Consumer Protection Research Articles

A RESPONSABILIDADE CIVIL DOS INFLUENCIADORES DIGITAIS PELOS PRODUTOS E SERVIÇOS DIVULGADOS NAS REDES SOCIAIS

The study addresses the civil liability of digital influencers for the products and services promoted on social media, focusing on the possibility of holding these agents accountable for damages caused to consumers. The research’s main objective is to provide a doctrinal and case-based analysis of the influencers’ role in digital media to understand their legal limits and obligations arising from product and service promotion. A bibliographical, qualitative methodology was applied, using the deductive method through doctrinal texts, court decisions, and academic articles discussing the topic. The results revealed the need for clearer regulation concerning the civil liability of influencers, particularly regarding misleading or abusive advertising. The study concludes that the activity of digital influencers must be based on transparency and compliance with consumer protection laws, and that more detailed guidelines for digital marketing are needed. Furthermore, the research shows that Brazilian courts have begun to deal with lawsuits involving influencers, with a tendency to hold both influencers and sponsoring companies jointly liable for the damages caused. This study contributes to a better understanding of the legal complexities surrounding the role of digital influencers and reinforces the importance of ethical and responsible conduct in the digital environment.

The Outlook of Financial Consumer Protection in China: Learning from the American Approach

In China, the range of financial derivative products has expanded considerably in recent years, with a corresponding increase in the complexity of these instruments. Financial institutions now offer a diverse array of financial products to consumers. There is a considerable disparity between financial consumers and financial institutions in a number of areas, including economic strength, social status, professional composition, negotiation ability and even judicial resources. Consequently, the topic of financial consumer protection is receiving increasing attention, and this issue is also a matter of considerable concern to countries around the world. A unified and effective system for the protection of financial consumers has yet to be established in China. In the event of a dispute regarding the consumption of financial products, it is often challenging for consumers to pursue appropriate redress, resulting in a situation where they have no recourse. The question of whether China should enact a unified Financial Consumer Protection Law, establish an independent financial consumer protection agency, and integrate the measures and regulations for protecting financial consumers in the financial services market in order to provide a convenient and fair mechanism for handling financial consumption disputes is a key area of study.

Potential Production of Mycotoxins by the Fungal Flora Isolated from "Garba" (Côte D'ivoire)

Garba, an Ivorian dish composed of attiéké (a fermented cassava couscous), fried tuna, and condiments, is increasingly consumed by the population, particularly in the streets of Abidjan. However, garba could pose a health risk to consumers. This study, aimed at preserving public health, sought to identify the toxigenic fungal flora present in garba sold on the streets of Abidjan. To this end, 300 garba samples were collected from four districts of Abidjan. Fungal strains contaminating the garba were enumerated and identified using classical mycological methods. Mycotoxins (aflatoxins and ochratoxins) were quantified using High-Performance Liquid Chromatography (HPLC). Results showed that the average mold counts ranged from 0 to 1.8 x 10^3 CFU/g. The isolated mold strains belonged to ten species grouped into four genera: Aspergillus, Mucor, Penicillium and Paecilomyces, with Mucor spp. (36.89%) and Aspergillus niger (30.09%) being the most predominant. The mycotoxins detected in garba were aflatoxins (B1, B2, G1, and G2) and ochratoxin A, with average levels ranging from 0.42 to 8.07 µg/kg. Approximately 37% and 23% of garba samples had total aflatoxin and aflatoxin B1 levels exceeding regulatory limits. The presence of potentially mycotoxigenic fungal strains in garba could pose a health risk to consumers. Compliance with good hygiene practices during the production and sale of garba will therefore be necessary to considerably reduce contamination and protect consumer health.

Brand Loyalty through Consumer Protection of Selected E-Commerce Firms

Ensuring consumer rights and addressing their various concerns has been identified as a crucial step in securing customer loyalty. However, the e-commerce sector in Nigeria has struggled to retain its customers due to its failure to adequately protect consumer rights. This lack of consumer rights protection has resulted in poor customer loyalty, with users frequently abandoning e-commerce platforms. This study examines the effect of consumer protection on brand loyalty within selected e-commerce firms. The research surveyed 497 active users of these e-commerce platforms with a 90.3% return rate and employed multiple regression analysis to assess the results. The findings revealed that consumer protection has a significant effect on purchase decisions (Adj.R² = 0.660, F(3, 445) = 290.639, p < 0.05), customer trust (Adj.R² = 0.580, F(3, 445) = 207.126, p < 0.05) and customer satisfaction (Adj.R² = 0.590, F(3, 445) = 215.819, p < 0.05) of listed e-commerce firms in Lagos State, Nigeria. Consequently, the study concludes that consumer brand protection significantly influences the brand loyalty of selected e-commerce firms, recommending that e-commerce management prioritize the recognition and protection of consumer rights to enhance brand loyalty

