Regulatory News South Africa

Consumers conned by half empty aerosol paints

The Aerosol Manufacturers Association (AMA) and SA Paint Manufacturing Association (SAPMA) have issued a joint warning statement that South African consumers are being deceived by an increasing number of spray paints and car care products in aerosol cans that do not contain the volumes or weight stated on the containers.

"Most of the suspect products are imported but some emanate from unscrupulous local sources. This alarming situation is not only intolerable and abusive for consumers who are blatantly being cheated, but also for reputable local producers and their workers whose livelihood is threatened by such malpractices by competitors," the associations caution in a press statement.

"It may be difficult for an individual consumer or retailer to ascertain the true measure of the contents of an aerosol can but there are trained people with suitable equipment in South Africa who can accurately measure, and therefore advise or take necessary action. Therefore, when in doubt, the consumer should discuss the matter with the retailer.

"Consumers should take great care when selecting aerosol cans of spray paint or car care products. If the brand is familiar or from a reputable supplier and producer, the risk is lower, but if the product label is new to you, or feels suspiciously light, rather avoid the product. If you have already bought and are not satisfied, complain to the retailer.

"Consumers who are still not satisfied can report misleading labels on the cans to the Advertising Standards Authority (ASASA) on tel +27 (0) 11 781 2006 or complete a complaint form on www.asasa.org. Suspected short measures can also be reported to the National Regulator for Compulsory Specifications (NRCS), the legal metrology unit on tel +27 (0) 800 00 3870 or its website www.nrcs.org.za. Unfair business practices can be reported to the National Consumer Commission on tel +27 (0) 86 026 6786."

The statement also reminds retailers that under the Consumer Protection Act the parties in the production and distribution channel jointly and severally hold the responsibility for products sold by retailers. The NRCS has the authority, after batch testing, to order immediate withdrawal from retail shelves and the ASASA similarly may require product removal for faulty/misleading labelling.

"Respectable local producers, who are competing against such suspect products, should remain vigilant and put pressure on all parties to level the playing field by using the correct channels, until corrective action is taken by the relevant authority. Distributors who suspect suppliers are providing short-measured products, could salvage their reputation - and monies paid for faulty product - by ensuring that the product is tested by accredited third party organisations, such as the SABS or verification agencies such as SGS, before committing themselves to importation," the statement concludes.

Let's do Biz