensure the coordinated management of the country's water resources. Finally, the study makes suggestions on how the problems on water pricing can be effectively addressed particularly in ensuring consumer protection and investor interest with the obvious introduction of the private sector in the urban water service delivery.

Stakeholder interactions and the development of functional foods.

This paper investigates the roles of the individual stakeholders involved in the development of functional foods and the implications of their actions for public perception of this new food concept. At a time when consumer awareness of the link between diet and health is strong, a new food concept incorporating of a wide spectrum of foods has captured the imagination of the food industry and consumers alike. Functional foods provide a new category of foods that appear to be offering the public the opportunity to achieve a healthy lifestyle with minimal effort. Public perception may determine whether this new food concept is to become the next successful breakthrough in nutritional science or just another marketing gimmick devised by food manufacturers. The paper also addresses issues that arise directly as a result of the emergence of functional foods, such as appropriate legislation in connection to health claims in order to ensure consumer protection and also the lack of clarity in relation to definitions of what constitutes a functional food. The paper concludes that functional foods can only reach their maximum potential if the food industry, government and health professionals work together to improve communication between themselves and consumers and also to educate consumers, thereby allowing them to make informed decisions about dietary choices.

Insecticides authorized for use on olive trees and the relationship between their registration and residues in olive oil

In order to eliminate losses due to insect attack, several insecticides are used on olive trees. Their residues in olive oil constitute an important parameter of its quality and must be monitored regularly and kept as low possible in order to ensure consumer protection. In this paper the insecticides authorized for use on olive trees are listed and their ADIs and Codex Alimentarius MRLs reported. The existing registrations are discussed from the point of view of their residues in oil.

Boundaries of Conscience

We buy a product—we expect it to be safe. We are especially incensed when products we purchase harm our children. We pay local, state, and federal officials to see that consumers are protected. We have a mechanism to ensure consumer protection—recall and prohibition of interstate shipment. But who protects the children of other lands against our products— products that we know cause disease? There is no mechanism. Our protection, indeed our conscience, seems to extend only to our borders. Pet turtles are a case in point. A decade of investigations by health authorities documented the widespread occurrence of many thousands of cases of salmonellosis among US children who became ill after exposure to pet turtles. Documentation was so persuasive that by the mid-1970s, the Food and Drug Administrations of the United States and Canada ordered a ban on the sale and shipment of these animals. Subsequent studies conducted in the

Diploma Mills — Part 6 Medical qualifications

In recent years governments in many countries, notably UK and USA, have introduced a mass of legislation aimed at safeguarding the consumer. This is in sharp contrast with their unwillingness to ensure consumer protection against degree mill operators selling fringe medical qualifications.