Legal Implications of Building Use Rights Certificates Without Land Status Information: Consumer Protection and the Responsibility of the National Land Agency

Abstract: This research examines the legal uncertainties arising from the issuance of Building Use Rights (HGB) certificates on land with Management Rights (HPL) owned by the Special Capital Region of Jakarta. The lack of clarity in the National Land Agency's certificate, which does not explicitly state that the building use rights are based on land management rights, leads to confusion and a sense of deception among consumers, making this issue crucial. This issue holds significant importance as the National Land Agency's certificate, which does not explicitly state that building use rights are based on land management rights, leads to consumer confusion and feelings of deception. When consumers applied for a certificate extension 20 years after the National Land Agency issued the Certificate Extension Decision Letter, the agency abruptly retracted both the Decision Letter and the certificate. This was due to the BPN's recent realization that the land was under Land Management Rights. This research uses a normative juridical approach to analyze the legal responsibility of the National Land Agency in the issuance of certificates. The data collection technique uses document studies, while the analysis technique uses court decision studies. Research results indicate that Building Use Rights (HGB) certificates that do not specify the type of land—whether it is on state land, Land Management Rights, or ownership rights—have the potential to harm consumers and cause legal disputes. Therefore, this study recommends land policy reforms to ensure legal certainty and consumer rights protection in property transactions. Keywords: Building Use Rights, Land Management Rights, Land Certificate, Legal Certainty, National Land Agency

Exploring Business Morals in the Cutting-Edge Corporate World

In the modern corporate world, business ethics has become a critical factor influencing the sustainability and success of organizations. With the rise of globalization, technological advancements, and increasing demands for corporate accountability, companies face complex ethical challenges that require strategic navigation. This article explores the growing importance of business ethics, focusing on key challenges such as globalization, data privacy, diversity, and profit pressures. It further outlines the role of leadership, corporate social responsibility (CSR), and transparency in maintaining ethical standards. Through case studies and real-world examples, the article provides a framework for how businesses can navigate ethical dilemmas, balance profitability with social responsibility, and foster long-term trust with stakeholders. Keywords : Corporate Ethics, Sustainability, Social Responsibility, Transparency, Stakeholder Engagement, Corporate Governance, Ethical Leadership, Fair Trade, Diversity and Inclusion, Data Privacy, Artificial Intelligence Ethics, Consumer Protection, Environmental Stewardship, Profit vs. Purpose, Whistle blower Protections, Corporate Accountability, Supply Chain Ethics, Workplace Culture, Innovation Ethics, Regulatory Compliance

OS DESAFIOS DA PROTEÇÃO DO CONSUMIDOR NO COMÉRCIO ELETRÔNICO

With technological advances, a large part of everyday activities have migrated to the virtual environment, causing legislation to adapt to ensure citizens' rights in all situations. Consequently, e-commerce has grown exponentially in recent decades, bringing numerous benefits but also significant challenges for consumer protection. Considered vulnerable and, therefore, insufficient, consumers have been even more exposed to risky situations when concluding electronic contracts, which is why this article aims to present the biggest challenges to consumer protection in the virtual environment. To this end, the research uses the deductive method of study, carried out through bibliographical consultation of legislation, doctrine and jurisprudence, aiming to protect consumers in the face of online transactions, data security and quality of products and services contracted via the internet. Furthermore, it is intended to examine existing regulations at national level aimed at protecting consumers in the digital environment and the application of CDC articles in these cases, while there is no specific legislation for these contracts.

