Consumer Protection Research Articles

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.

AUTHORITY OF BADAN PENYELESAIAN SENGKETA KONSUMEN RESOLVING DEFAULT DISPUTES IN CONSUMER FINANCING

This research aims to explore and study the cause of different perspective between Badan Penyelesaian Sengketa Konsumen (BPSK) and Supreme Court, regarding the authority of BPSK in Resolving Wanprestasi Disputes in Consumer Financing, as well as to examine the boundaries of BPSK in resolving Wanprestasi disputes in consumer financing in order to achieve the legal certainty. This research is a normative research which use constitutive approach and conseptual approach. The data collection method is using literature review and interview. The primary legal materials and secondary legal materials are analyzed by descriptive qualitative to answer the legal matters which being studied. The logic of deductive is used to draw conclusion. The result of this research is there are some factors which causes different perspective betweeen BPSK and Hakim Agung; BPSK still believes that the Wanprestasi dispute in consumer financing is their authority, the blurry criteria of disputes which are the authority of BPSK and the absence of limitative boundaries to BPSK authority towards Consumers Protection Law. The limitations of BPSK’s authority is they need to clarified the definition of consumer’s disputes as wanprestasi disputes is included in BPSK’s authority. The disputes handled by BPSK should have minor loss, and if a place of dispute resolution in BPSK’s court already in the agreement of consumer financing, BPSK must reject it.

Balancing the tradeoff between regulation and innovation for artificial intelligence: An analysis of top-down command and control and bottom-up self-regulatory approaches

In response to the rapid development of AI, several governments have established a variety of regulatory interventions for this technology. While some countries prioritize consumer protection through stringent regulation, others promote innovation by adopting a more hands-off approach. However, this tradeoff has not been analyzed systematically. We developed an economic theory on how the welfare-maximizing level of regulatory stringency for AI depends on various institutional parameters. Our game-theoretic model is motivated and built upon the comparison of regulatory documents for AI from the EU, the UK, the US, Russia, and China. The results show that if a government strives to find the right balance between innovation and consumer protection to maximize actual consumer welfare, stringent regulation is optimal when foreign competition is either high or low, whereas light-touch regulation is optimal when foreign competition is intermediate. Meanwhile, minimal regulation is rationalizable only if a government prioritizes other objectives in its agenda, such as maximizing innovation, domestic producer surplus, or perceived consumer welfare.

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.

Directions of transformation of the financial market infrastructure

Financial markets have adopted measures aiming at strengthening insurance industry and digital financial assets. Efforts have also been made to strengthen the financial sector and expand lending opportunities in times of economic turmoil. The role of the central banks as a mega-regulator have played a crucial role in implementing coordinated policies and improving the stability of the financial sector. This review paper analyses 100 papers and proposes recommendations for policy makers. The results confirm the financial sector has shown positive performance indicators, and the capital market has become increasingly important along with non-credit financial institutions. However, the growing number of first-time investors in the capital market requires a renewed focus on consumer protection and financial literacy. In addition, the development of digital technologies has changed the landscape of financial services, forcing financial institutions to fight for continued customer loyalty.

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.

Decoding Online Consumer Behaviour Towards Counterfeits: Insights from Systematic Literature Review and Future Research Framework

Theoretical background: Counterfeiting poses a significant global challenge, negatively impacting businesses and consumers. This issue has been exacerbated by the rapid growth of online shopping, which has increased the availability and accessibility of counterfeit products. Despite the growing prevalence of counterfeit goods in the online marketplace, there remains a substantial research gap in understanding the dynamics of online counterfeit consumption. Previous studies have primarily focused on offline counterfeit markets, leaving a void in the literature regarding the unique factors that influence consumer behaviour and intentions in the digital environment. Purpose of the article: The aim of the article is to examine the factors influencing consumer behaviour and intentions in the context of purchasing counterfeits online. The conducted systematic review aims to fill the existing research gap by identifying new and overlooked themes and suggesting directions for future research in this area. Research methods: The article integrates empirical studies on online counterfeit purchases conducted between 2008 and 2024. The analysed articles were classified based on the year of publication, research methodologies, and characteristics of the study population. Main findings: The review identifies four thematic categories: person-centric, social and cultural, market-related, and risk-related themes. The insights provide valuable guidelines for researchers, highlighting areas for further investigation, and offer practical recommendations for policymakers and marketers to combat counterfeiting and protect consumer interests online.

