That compliance thereof may be dispensed with in case of circumstances beyond

That compliance thereof may be dispensed with in case

This preview shows page 724 - 726 out of 737 pages.

That compliance thereof may be dispensed with in case of circumstances beyond the seller’s control. c) Where the comparison relates to a competitor’s price, the com- petitor’s price shall relate to the consumer products or services adver- tised or sold in the ninety-day period and shall be representative of the prices similar consumer products or services are sold or advertised in the locality where the price comparison was made. ART. 112. Special Advertising Requirements for Food, Drug, Cosmetic, Device, or Hazardous Substance. — a) No claim in the advertisement may be made which is not contained in the label or approved by the con- cerned department. b) No person shall advertise any food, drug, cosmetic, device or hazardous substance in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit, or safety. c) Where a standard has been prescribed for a food, drug, cosmetic, or device, no person shall advertise any article or substance in such a manner that it is likely to be mistaken for such product, unless the arti- cle complies with the prescribed standard or regulation. d) No person shall, in the advertisement of any food, drug, cos- metic, device, or hazardous substance, make use of any reference to any laboratory report of analysis required to be furnished to the concerned department, unless such laboratory report is duly approved by such department. e) Any businessman who is doubtful as to whether his advertise- ment relative to food, drug, cosmetic, device, or hazardous substance will violate or does not conform with this Act or the concerned depart- ment’s pertinent rules and regulations may apply to the same for con- sideration and opinion on such matter before such advertisement is disseminated to the public. In this case, the concerned department shall give its opinion and notify the applicant of its action within thirty (30) days from the date of application; otherwise, the application shall be deemed approved. f) No person shall advertise any food, drug, cosmetic, device, or hazardous substance unless such product is duly registered and ap- proved by the concerned department for use in any advertisement. ART. 113. Credit Advertising. — No advertisement to aid, promote, or assist, directly or indirectly, any extension of consumer credit may:
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Arts. 114-115, 123, 147, 173 4. CONSUMER ACT OF THE PHILIPPINES 547 a) state that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payment or installments for that period and in that amount; and b) state that a specified down payment is required in exten- sion of consumer credit, unless the credit usually or customarily arranges down payment in that amount.
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