Level Of Consumer Protection Research Articles

EU food legislation impacts innovation in the area of plant-based dairy alternatives

BackgroundDairy alternatives are foods that are made from plant-based milk instead of their usual animal products, such as cheese and yoghurt. Over the past few years, consumers increasingly choose to go dairy-free, which leads to a growth in available dairy alternatives product on the market. Although it is easiest for consumers to identify these products by the use of protected dairy terms (‘yoghurt’ or ‘milk’), these protected terms may not be used by food business operators to designate their plant-based products. Scope and approachThis article will examine the positive and negative impact of the EU regulatory framework on innovation in the dairy alternative industry and its consumers. Furthermore, potential solutions to overcome the identified barriers are explored. Key findings and conclusionsThe EU regulatory framework has positively affected innovation in the dairy alternatives industry by establishing legal clarity, and ensuring a high level of food safety and consumer protection. However, the same legislation negatively impacts innovation in the industry, namely due to: (i) the varying interpretation of the Regulation (EU) 1308/2013 (CMO); (ii) the different level of consumer protection between sectors; (iii) the absence of a legal definition of vegan food; and (iv) the narrow definition of ‘milk’ and ‘milk products’ as defined in the CMO. Either amending the definition of milk and milk products in the CMO, or expanding the list of exceptions to the definitions are identified as possible solutions to deal with the identified barriers.

Artificial Intelligence and Transparency: A Blueprint for Improving the Regulation of AI Applications in the EU

The adoption of Artificial Intelligence is steadily increasing, but the underlying algorithms have become so complex that they are no longer transparent. The EU has introduced some modest AI transparency requirements as part of its General Data Protection Regulation. However, two years after their introduction, the effectiveness of these rules remains questionable. Our aim is to contribute towards the further development of a governance framework for AI. We begin by explaining how the algorithms that enable the speed and data processing power of AI also obscure its transparency. We review how major guidelines on AI ethics operationalize algorithmic transparency, following which we assess whether these principles are adequately covered by the GDPR. We then present the results of semi-structured interviews of a heterogeneous sample of stakeholders of consumer information online (N=75). Our data provide evidence that the current implementation of the EU’s informed consumer paradigm fails to establish a satisfactory level of consumer protection and information online. If simple technological applications such as cookies remain non-transparent to consumers, the current approaches are entirely incapable of addressing the problem of complex AI applications. We conclude by formulating a policy proposal as to how the transparency of AI applications could be improved from the perspective of end users. artificial intelligence, explainable AI, automated individual decision-making, profiling, consumer protection, data protection, GDPR, information disclosures, transparency, AI ethics

Transpozycja konsumenckich dyrektyw maksymalnych na przykładzie dyrektywy turystycznej 2015/2302 do polskiego porządku prawnego

Dyrektywy konsumenckie licznie uchwalane w latach osiemdziesiątych i dziewięćdzie-siątych XX wieku były oparte na metodzie minimalnej harmonizacji. Nie przyniosło to jednak spo-dziewanych rezultatów w zakresie zadawalającego zbliżenia systemów prawnych państw człon-kowskich i na początku XXI wieku prawodawca unijny zrezygnował z harmonizacji minimalnej na rzecz harmonizacji zupełnej (maksymalnej). Na gruncie usług turystycznych obowiązywała dyrek-tywa z 1990 roku w sprawie zorganizowanych wakacji, wycieczek i podróży, oparta na najniższym wspólnym mianowniku. Obecnie została ona zastąpiona dyrektywą z 2015 roku w sprawie imprez turystycznych i powiązanych usług turystycznych, wpisującą się w trend dyrektyw maksymalnych. W artykule poddano analizie i ocenie skuteczność zastosowania metody pełnej harmonizacji jako sposobu realizacji celów i założeń dyrektyw konsumenckich na przykładzie dyrektywy turystycznej z 2015 roku. W założeniu harmonizacja maksymalna powinna wydatnie przyczyniać się do urze-czywistniania idei wspólnego rynku, ułatwiać przedsiębiorcom świadczenie usług w sposób tran-sgraniczny i jednocześnie zapewniać wysoki i jednolity poziom ochrony konsumentów. Jednakże analiza dyrektyw konsumenckich w kontekście ich transpozycji prowadzi do wniosku, że harmo-nizacja maksymalna raczej nie spełni pokładanych w niej oczekiwań. Nie doprowadzi do pełnego zbliżenia prawa w obszarach objętych zakresami dyrektyw; odrębności będą nadal występować i w dalszym ciągu będą zniechęcać konsumentów do usług transgranicznych. Natomiast negatywne konsekwencje transpozycji dyrektyw maksymalnych uwidoczniają się w postaci znacznej ingerencji w porządki prawne państw członkowskich i mogącym wystąpić negatywnym wpływem na stabil-ność krajowych systemów prawnych.