Consumer Confusion: The Sole Focus of Trademark Law

Abstract: In recent years, the expansion of the global marketplace, driven by the digital revolution, has led to a growing complexity in trademark disputes. The balance between protecting intellectual property and preventing consumer confusion has become increasingly delicate. Traditionally, trademark law was designed primarily to prevent consumer confusion and ensure fair competition. However, with the introduction of the dilution concept, this focus has shifted, resulting in expanded trademark rights that can inhibit innovation and free competition. This paper revisits the original intent of trademark law, advocating for a refocus on consumer confusion as the core principle. Through an examination of legislative intent, theoretical underpinnings, and case law, this paper demonstrates the need to reorient trademark protections to ensure they serve the broader goal of market fairness and economic development. This research highlights that excessive protection of trademark rights can lead to monopolistic practices, which ultimately harm both consumers and market competition. It contributes to the ongoing discussion about how to balance trademark rights with consumer protection, aiming to guide future legal reforms that foster both innovation and competition.

The Urgency of Official Non-Halal Labels in Restaurants as a Consumer Protection in Indonesia

The Urgency of Official Non-Halal Labels in Restaurants as a Consumer Protection in Indonesia

Bacteriological Quality of Salads Sold at Selected Restaurants in Accra, Ghana

Background: The increasing prevalence of chronic non-communicable diseases has led to a greater emphasis on the consumption of healthy foods, such as vegetables. Vegetable salads from restaurants are generally perceived as safe. We investigated the bacteriological quality of vegetable salads sold in two popular restaurants in Accra. Methods: Twenty salad samples were purchased from two popular restaurants (A and B) with two branches each in Accra, Ghana. Restaurant A had branches at Dansoman and North Industrial Area, while B had branches at Osu and Tesano. Total aerobic colony forming unit (CFU) and biochemical assays were performed by standard culture techniques and protocols, to determine the microbial load and species present. Results: Mean aerobic bacteria count was 1.77E5 and 1.45 E5 CFU/g for Restaurants A, and B respectively. The North Industrial Area branch of A had more CFUs (2.64E5 CFU/g) than the Dansoman branch (0.9E5 CFU/g), and statistically significant (p=0.0010). The Tesano branch of restaurant B had higher CFUs (1.9E5 CFU/g) than the Osu branch (1.0E5 CFU/g), and also statistically significant (p=0.0022). Furthermore, ANOVA across the four branches showed a significant difference (p<0.0001). The main isolates identified from both restaurants were Enterobacter spp. (28.7%), Citrobacter spp. (20.4%), Klebsiella ssp. (18.5%) and Enterococcus spp. (7.4%). Conclusion: Enterobacter species was predominant among others. Education of the restaurant staff, and the application of food safety and handling procedures must be established, and food regulatory institutions must carry out routine inspection at these sites to ensure consumer protection and public health.

Legislative Drafting: The Consumer Protection Act

Legislative Drafting: The Consumer Protection Act

Medigap-guaranteed issue associated with Medicare Advantage disenrollment for beneficiaries administered a part B drug.

