Strengthening Consumer Protection Against Unsafe Goods Through Harmonisation of Laws and Safety Standards

Abstract

The right to safety is widely regarded as the most important concern for consumers.  Given the increase in international trade of consumer products, consumer safety has become more challenging. Statistics show an increase in the number of injuries resulting from unsafe consumer products. Effective regulatory framework and enforcement is thus needed to safeguard consumer health and wellbeing. Standards and enforcement of product safety laws and regulations in different jurisdictions differ considerably. As such, harmonisation of these regulations becomes essential for protecting consumers. This paper seeks to compare product safety law in selected jurisdictions. This paper then examines the European General Product Safety Regulations (GPSD) which opted for the pre-market intervention regime that seeks to prevent unsafe products from entering the market. This paper highlights the importance of product recalls by manufacturers and retailers. Through legal doctrinal and comparative study, this paper examines on the development of consumer product safety law in the selected jurisdictions. It then focuses on the reforms made by the EU through the GPSD.  This paper suggests for the adoption of a similar style regulatory framework following the European style as an effort to harmonise the law for better consumer protection. Apart from harmonising the foundation underlying consumers regulations, this paper also suggests for harmonisation of terminologies used in the consumer regulations in different countries to provide certainty on the scope and application of the regulations. This paper concludes that consumer protection law against unsafe products aligns well with Islamic Law, as both emphasise the principles of safety and fairness in contractual agreements. Islamic principles advocate for strong consumer protection regardless of where the contract is executed.