Legal Control for the Safety of Cosmetic Products Application Use in Malaysia

This study discusses the legal control over the safety of local cosmetics products and the level of consumer protection in Malaysia. Basically, beauty is a way of life for women. Various alternatives are made to make the face look beautiful and perfect by using a variety of products available in the market. As a result, manufacturers are working to produce a wide range of promising products for a short period of time but use illicit substances that threaten consumers in Malaysia.The purpose of this study is to assess the level of legal control provided in the safety of cosmetics for consumers and consumer protection in Malaysia. The results of the study found that there were still many products containing prohibited substances in the market based on current issues which found that consumers experienced the harmful effects from the use of unsafe cosmetics. Therefore, the legal control laws provided can control this matter by giving fines and compounds to operators who still produce products containing these prohibited substances.

Consumer Credit Advertising in the United Kingdom and Italy: the Shortcomings of the Consumer Credit Directive and Scope for Review

This contribution examines comparatively the national laws of the United Kingdom and Italy transposing the provisions of consumer credit advertising as set by the Consumer Credit Directive on account of its review. The Consumer Credit Directive is a full harmonization measure that aims to create a single market in the area of consumer credit with a high level of consumer protection. At the same time, the provision on consumer credit advertising offers a legal choice to Member States as regards its transposition into domestic law. The United Kingdom and Italy have opted for different legal choices. The ultimate question is the extent to which the Directive achieves its goal of creating an internal market and an adequate standard of consumer protection in advertising credit services to consumers. A comparison of the two jurisdictions suggests otherwise. This is due to a combination of the limited scope of the Consumer Credit Directive, its full harmonisation character, and the transposition of the legal choice explicitly left to Member States by the law. Consumer credit, advertising, EU Law, national transposition, legal choice, comparative law, full harmonization, review

The 2018 European Union report on pesticide residues in food.

Under EU legislation (Article 32, Regulation (EC) No 396/2005), EFSA provides an annual report which analyses pesticide residue levels in foods on the European market. The analysis is based on data from the official national control activities carried out by EU Member States, Iceland and Norway and includes a subset of data from the EU‐coordinated control programme which uses a randomised sampling strategy. For 2018, 95.5% of the overall 91,015 samples analysed fell below the maximum residue level (MRL), 4.5% exceeded this level, of which 2.7% were non‐compliant, i.e. samples exceeding the MRL after taking into account the measurement uncertainty. For the subset of 11,679 samples analysed as part of the EU‐coordinated control programme, 1.4% exceeded the MRL and 0.9% were non‐compliant. Table grapes and sweet peppers/bell peppers were among the food products that most frequently exceeded the MRLs. To assess acute and chronic risk to consumer health, dietary exposure to pesticide residues was estimated and compared with health‐based guidance values. The findings suggest that the assessed levels for the food commodities analysed are unlikely to pose concern for consumer health. However, a number of recommendations are proposed to increase the efficiency of European control systems (e.g. optimising traceability), thereby continuing to ensure a high level of consumer protection.

Credit unions in Croatia: challenges ahead and far forward

Credit unions as one of the prominent examples of mutual or cooperative societies in the financial sector share important tasks ranging from financial intermediation for different affinity groups, fostering financial inclusion and community development to social cohesion. In CEE countries, the mutual and cooperative sector in general and credit unions, as well, are less developed compared to advanced economies. This is due to historical and political reasons but also because of competitiveness in the financial sector, financial integration, regulatory requirements, low level of consumer protection and financial literacy. Low interest rate environment, digitalisation, development of the FinTech sector and demanding regulatory compliance could pose diverse effects on prospects of development of credit unions. The aim of this paper is to discuss development prospects of credit unions in Croatia from the perspective of regulatory changes, contemporary challenges in the financial sector, role in society and consumer perspective.

