Consumer Law and Policy in Ghana

This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana’s consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.     

Economic Analysis of Current Issues in Consumer Product Safety: Fabric Flammability

Two major issues in the area of consumer product safety are who should protect the consumer and how much protection should be provided. Underlying both these questions are concerns for the consumer's freedom of choice and efficiency. Is the consumer the most efficient risk reducer or should risk reduction be left to the regulatory authorities? Given resources constraints which preclude the attainment of 100 percent protection, what is the optimal degree of protection. This paper applied economic analysis, including cost-benefit analysis, to an examination of both issues. The advantages and disadvantages of the informed buyer approach versus the regulatory approach to the assignment of responsibility for consumer protection are first discussed. Cost-benefit analysis is then applied to an evaluation of actual and hypothetical flammability standards for children's sleepwear and clothing. The two sleepwear standards proved cost effective in contrast to the two clothing standards where the costs of providing additional protection to the cosumer far exceeded the benefits. The results indicate the feasibility and utility of cost-benefit analysis in determining how much protection should be provided.     

Cost Benefit Analysis of Consumer Product Safety Standards

This paper investigates the role of cost-benefit analysis in evaluating consumer product safety standards and applys such analysis to an evaluation of flammability standards for children's sleepwear. The cost of safety standards includes the costs of standard development and enforcement and the changes in producer and consumer surpluses due to product regulation. The benefits from safety standards are the reduction in product accidents and the direct and indirect costs of such accidents. The cost of the O-6X Children's Sleepwear Standard was based on the change in consumer surplus since it was assumed that supply was perfectly elastic. The benefits were due primarily to the reduction in burn injuries. Cost-benefit ratios ranged from 0.62 to 0.84 assuming that the standard provided 100% protection. The cost-benefit ratios also indicate the degree of protection required by the standard. Thus a ratio of 0.62 implies that 62% protection is required if benefits are to equal costs.     

Italian consumer awareness of layer hens' welfare standards: a cluster analysis

Animal welfare has assumed in recent years an increasing significance for European consumers, becoming part of the Community Agricultural Policy strategy that encourages farmers to achieve higher standards of animal welfare. Undoubtedly, the superior social sensitivity towards animal welfare has produced over time notable changes within European Union (EU) Policy. However, while EU legislation has progressively focused on granting animals better possibilities to express their behavioural repertoire, recent analysis shows that consumer knowledge of animal welfare compulsory standards is still quite limited. Drawing on the results of a direct survey on 300 Italian food shoppers, our research analyses consumer knowledge of the welfare standards of laying hens. Our findings highlight important market opportunities and policy implications. Our research shows that, although the majority of the sample expressed concern on hen husbandry systems, most of respondents were unaware of the current mandatory labelling system for eggs. Through cluster analysis three segments were found: the inactive consumer cluster, the conflicted consumer cluster and the ethically competent consumer cluster. This segmentation is especially valuable for producers of ‘animal‐friendly’ eggs to identify market opportunities and formulate appropriate marketing strategies.     

Factors Affecting Food Label Complexity: Does the New EU Regulation Satisfy Consumer Issues? An Exploratory Study

There is still a substantial information asymmetry between producers and consumers. Despite the recent EU regulation on labeling to enhance consumer food safety and the existence of a number of certifications on sustainable food products, there remain blind spots in the widely debated consumer information issue. Our study, conducted on primary data processed with a probit model, was aimed at identifying the factors that may affect consumer response in relation to difficulties in interpreting the labels of processed food products. Starting from theoretical models, several factors held responsible for defining the consumer’s knowledge were used as explanatory variables. Our results show that despite changes in the new legislation, there remains the problem of the consumer’s lack of knowledge concerning environmental labeling and product certification.     