Examining the Efficacy of the Law of Sale of Goods and Supply of Services Act 2017 in the Lens of Consumer Protection in Uganda

This study investigates the effectiveness of the Sale of Goods and Supply of Services Act 2017 on consumer protection by examining the legal framework governing it at the national and international levels. Findings reveal that Uganda’s consumer protection law falls short and even the available laws do not protect consumers extensively. This Act also does not cater for any redress system for consumer disputes, rights, and remedies of a consumer, and it is upon such a critical analysis that one can conclude that there is an urgent need to protect consumers in Uganda, mainly by setting up a redress system for consumer dispute resolution. More legislation should be enacted and passed, and consumer rights should be enforced since they are intrinsic to any democratic state, and this will lead to economic development. In light of the observations, the article recommends that the government of Uganda amend the law to include the e-commerce provisions that protect consumers on digitally procured products, both intangible and tangible, which give clear and full protection to consumers against fault-sold digital content products. More so, the government of Uganda should amend the Sale of Goods and Supply of Services Act to clearly define “goods” to also expressly cover digital products and clearly stipulate the mode of digital transactions since such goods are different from ordinary goods that the consumer is able to examine before purchasing them. Keywords: Sale of Goods and Supply of Services, and consumer protection

Epidemiological features of chronic hepatitis B in the Russian Federation and the Samara region

Research objective. To analyze the epidemiological features of chronic hepatitis in the Russian Federation and in the Samara region.Materials and methods. The data of official statistics were analyzed: the materials of the Federal Service for Supervision in the Field of Consumer Protection and Human Welfare, the Office of the Federal Service for Supervision in the Field of Consumer Protection and Human Welfare in the Samara Region.Results. The long-term dynamics of the incidence of newly diagnosed chronic hepatitis B in the Russian Federation and the Samara region in 1999–2021 was synchronous. In 1999–2001 the incidence of HCV (Chronic hepatitis B) in the Russian Federation and the Samara region had maximum values of 16,00⁄0000–22,50⁄0000. In the Samara region, it was higher than in the country. As a result of systematic measures to vaccinate the population against HCV during the period of mass immunization (2006–2021), the rate of decrease in the incidence of HCV in the Samara region decreased from 14,5 0⁄0000 to 2,40⁄0000 and in the country – from 14,0 0⁄0000 to 4,50⁄0000. The introduction of immunization of the child population against HCV in the Samara region had a positive effect on the incidence of HCV. From 2000 to 2021, the incidence of HCV decreased by 9,4 times. If in 2000 the incidence of children with HCV was 4,20⁄0000 in the Russian Federation, in 2002–7,30⁄0000 in the Samara region, then in 2021 in the Russian Federation it decreased to 0,080⁄0000, no cases were registered in the Samara region.

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI)

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.

Assess the knowledge regarding food adulteration among house wife: A study on berhampur city of Ganjam district, Odisha

Adulteration of food has occurred if it contains any substance injurious to health; it contains any filthy, putrid or decomposed substance; it is prepared, handled or stored under unsanitary conditions; diseased animals have been used in preparation; the container is made of a poisonous substance which will render the contents harmful; contains colours and preservatives other than those permitted by law; it contains pesticide residues or additives not recognised as safe etc. foods may be adulterated either intentional or incidental at all stages from production to selling. Food is adulterated if its quality is lowered or affected by the addition of substances which are injurious to health or by the removal of substances which are nutritious. The present study focuses on the awareness of the housewives among the consumers on food adulterants and to find out the extent of adulteration of the food stuffs. This study was conducted to assess the knowledge about food adulteration among 100 housewives in selected areas, Berhampur. A survey was conducted to collect the information through interview method. They must be well acquainted with the physical food characteristics such as appearance, colour, shape, texture, touch, flavour, taste etc. The urban and rural women are using the home test method for detecting food adulteration. Some urban house wives are having knowledge about food law and the rest of the housewife’s are not aware about food law. The rural housewife’s are not having any knowledge regarding food law, food standard and consumer protection Act. It can be concluded that some women are not having any knowledge regarding different adulteration programme. So, the government and people should promote the different adulteration programme. The media should take a great role to aware women in an interesting and attractive manner. Hence, it is essential to create community awareness and take interventional measures for the health and wellbeing of the community

Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat

Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.

The Co-constitution of Bad Religion and Unethical Sales

Legal decisions surrounding activities associated with beliefs often described as “religious” usually conflate with laws and regulations that delineate other aspects of the context in which such activities occur. For example, transactions with psychics or fortune tellers usually need to abide by general consumer protection laws. In this article, I argue that controversies surrounding frauds and other troubles occurring during such transactions point to the equation “bad religion=unethical sales.” To explain my argument, I first compare the rise of “spiritual sales” as a legal category in Japan in the last 35 years, to British regulations of mediumship. I then proceed to locate the emotion of “fear” at the centre of debates about the appropriateness of these laws for consumer protection. I end up concluding that “spiritual sales” are yet another example in which, today, the consumer’s negative feelings have become the basis for claims of illegality, in contrast to how positive feelings are proof of sincerity and transparency.