European standards of food safety and consumer protection

In this work, the authors explored the concepts of «consumption» and «consumer» in the context of food safety and consumer protection. It also set out the main objectives of European consumer policy and the ways in which they can be implemented. Based on an analysis of European legislation aimed at ensuring the health, economic and legal interests of consumers, it was determined how the European Union provides a general level of legal protection in the field of consumer policy. The authors found that each member state of the European Union has an obligation to implement generally accepted norms and standards in national law, in order to ensure a high level of protection of the rights of its citizens in the consumer sphere. In addition, the article provides an explanation of the terms «food safety» and «safe food», as well as identifies the main factors for maintaining food safety for the human body. The authors analyzed the concepts, purpose and role of European standardization in the context of consolidation of the united European market; the concepts of «standard» and «European standard» are explored, as well as the main ways of their creation and use. This article also outlines the legal status of the European Committee for Standardization, its key areas of activity and its impact on the European market. In addition, the process of creating a series of international ISO standards was investigated and its purpose established. Much attention was paid to the EU-wide HACCP system, its features and benefits. The GFSI International Standards and Certification System and its individual representatives were characterized, including the Food Safety System Certification 22000 (FSSC 22000), the British Retail Consortium Global Standard for Food Safety (BRCGS) and the International Food Standard (IFS). Requirements for implementation of these standards, their purpose, features and advantages were also identified. The authors found that in order to ensure a high level of consumer protection, it is advisable to simultaneously implement several European standards, along with the HACCP system, the most appropriate of which were proposed in the article presented.

EUROPEAN STANDARDS OF FOOD SAFETY AND CONSUMER PROTECTION

In this work, the authors explored the concepts of «consumption» and «consumer» in the context of food safety and consumer protection. It also set out the main objectives of European consumer policy and the ways in which they can be implemented. Based on an analysis of European legislation aimed at ensuring the health, economic and legal interests of consumers, it was determined how the European Union provides a general level of legal protection in the field of consumer policy. The authors found that each member state of the European Union has an obligation to implement generally accepted norms and standards in national law, in order to ensure a high level of protection of the rights of its citizens in the consumer sphere. In addition, the article provides an explanation of the terms «food safety» and «safe food», as well as identifies the main factors for maintaining food safety for the human body. The authors analyzed the concepts, purpose, and role of European standardization in the context of consolidation of the united European market; the concepts of «standard» and European standard» are explored, as well as the main ways of their creation and use. This article also outlines the legal status of the European Committee for Standardization, its key areas of activity, and its impact on the European market. In addition, the process of creating a series of international ISO standards was investigated and its purpose established. Much attention was paid to the EU-wide HACCP system, its features, and benefits. The GFSI International Standards and Certification System and its individual representatives were characterized, including the Food Safety System Certification 22000 (FSSC 22000), the British Retail Consortium Global Standard for Food Safety (BRCGS), and the International Food Standard (IFS). Requirements for implementation of these standards, their purpose, features, and advantages were also identified. The authors found that in order to ensure a high level of consumer protection, it is advisable to simultaneously implement several European standards, along with the HACCP system, the most appropriate of which were proposed in the article presented. Keywords: standardization, European standards, food safety, consumer protection.

In Search of a Lasting Lightbulb Moment: The Law and Policy of Product Obsolescence

Firms frequently employ various strategies that make products obsolete after a relatively short time or limited usage (“product obsolescence”). Early product obsolescence harms consumers, undermines market efficiency, and increases the waste the throw-away economy generates. While instances of suspected planned obsolescence have recently led to public outcry, the law and policy framework that addresses product obsolescence is partial and underdeveloped. This Article offers a principled and holistic approach to the regulation of product obsolescence. Part I presents the different forms of product obsolescence. The typology we offer in this Part highlights some types of obsolescence that escaped legal scrutiny. Thereafter, Part II reviews the harms that product obsolescence causes to consumers, competitors, the environment, and society. In doing so, we demonstrate how product obsolescence is at odds with two key EU commitments: a high level of consumer protection, and a proclaimed shift towards more ambitious environmental objectives. Next, Part III critically assesses the existing legal framework and its (in)ability to tackle effectively the problem of product obsolescence. Finally, Part IV offers policy recommendations, aimed at better utilizing existing and novel regulatory tools to cope with product obsolescence. Concluding remarks follow.

Adaptation of consumer law to the digital age: EU Directive 2019/2161 on modernisation and better enforcement of consumer law

This Paper examines the most important innovations in the recently adopted European Directive 2019/2161 on better enforcement and modernisation of Union consumer protection rules. First, by adding the innovative rules, such as the ones on the trustworthiness of online reviews, the Directive aims to adapt the European regulatory framework on consumer protection to the challenges and particularities of the digital age and the digital market. Second, through the sharp rise of the fines for breach of consumer law and through the introduction of a mandatory individual remedy to the consumers who has been a victim of unfair commercial practices, the Directive substantially contributes to strengthening of the general enforcement mechanism of EU consumer law and achievement of high level of consumer protection.