Defining the Consumer Interest: Challenges for Advocates

From its birth, The Journal of Consumer Affairs has provided a forum for government officials, consumer activists, and academics to discuss the definition of the consumer interest and how best to pursue it. In the inaugural issue of JCA, published in the summer of 1967, three of the first four articles were titled “The View from Washington” (by Deputy Assistant Secretary of Labor David Swankin), “Is It Time to Re‐Evaluate the Consumer Protection Activities of the Federal Government?” (by Consumers Union president Colston E. Warne), and “The Consumer Interest—the Real Issue” (by Professor of Marketing Robert D. Schooler). When JCA began publication in 1967, a few landmark pieces of consumer legislation had already been passed concerning pharmaceuticals, cigarettes, and motor vehicles, but the heyday of the consumer movement—and consumer research—was just beginning. In his article, Warne wrote: “The time has come, I think, for consumers and consumer movements to face some highly unpleasant problems” (p. 24). Schooler chastised the federal government for being “misdirected toward real but secondary issues” (p. 40). Swankin called for an organization and a professional journal capable of creating “an intellectual climate in which the phrases ‘consumer interest,’‘consumer economics,’ and, yes, ‘consumer information’ can be developed and can flourish” (pp. 9–10). Nearly forty years later, and long after the zenith of the U.S. consumer movement, we still face a host of consumer problems and a federal government disinclined to address them. We do, however, have a respected journal in whose pages the consumer interest and consumer policy can be examined. On April 25, 2005, the University of Utah hosted a symposium on consumer policy in honor of the retirement of Dr. John R. Burton. John, who established the consumer studies program at the University of Utah, has devoted his career to teaching, research, and service that advance the consumer interest. Seven nationally renowned speakers, including professors Monroe Friedman, Loren Geistfeld, Jeanne Hogarth, Jean Lown, and Ivan Preston, presented papers pertaining to the consumer interest. Two of the seven papers are reproduced here. The first is by Stephen Brobeck, long‐time executive director of the Consumer Federation of America (CFA) and the editor of The Encyclopedia of the Consumer Movement. Dr. Brobeck's article examines how a major consumer advocacy organization like CFA decides what public policy positions are in the consumer interest. The article applies a general framework to the specific issue of automobile fuel economy standards. In the companion piece to this article, Michael Burton, an assistant professor of political science at Ohio University and the son of the symposium's honoree, draws on his experience as a congressional aide and vice presidential staff member to describe and defend the art of compromise as it applies to consumer politics. – Robert N. Mayer, University of Utah     

Risk management and consumer safety

Abstract

Risk assessment and risk management techniques are being developed in many fields as an aid to safety investment decision making. Already these techniques are having impacts upon aspects of consumer safety which overlap with other sectors where safety is important and where these methods are being applied. Recent examples where this has happened range from public transportation to the safety of children's playgrounds. This paper reports on progress in risk management in some of these sectors. Key elements include the notion of ‘acceptabl’ and ‘tolerabl’ risk, the optimisation of safety according to principles known as ALARP (as low as reasonably practicable) or ALARA (as low as reasonably achievable), and the use of quantitative methods such as cost-benefit analysis as an aid to decision making. Attention is drawn to a number of factors which consumer safety practitioners may wish to consider should it be decided to follow the trend towards a risk-based approach to the management of consumer safety.     

Current activites in the field of child safety within CEN aand ISO

Abstract

Many countries have implemented safety and performance requirements for children's products. There is, however, a need to harmonize existing legislation and standards to facilitate a uniform flow of trade. At the same time, it is essential to extend existing requirements to restrict certain hazards which have not been covered in the past.

In CEN, the European Committee for standardization, several technical committees are developing European Standards for products to be used by or for children. On a global level as well, within ISO, there are standardization projects covering such products.

Child safety is the main objective for the standardization work on:

?Safety of toys (CENATC 52, ISO/TC 181)

? Child use and care articles (CEN/TC 252)

?Playground equipment for children LCEN/TC 136/SC 1)

? Children's furniture (CEN/TC 207, ISO/TC 136(

?Child-resistant packaging (CEN/TC 261/SC 2, ISO/TC 122) Children's products constitute a group of consumer products with large variations between the different products. Nevertheless, since they all come in contact with children (and their parents), several hazards associated with these products are similar for the various products. This is reflected in the work of CEN/TC 252, Child use and care articles, established in 1990.

To establish a horizontal framework for the hazard-based approach, CEN/ TC 252 created a working group with the task to specify general and common safety requirements (WG 6). Five working groups started the elaboration of product standards in parallel.

The traditional concept of a standardization project was found inadequate and other solutions were sought. Finally, it was decided to combine the results from working group 6 into one guidance document, to be published as a CEN Report.     

