Comments for industry code of conduct due in today

Leana Engelbrecht, associate in the competition and regulatory practice at Cliffe Dekker Hofmeyr explains that all interested parties are invited to comment and that the NCC will consult with relevant persons conducting business in the consumer goods and services industry and with relevant accredited consumer protection groups.

"Once the NCC has considered all submissions and consulted with the relevant persons, it may recommend the proposed industry code of conduct and ombudsman scheme to the Minister of the Trade and Industry, Dr Rob Davies, to be officially prescribed as a binding industry code of conduct and ombudsman scheme.

"All suppliers that are active within the consumer goods and services industry (which find very wide application) will, once the code of conduct is approved and prescribed by the Minister, be obliged to comply with the codes of conduct and ombudsman scheme."

The ombudsman scheme specifically provides for alternative dispute resolution for purposes of any complaints relating to alleged transgressions of the CPA and/or the provisions of the code of conduct within the consumer goods and services industry in line with the existing dispute resolution procedures set in place, on a voluntary basis, by the Consumer Goods Council of South Africa (CGSA).

"The codes of conduct further provide for industry standards in line with the existing industry standards set in place by the CGSA for voluntary compliance by suppliers within the consumer goods and services industry. These standards are extensive and set out additional compliance imperatives for compliance by the consumer goods and services industry relating to, inter alia, labelling of products, display of price, liability for damages caused by goods, sales records and grey market goods as well as very specific provisions relating to the marketing and sale of aerosol products," concludes Engelbrecht.