Enhancing the efficiency of e-commerce through digital technologies: Economic and legal aspects

The research is aimed at analyzing the economic and legal aspects of the functioning of digital technologies in the field of electronic commerce, as well as studying the impact of these technologies on the efficiency of processes and their interaction with various aspects of legislation regulating the field of electronic commerce. In the course of the research, literary sources and legal acts were analyzed with the aim of generalizing approaches to understanding electronic commerce and establishing the main principles of its regulation. The analysis of statistical data made it possible to identify trends in the development of the e-commerce market and the influence of negative external factors. In turn, the application of methods of generalization and systematization made it possible to determine the key aspects of the implementation of digital technologies to increase the efficiency of electronic commerce and identify regulatory gaps in this area. The results of the research confirm that e-commerce in Ukraine plays an important role in the digital economy, ensuring efficiency and profitability for businesses. An analysis of the e-commerce market showed the growth of the use of the Internet for shopping, even in difficult socio-political conditions. Therefore, despite the challenges facing the country, e-commerce remains a sustainable and powerful tool for business development and consumer activity. However, it is necessary to improve the legal framework in order to meet the requirements of modernity and to ensure the protection of consumers’ and market participants’ rights from technical and other risks related to electronic commerce.

Legal Protection For Consumers Related To The Circulation Of Hard Drugs By Unlicensed Drug Stores In Indonesia

One of the aspects of welfare that must be achieved in line with the national aspirations of Indonesia is public health, which is acknowledged as a fundamental right governed by the 1945 Constitution. However, there is a growing risk of hard drug misuse due to people's inclination to self-medicate without a prescription. Government Regulation Number 51 of 2009 and Law Number 17 of 2023 stipulate that only pharmacists with a prescription from a doctor are authorized to administer hard substances. Nonetheless, it is still common for illicit drug outlets to offer strong pharmaceuticals to customers without a prescription, which puts their health at risk. This study employs a normative juridical methodology that combines a case-based and statutory approach. Despite the legal protections for consumers regulated in Law Number 8 of 1999 (UUPK), many consumers do not understand their rights and obligations, so they are vulnerable to fraud and health risks. The findings of this research indicate the need for increased public awareness and stricter law enforcement to protect consumers from the misuse of hard drugs. As well as supervision by BPOM and the Public Health Office as an effort to control the circulation of hard drugs without a doctor's prescription, which are sold in drug stores that do not have a business license.

Limitations of the investor information confirmation form in capturing investor risk propensity

The financial consumer protection laws in South Korea emphasize the principle of suitability to ensure the well-being of the financial consumer. To adhere to these regulations, financial institutions utilize the behavioral risk assessment (BRA) form to assess investors’ characteristics. This study evaluates the effectiveness of these forms in capturing investor risk propensities, using Economic Risk Attitude (ERA), Instrumental Risk-Taking (IRT), and Stimulating Risk-Taking (SRT) as comparative benchmarks. Unlike previous research focused mainly on financial risk attitudes, this study introduces a multidimensional approach that includes psychological factors like SRT, offering a more comprehensive understanding of investor behavior. Findings reveal that while BRA assessments correlate with ERA and IRT, they fail to capture the excitement-driven aspects of risk propensity represented by SRT, indicating that BRA forms may inadequately reflect investors' risk profiles. This underscores the need for refining BRA forms by integrating psychological risk factors, advocating for a multidimensional framework that enhances consumer protection and enables more tailored investment strategies. The study contributes actionable insights for financial consumer protection and sets the stage for integrating advanced technologies, such as AI, to further refine risk assessments.

Metabolomics based on GC-MS combined with chemometrics for geographical discrimination of garlic (Allium sativum L.)

Ensuring the geographic origin of products helps protect consumers against fraud and mislabeling. This study investigates the metabolomic profiles of garlic (Allium sativum L.) samples from Brazil and China using gas chromatography-mass spectrometry (GC-MS). Multivariate analysis Partial Least Squares Discriminant Analysis (PLS-DA) and Orthogonal PLS-DA (Ortho PLS-DA) revealed clear metabolic distinctions between the two sample groups with high classification accuracy. Brazilian garlic samples showed higher levels of sulfur compounds, such as allyl propyl sulfide, cysteine sulfonic acid, and S-carboxymethyl-L-cysteine, which contribute to its pungency and potential health benefits. Amino acids L-arginine, L-glutamic acid, and L-cysteine were also significantly increased in garlic from Brazil. In contrast, Chinese garlic exhibited higher intensities of sugars (e.g., D-fructose, D-mannose) and essential amino acids (L-tryptophan, L-valine, and L-leucine). These differences in metabolism are the result of distinct metabolic profiles. GC-MS-based untargeted metabolomic and chemometric analysis were able to differentiate the geographical origin of Brazilian and Chinese garlics and remain valuable to food authentication and quality control. Further studies are needed to confirm the biomarkers for origin verification here stated.