Marketing Strategy, Product Safety, and Ethical Factors in Consumer Choice

Firms that wish to be morally responsible in providing products that meet a high standard of safety may face problems competing against firms that make unsafe products and sell these products at cheap prices; these problems may be compounded when consumers do not accurately process information about safety and risk. This paper presents a conceptual argument that the tort system may serve to promulgate information which makes it feasible for firms to market safe products even in the face of these competitive obstacles.To corroborate the conceptual argument, the paper presents the results of an experimental study about the impact of negligence liability information on consumer product safety evaluation. The results show that provision of negligence information heightens consumer concern for safety and firms' ethical behavior, and increases the proportion of consumer choices in favors of the brands sold by manufacturers with a favorable track record for quality. More importantly, they indicate that provision of negligence information reduces the likelihood that brands which conform to inferior safety standards will be chosen by consumers who care about safety standards.     

Consumer attitudes towards the quality of domestic and imported apparel and footwear*

Due to increased imports and increasingly competitive consumer markets, this study was undertaken to determine consumers' quality images of Canada and the major countries from which men's, women's and children's clothing, and men's and women's footwear were imported. A self-completed mail survey of 635 members of a consumer panel yielded demographic representation from English- and French-speaking men and women. The Fishbein-Rosenberg multi-attribute model was used to compute consumers' attitudes towards countries as producers of clothing and footwear. Consumers had high quality images of Canadian-, U.S.- and European-made clothing and footwear. The styling of Italian-made shoes and French-made clothing was perceived as superior to Canadian-made products. All consumers were critical of the products from low-wage countries, particularly consumers with higher education, income and employment status. Implications were drawn emphasizing the need for consumer research and marketing strategies.     

Consumer‐generated media and product labelling: designed in California,assembled in China

Product country‐of‐origin labelling is an important extrinsic cue for consumers about a product's attributes. In a globalized world where products components and parts originate from multiple countries, companies have resorted to inventive country‐of‐origin labelling. The objective then of this paper is to better understand consumers' evaluation of products that have inventive country‐of‐origin labelling (i.e. Designed in California, Assembled in China). Exploratory qualitative data were collected from consumer‐generated media (36 weblogs) using Nielsen's Research BlogPulse tool. A grounded theory analysis revealed that four key themes emerged from the data that related to confusion about the labelling strategy, strong symbolic and emotional ties to country‐of‐origin, and the importance of country‐of‐origin as a quality signal.     

Predicting the poverty impacts of trade reform

There have been a number of high profile food safety disputes in trade over the past decade. These include the widely publicized case at the World Trade Organization between the US and EU over hormone-treated beef. In particular, consumers in some industrialized countries have expressed concern over the health implications of consuming beef produced with antibiotics and other artificial supplements. Developing countries are affected in a significant way in how these concerns are addressed, as well as the balance between risk and safety reflected in how standards are set. This paper examines the impact of drug residue standards on trade in beef and the trade effect of setting harmonized international standards. We find that if international standards set by Codex were followed in antibiotics, global trade in beef would rise by over $3.2 billion. Among other developing countries, South African exports would rise by $160 million, Brazil's by $200 million, and Argentina's by over $300 million.     

Adolescents' perceptions of family communication patterns and some aspects of their consumer socialization

This study examined the effects of family communication patterns (FCP) on adolescent consumers' decision‐making styles and influence in family purchase decisions. Two underlying dimensions of FCP (concept‐orientation and socio‐orientation) were measured separately for mother–child communication and father–child communication and regressed on adolescents' use of the selected decision‐making styles and influence in purchase decisions involving durable products and nondurable products for their own use. Results show that only mother–child communication patterns have significant associations with adolescents' decision‐making styles and family purchase influence. Specifically, mothers' concept‐oriented communication was positively linked to children's use of utilitarian decision‐making styles (e.g., careful and deliberate decision making) and social/conspicuous decision‐making styles (e.g., recreational and hedonic decision making) as well as to children's influence in family purchase decisions involving both durable and nondurable products for themselves. On the other hand, mothers' socio‐oriented communication was linked positively to children's use of undesirable decision‐making styles (e.g., confusion by overchoice) and negatively to children's influence in family purchase decisions. This study also investigated the presence (or absence) of a same‐gender effect in the relationships between parent–child communication orientations and children's consumer socialization outcome. If present, a same‐gender effect would be indicated by a greater influence from the same‐sex parent's communication orientations on the adolescent's decision‐making styles and influence in family decisions relative to that of the opposite‐‐ sex parent's communication orientations. Comparisons of the two gender‐group regression results revealed no systematic pattern that suggests the presence of such an effect. © 2009 Wiley Periodicals, Inc.     