While many Medicare beneficiaries are enrolling in Medicare Advantage (MA), some beneficiaries may want to return to traditional Medicare and purchase Medigap, especially beneficiaries who have greater medical needs. Beyond minimal federal regulations, states impose additional regulations that impact Medigap affordability. Beneficiaries in some states have greater difficulty obtaining Medigap coverage because the states where they live allow Medigap insurers to experience rate the beneficiary, which can make Medigap insurance prohibitively expensive. We examined beneficiaries who received physician-administered drugs, which can be expensive and subject to high cost sharing, to see if disenrollment from MA for these beneficiaries was greater in states with Medigap consumer protection policy levels. In 2020, we find a 1.0% average baseline average probability of MA disenrollment. For beneficiaries who received a physician-administered drug in our sample, the probability of MA disenrollment is 3.7 (95% CI, 2.6-4.8; P < .001) percentage points higher in Medigap-guaranteed issue states compared with states with no protections. We find a greater association between MA disenrollment and Medigap protection policies with higher cost drugs. These findings suggest that beneficiaries who receive a high-volume and high-spending physician-administered drug are more likely to disenroll from MA back to traditional Medicare when Medigap is more affordable.

Efforts to Improve Legal Protection for Consumers in Electronic Transactions

The field of business law is evolving rapidly, driven by technological advancements. As technology progresses, the law must also adapt to keep pace with the changing times. In Indonesia, the concept of online sales and purchase transactions (e-commerce) has begun to emerge, potentially leading to legal challenges. Consumer protection in Indonesia is governed by Law No. 8 of 1999 on Consumer Protection. This article will provide a brief discussion on consumer protection in e-commerce transactions and explore how Indonesia's legal framework regulates relevant consumer protection laws to address issues between consumers and businesses.

Novel, eco-friendly α-tocopherol/layered double hydroxides/poly(3-hydroxyoctanoate)-based active packaging materials with enhanced antimicrobial, barrier and antioxidant activities

Among various climate actions taken as a response to environmental concerns, important and highly influential are ones related to the packaging industry being still one of the largest plastic sectors responsible for the majority of post-consumer wastes. Therefore, in this manuscript, for the first time assessment of the potential application of biodegradable bacterially derived poly(3-hydroxyoctanoate) (P(3HO)) doped with functional 2D nanoparticles as a more sustainable active packaging material has been investigated. In particular, P(3HO) combined with two types of layered double hydroxide (LDHs) modified with α-tocopherol (type of vitamin E) was applied for the fabrication of polymeric nanocomposite films and a comprehensive investigation of their structure and relevant properties (mechanical, barrier, bactericidal, and antioxidative) was performed. Permeation study revealed that P(3HO)-based films with 4 wt% tocopherol-modified nanoparticles meet the barrier requirements for storing fruits and vegetables, whereas antibacterial assay indicated inhibited growth of Gram-positive bacteria (particularly S. Aureus). Monitoring of polyphenols (PPH) content in strawberries after 6 days of storage at room conditions showed a slightly higher level of PPH with reference to fresh fruits, which indicates the preserved freshness of strawberries kept in P(3HO) containing 4 wt% Zn-based LDHs modified with tocopherol contrary to fruits kept in commercial polypropylene packaging which led to significant drop in PPH content. Thus, the application-focused experiments indicated that investigated P(3HO)-based nanocomposites are promising candidates for more sustainable active packaging that may extend the shelf-life of fruits and protect consumers from food-borne pathogenic bacteria.

Embodiment of Economic Democracy Aspects in National Banking Law

This research discusses the embodiment of aspects of economic democracy in Indonesian national banking law. Economic democracy is defined as a system in which the distribution of wealth and economic opportunity is done fairly and equitably. This research evaluates the extent to which the principles of economic democracy, such as fair access to banking services, financial inclusion, and consumer protection, are implemented in national banking regulations and policies. The method used in this research is qualitative analysis with a normative juridical approach, which involves the study of legal documents and related regulations. The results show that although there are some efforts to integrate the principles of economic democracy in national banking law, there are still gaps in its practical implementation. Recommendations are given to strengthen regulations and policies to be more aligned with the objectives of economic democracy, so that economic benefits can be felt by all levels of society.