"I bought a maintenance drug for my grandfather for his diabetes. When he opened the box, it had a foul smell. Was there any law violated in the said situation?
For your information, the law that addresses your situation is Article 29 (a) of Republic Act 7349 or better known as the “Consumer Act of the Philippines”:“Drugs And Devices
“Article 29. Adulterated Drugs and Devices. — A drug or device shall be deemed to be adulterated:xxx
“a) (3) If its container is composed, in whole or in part, of any poisonous or deleterious substance, which may render the contents injurious to health” (Emphasis-supplied)Relatedly, the same law provides for the party liable for the violation of the same, viz:“Article 98. Liability of Tradesman or Seller. — The tradesman/seller is likewise liable, pursuant to the preceding article when:“a) It is not possible to identify the manufacturer, builder, producer or importer.
“b) The product is supplied, without clear identification of the manufacturer, producer, builder or importer“c) He does not adequately preserve perishable goods. The party making payment to the damaged party may exercise the right to recover a part of the whole of the payment made against the other responsible parties, in accordance with their part or responsibility in the cause of the damage effected.”It is clear from the abovementioned provisions that the medicine you have bought is considered as an adulterated drug because of its foul smell, and may be detrimental or injurious to the health of your grandfather. In such case, the manufacturer or retailer may be apprehended and penalized for selling such adulterated medicine.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to "
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was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021