A Half-built House? The New Consumer Sales Directive Assessed as Contract Law

The new Consumer Sales Directive (2019/771 EU) is a total harmonisation directive intended to make cross-border sales more attractive to sellers by ensuring that the level of consumer‑protection rules differs less among Member States. The legislation process resulted, however, in several exceptions to this approach of total harmonisation. These exceptions, coupled with the fact that the directive does not regulate the consumer’s obligations under the sales contract, means that sellers must still be prepared to grapple with considerable differences in the level of consumer protection when offering their goods to consumers in other countries than their own. The Europeanisation of contract law seems to remain a contentious arena.

Mapping the Shadow Payment System

Recent years have witnessed the emergence and rapid growth of a large, diverse, and constantly evolving shadow payment system. The shadow payment platforms (SPPs) that populate this system perform many of the same core payment functions as conventional deposit-taking banks: including custody, funds transfer, and liquidity. The crucial difference is that SPPs operate outside the perimeter of bank regulation, thereby depriving customers of the deposit guarantee schemes, lender of last resort facilities, special resolution regimes, and other legal protections typically enjoyed by bank depositors. This paper represents the first attempt to map the global shadow payment system and identify what mechanisms, if any, SPPs use to protect their customers. Examining the business models and customer contracts of over 100 SPPs, we find that it is often difficult to ascertain information essential to evaluating levels of customer protection and, where such information is available, that customers generally enjoy relatively limited structural, contractual, or other private legal protections. This puts enormous pressure on public regulatory frameworks to ensure a sufficient level of consumer protection. Regrettably, we also find that the applicable regulatory frameworks in several key jurisdictions often provide a level of protection that is far below that enjoyed by bank depositors. These findings suggest that, at least from a consumer protection perspective, SPPs are currently not an effective substitute for bank-based payment systems.

Consumer Protection in Nigeria: The Nigerian Bankruptcy Act in Perspective

Advancement in technology, growth of industries and sophistication of goods and services has brought about an increased need for tougher legislations on consumer protection. Some legislation in areas of law especially in Commercial and Trade law remain very relevant in protecting consumers of goods and services from defective, substandard and hazardous goods and services. There are, however, some areas where protection is either inadequate or non-existent. The need to look at laws that impact on the lives of consumers with a view of making them more relevant cannot be overemphasized. Despite the existence of legislations, the level of consumer protection in Nigeria has remained low. This is attributed to a number of factors, prominent among others are ignorance of the consumer, weak implementation machinery or weakness of regulators, and inadequate publicity of the activities of enforcement agencies. Bankruptcy regulations also play an important role in consumer protection. This paper shall examine in detail the Nigerian Bankruptcy Act and its efforts in consumer protection in Nigeria.

Precision livestock farming in the context of meat safety assurance system

The food chain continuum `from farm to fork` should be managed to provide the appropriate level of consumer protection. Healthy animals are the essential precondition for obtaining a safe food supply. A science-based risk assessment includes the information about prevalence and concentration of major public health hazards of zoonotic origin (Salmonella, Campylobacter, Listeria monocytogenes, Yersinia, Verotoxin-producing E. coli/VTEC) and chemical contaminants (residues of veterinary drugs, dioxins, mycotoxins) in all modules along the food (meat) chain: farm-transport-slaughterhouse-meat processing-distribution-retailconsumers. The effective monitoring of biological or behavioural symptoms related to animal health and welfare can be achieved by Precision Livestock Farming (PLF). PLF emerged as a farm management approach based on information and communication technology (ICT). It can enable the early disease detection system using electronic information transfer from biosensors, in optimising animal health, production and management processes on farm. PLF can deliver added value to the integrated meat safety assurance system (MSAS) by providing real-time evidence of animal health and welfare status. This will strengthen understanding of all three major aspects of MSAS that must be monitored: biological hazards (farm-slaughterhouse continuum), animal health and welfare (Food Chain Information (FCI) quality and flow), and contaminants (prioritisation in monitoring based on FCI information).

Economicrealizationofpropertythroughcooperation

The economic realization of property in a market economy is also manifested in a special form of organization of economic activity and entrepreneurship – cooperation. When organizing business through cooperation, a more vague alienation of the worker from the means of production is manifested, which allows to optimally resolve the contradiction between labor and capital. Around the world, most cooperative enterprises are based on various modifications of communal-collective ownership. In the conditions of modern Russia, in order to overcome the economic lag and import substitution, the transition to full-fledged market relations, the further development of ownership forms, the cooperative form of economic management is becoming increasingly important. The growing number of cooperative entrepreneurship contributes to de-monopolization and the development of healthy competition, increasing the level of consumer protection, increasing the number of jobs and reducing unemployment, creating a layer of collective owners as a social basis for the stable development of society and the welfare of the population. An analysis of numerous publications on the issue of cooperation in recent years suggests that representatives of cooperative management, without demanding large capital and production facilities, know-how and serious experience in manufacturing products with special consumer qualities, are created by their economic nature for "Start from scratch". In the article, the co-authors investigated issues related to the economic form of realization of property through cooperation. Questions concerning the history of the cooperative movement, foreign and Russian experience in the functioning and development of various forms of cooperation are considered.