Food additive preservatives and antioxidants and risk of type 2 diabetes - NutriNet-Santé cohort

Abstract Background Experimental studies suggested potential detrimental effects of some food additive preservatives and antioxidants (PA) on metabolic health, but epidemiological data is lacking. This study aimed to investigate for the first time the associations between exposures to a wide range of PA and type 2 diabetes (T2D) risk in a large population-based cohort. Methods Participants (n = 108,723, 79.2% women, mean age=42.5y, SD = 14.6) from the French NutriNet-Santé prospective cohort (2009-2023) completed repeated 24h-dietary records including specific brands of industrial products. PA exposure was assessed using composition databases and laboratory assays. We characterised associations between time-dependent exposures to PA and risk of T2D using multivariable Cox models adjusted for known confounders. Results 1131 T2D cases were identified during follow-up. Exposures to the following PA were associated with a higher risk of T2D: potassium sorbate E202 (HR per a 25 mg/d increment=1.12, 1.08-1.17, p < 0.001), sodium nitrite E250 (HR 0.25 mg/d = 1.06, 1.00-1.12, p = 0.04), calcium propionate E282 (HR 25 mg/d =1.07, 1.02-1.12, p = 0.008), lecithins E322 (HR 100 mg/d =1.02, 1.01-1.04, p = 0.008), citric acid E330 (HR 500 mg/d=1.08, 1.04-1.12, p < 0.001), and phosphoric acid E338 (HR 50 mg/d=1.11, 1.05-1.18, p < 0.001). Conclusions This large prospective cohort revealed positive associations between T2D risk and exposures to several PA widely used in industrial foods. Key messages • This large prospective cohort revealed positive associations between T2D risk and exposures to several PA widely used in industrial foods. • If these results are confirmed, regulations governing PA’s use by the food industry could be re-evaluated for better short- and long-term consumer protection.

Food additive monosodium glutamate and risk of cardiovascular diseases - NutriNet-Santé cohort

Abstract Background One may add monosodium glutamate (MSG) to food for its flavour-enhancing properties. However, its implication in long-term cardiovascular health is uncertain due to a lack of precise epidemiological evidence. This study aimed to investigate the associations between food additive glutamate exposures and cardiovascular disease (CVD) risk, including cerebrovascular disease (CVA) and coronary heart disease (CHD) risks in a large prospective cohort of French adults. Methods Participants (n = 108,932, 79.3% women, mean age=42.4 years, SD = 14.5) were 15 years old and above from the French NutriNet-Santé prospective cohort (2009-2023). We assessed dietary intakes using repeated 24h-dietary records and exposure to food additive glutamate using food composition databases and laboratory assays. We characterised associations between cumulative time-dependent continuous exposures to total glutamate, natural glutamic acid, MSG and risk of CVD, CVA, and CHD using multivariable proportional hazards Cox models adjusted for known risk factors for standardised increments of glutamate intake. Results During follow-up (median 7.92 years), 2397, 1113, and 1284 participants were diagnosed with CVD, CVA, and CHD respectively. Higher intakes of naturally occurring glutamic acid (HR per 3000 mg/d increment=1.08, 95% CI [1.01-1.16], p-value=0.03), food additive MSG (HR per 200 mg/d increment=1.05, 95% CI [1.01-1.09], p-value=0.03), and total glutamate (HR per 3000 mg/d increment=1.09, 95% CI [1.01-1.17], p-value=0.02) were associated with higher risks of CHD (p-value for non-linearity>0.6). Conclusions This large prospective cohort study revealed positive associations between exposure to the widely used glutamate food additives, especially MSG (E621) and CVD, CVA, and CHD risks. Key messages • This large prospective cohort study revealed positive associations between exposure to the widely used glutamate food additives, especially MSG (E621) and CVD, CVA, and CHD risks. • If confirmed, our findings regarding MSG could lead to a re-evaluation of the safety of these food additives by European and international public health agencies to improve consumer protection.