Penalties for Failure to Comply with Product Conformity Requirements

Abstract

Consumers play a vital and central role in economic and commercial relations in general, and in consumer relations in particular; therefore, the legislature must provide them with effective and comprehensive protection in the face of fierce competition. Given the violations of their rights, such as the lack of safety and security of products offered for consumption, consumers are always in a position of weakness compared to their professional counterparts or economic partners, who possess technical and financial capabilities. Consumer protection has become more than a necessity, and these harmful practices can only be addressed by establishing more effective legal rules that prohibit all acts likely to harm the health and safety of the consumer, as well as by protecting them financially and implementing deterrent mechanisms to monitor all actions taken by economic agents or merchants and impose deterrent penalties for all violators of the established laws. Given the emergence of counterfeiting and fraud in products, and their failure to comply with legal and regulatory specifications and standards, and to curb these conditions, the legislature deemed it necessary to regulate the field of conformity by requiring manufacturers to ensure that products comply with legal specifications in order to promote production quality and guarantee that operators fulfill their commitment to consumer safety. It also imposed preventive measures and administrative sanctions applicable to economic operators who violate compliance obligations, in addition to repressive measures consisting of prescribed criminal penalties and the criminalization of unfair practices that endanger consumer safety, security, and health.