Consumer Protection and the Regulation of Mobile Phone Contracts: A Study of Automatically Renewable Long-Term Contracts Across Jurisdictions

This article deconstructs mobile phone contracts as an example of long-term contractual relations in four jurisdictions to reveal that there are three elements which define consumer protection. The elements are contract duration, renewal of the agreement and unilateral modification. Each of these factors are regulated differently in each of the jurisdictions, but, assessed collectively, similar levels of consumer protection are found. The authors show that the reason for the different weighting is determined by regulation (subject-specific or general); by external factors, such as technological development, geography or business considerations; and by wider cultural considerations. The comparison of these features across the jurisdictions shows that, ultimately, regulatory intervention plays little role in contract design, unless an overwhelming policy goal is pursued, which means that, in most cases, regulators would be advised to avoid or reduce regulation of mobile phone and other long-term contracts.

The 2017 European Union report on pesticide residues in food.

The latest in this series of annual reports describes in detail the official control activities carried out for pesticide residues by EU Member States, Iceland and Norway in 2017. Under Article 31 of Regulation (EC) No 396/2005, Member States are requested to share the results of their official control activities and other relevant information with the European Commission, EFSA and other Member States. Based on the results provided by the reporting countries, a detailed analysis was performed on the pesticide occurrence data in the relevant food products consumed and the dietary risk related to the exposure of European consumers to pesticide residues was estimated. Overall, 95.9% of the 88,247 samples analysed fell within the legal limits (84,627, samples). In 54.1% of the tested samples, no quantifiable residues were reported (residue levels below the limit of quantification (LOQ)), while 41.8% of the samples analysed contained quantified residues at or below the maximum residue levels (MRLs). The dietary risk assessment indicated that, for the samples analysed, the probability of European citizens being exposed to pesticide residue levels that could lead to negative health outcomes is low. Based on the analysis of the 2017 results, EFSA derived several recommendations to increase the efficiency of the European control systems to ensure a continuing high level of consumer protection.

Benchmarking the Current Codex Alimentarius International Estimated Short-Term Intake Equations and the Proposed New Equations.

The International Estimated Short-Term Intake IESTI equations are used during the establishment of Codex Maximum Residue Limits. A recent proposal to revise the equations sparked international debate regarding selection of residue inputs and the appropriate level of consumer protection. The 49th Codex Committee on Pesticide Residues meeting recommended benchmarking the IESTI equations against distributions of actual exposures. Using publicly available data and models, this work compares dietary exposures for strawberries, tomatoes, and apples at five levels of refinement to place these equations into context relative to real-world exposures. Case studies were based on availability of robust USDA PDP monitoring data, which is uniquely suited to refine dietary exposures for a population. Benchmarking dietary exposure involves several decision points. Alternate methodology choices are not expected to impact the large margins observed between the probabilistic estimates and the IESTI equations or to change the overall conclusion that existing IESTI equations are conservative and health-protective.

Understanding How Consumers Categorise Health Related Claims on Foods: A Consumer-Derived Typology of Health-Related Claims.

The Nutrition and Health Claims Regulation (NHCR) EC No 1924/2006 aims to provide an appropriate level of consumer protection whilst supporting future innovation and fair competition within the EU food industry. However, consumers’ interpretation of health claims is less well understood. There is a lack of evidence on the extent to which consumers are able to understand claims defined by this regulatory framework. Utilising the Multiple Sort Procedure (MSP), a study was performed (N = 100 participants across five countries: Germany, the Netherlands, Slovenia, Spain and the United Kingdom) to facilitate development of a framework of health-related claims encompassing dimensions derived from consumers. Our results provide useful insight into how consumers make sense of these claims and how claims may be optimised to enhance appropriate consumer understanding. They suggest consumers may not consciously differentiate between a nutrition claim and a health claim in the way that regulatory experts do and provide insight into where this might occur. A consumer-derived typology of health-related claims based on three key dimensions is proposed: (1) Familiarity with the nutrient, substance or food stated in the claim; (2) statement type in terms of simplicity/complexity; (3) relevance of the claim, either personally or for a stated population group.