Product information as a safety provision. Editorial preface

Abstract

In the literature as well as in standards, guides and laws, the concept of product information and related terms is not always clearly and consistently defined and used. An attempt is made to clarify the confusing terminology with regard to product information by building a conceptual framework. It is suggested that one overall concept, product information, be used to depict all types of information, texts and images, that may accompany or be associated with specific consumer products. Different types of product information may be distinguished by their function and their location. The effects of product information on product safety are difficult to assess and probably limited. Ways to measure effectiveness are discussed and it is concluded that objective criteria and test methods still need to be developed. Effectiveness studies are essential in order to improve future labelling initiatives.     

College—Age Consumers' Knowledge and Perceptions of Food Irradiation

Abstract

This paper explores consumers of 18—24 years of age and their perceptions of irradiated ground beef products and role of irradiation on their purchase decisions. Data was collected with a survey of college—age consumers. Results showed that the majority of participants would be willing to purchase irradiated food products. Participants were somewhat concerned about impact of irradiation on safety and taste. The term “irradiated” and cost to consumer had a negative impact on participants' willingness to purchase irradiated ground beef products. The identification of the attributes should provide a useful guidance for the beef industry in terms of determining marketing strategies to increase the level of this segment of the consumer groups’ preference for irradiated products.     

THE CONSUMER FOOD AND NUTRITION KNOWLEDGE OF PROSPECTIVE TEACHERS

Over 4000 prospective secondary and elementary teachers were tested in a national study to determine their knowledge of fourteen consumer subject areas. In the area of consumer food and nutrition knowledge the prospective teachers achieved only 48%. This area of consumer food and nutrition was found to be a critical weakness of prospective teachers relative to their performance in the other consumer subject areas. Prospective home economics and agriculture teachers scored higher than other majors on the food and nutrition questions but still revealed a poor cognitive grasp of the subject. Because of their impact on children's attitudes toward food and their eating patterns, prospective teachers need to be knowledgeable about food concepts. This study has implications for educators and college curriculum committees concerning the need for college level courses which deal with food and nutrition concepts.     

European Union Market Access Conditions and Africa's Extensive Margin of Food Trade

This paper examines the impact of two European Union (EU) market access regulations in the food sector presumed to simultaneously affect firms’ decisions to export food products to the EU. We analysed EU pesticide standards on African exports alongside a complementary non‐tariff measure in the form of a minimum entry price regulation, which aims to protect EU growers of certain fruits and vegetables against international competition. Analysis was based on Africa's exports of tomatoes, oranges, and lime and lemon to the EU between 2008 and 2013, using the gravity model of trade. Our results show that EU market access conditions constitute significant barrier to the formation of new trade relation between the EU and Africa. In addition, initiation of trade relationships is contingent not only on market access conditions but also on domestic market constraints in Africa. These results imply that negotiating preferential entry prices duties and the removal of domestic market restraints as well as strengthening domestic capacity to comply with EU standards to enhance continuous market access for the continent could stimulate food trade along the extensive margin.     

Underwriters Laboratories Inc.‘s Experience with Consumer Participation in Television Safety Standard Development

One of the obligations of offerors in the preparation of proposed standards for the Consumer Product Safety Commission is to include consumer representatives on the standards-writing committee. This report describes Underwriters Laboratories Inc.'s problems in identifying consumer representatives and its experience with consumer representation on the committee preparing a proposed television receiver safety standard.     

A “New Approach” to Standards and Consumer Protection

As consumer use of information and communication technology (ICT) products grows, the importance of ICT standards in consumer markets also grows. While standards for manufactured products were once developed at the national level in formal standards bodies, standards for ICT products today are more likely to be developed by informal standards bodies that target global markets, creating new challenges for national consumer protection laws. As part of the process of creating a single market, the EU developed an innovative and successful form of “coregulation” known as the “New Approach” that coordinated the work of legislators and standards developers to reduce technical barriers to trade in the internal market. In order to protect consumer interests in markets for ICT products effectively, another “New Approach” is needed to coordinate the work of global ICT standard-developing organizations with the goals of national and regional consumer protection laws, but the institutional challenges facing such a strategy are daunting. The French DADVSI legislation represents progress in this direction; further progress may be possible by adopting “better regulation” strategies.

Consumer interest in safety related standards for European consumer products

In this paper the role of consumer products in contributing to accidental injuries and the need for concrete measures to improve product safety are highlighted. In connection with these measures, the importance of standards will be discussed, and in particular the need for a strong consumer input in the developmental process of new standards. Suggestions for strengthening consumer input in standardization work, in particular in the field of product safety, are presented.