We need better consumer protections for household products

Household products are essential items that consumers use every day, such as appliances, furniture, electronics and clothing.

However, many of these products are not designed to last long or are difficult and expensive to repair. This leads to a lot of waste, environmental damage and consumer dissatisfaction.

In Malaysia, the Consumer Protection Act 1999 (CPA 1999) is the main legislation that governs consumer rights and remedies in relation to goods and services.

However, the CPA 1999 has some limitations and gaps that need to be addressed in order to provide stronger protections and repair rights for household products.

One of the limitations of the CPA 1999 is that it does not explicitly cover the issue of planned obsolescence, which is the practice of deliberately designing products to have a limited lifespan or functionality, in order to encourage consumers to buy new or upgraded products.

Planned obsolescence can result in premature failure of products, increased waste generation and higher costs for consumers.

CPA insufficient

Another limitation of the CPA 1999 is that it does not provide sufficient guidance on the standards of quality and safety for household products.

The CPA 1999 only requires goods to comply with the general safety requirement, which is that goods must not cause injury to any person or damage to any property.

However, this requirement is vague and does not specify the criteria or methods for determining the safety of goods. Moreover, the CPA 1999 does not impose any mandatory safety standards fon household products, except for those prescribed by the minister by regulations.

A third limitation of the CPA 1999 is that it does not grant consumers the right to repair their household products.

The CPA 1999 only provides consumers with the remedies of repair, replacement, reduction of price, or rescission of contract, if the goods do not conform to the contract or are defective.

However, these remedies are subject to the discretion of the supplier or the court, and may not be available or adequate in all cases. Furthermore, the CPA 1999 does not oblige suppliers to provide consumers with spare parts, repair manuals, tools, or software updates for their household products.

In contrast, some other countries have adopted more progressive and comprehensive policies and frameworks for consumer protection, especially in relation to household products as follows:

• Thailand: In 2019, the Thai government launched a campaign called \"Fix It, Don't Throw It Away\" to promote a culture of repair and reuse among consumers and businesses.

  The campaign aimed at reducing waste generation, saving resources and creating jobs in the repair sector. The campaign also provided training and subsidies for repair service providers and encouraged the establishment of repair cafes and community repair centres.

• Indonesia: In 2020, the Indonesian Consumers Foundation joined a global coalition of consumer organisations to call for stronger regulations on the right to repair.

  The coalition urged governments and manufacturers to ensure that products are durable, repairable and recyclable, and that consumers have access to affordable and reliable repair services. The coalition also launched an online petition to gather support from consumers around the world.

• Philippines: In 2021, a group of Filipino environmental activists and advocates launched a campaign called "Right to Repair PH" to raise awareness and mobilise support for the right to repair in the Philippines.

  The campaign was aimed at challenging the planned obsolescence of products, especially electronic devices, and to empower consumers to demand better quality and reparability from manufacturers.

  The campaign also sought to collaborate with policymakers, civil society groups and the private sector to develop policies and practices that support the right to repair.

• In Australia, the Australian Consumer Law (ACL) prohibits suppliers from engaging in misleading or deceptive conduct, making false or misleading representations, or engaging in unfair practices in relation to goods and services.

  The ACL also requires suppliers to comply with mandatory safety standards and calls for ban on certain household products, such as electrical appliances, children's products and cosmetics.

  The ACL also gives consumers a set of consumer guarantees, which include the guarantee that goods are of acceptable quality, fit for purpose, match their description or sample, and have spare parts and repair facilities available.

• In New Zealand, the Consumer Guarantees Act 1993 (CGA) provides consumers with similar guarantees as the ACL, such as the guarantee that goods are of acceptable quality, fit for purpose, match their description or sample, and have spare parts and repair facilities available.

  The CGA also gives consumers the right to choose their remedy of repair, replacement, refund, or compensation, if the goods fail to meet any of these guarantees. The CGA also empowers consumers to take legal action against suppliers who breach their obligations under the CGA.

• In the United Kingdom, the Consumer Rights Act 2015 (CRA) provides consumers with statutory rights and remedies in relation to goods and services.

  The CRA requires goods to be of satisfactory quality, fit for purpose, match their description or sample, and last a reasonable length of time.

  It also gives consumers a short-term right to reject faulty goods within 30 days of purchase, a right to repair or replacement within six months of purchase, and a right to a price reduction or final right to reject after one failed repair or replacement attempt.

  The CRA also enables consumers to challenge unfair contract terms and seek redress for misleading or aggressive practices.

These examples show that Malaysia can learn from other countries in improving its consumer protection policies and frameworks for household products. Some of the possible measures that Malaysia can adopt are:

• Introducing a specific provision in the CPA 1999 that prohibits planned obsolescence and imposes penalties on suppliers who engage in such practice.

• Developing and enforcing mandatory safety standards and banning household products that pose significant risks to consumers' health and safety.

• Granting consumers, the right to repair their household products by requiring suppliers to provide them with spare parts, repair manuals, tools, or software updates at reasonable prices and within reasonable time frames.

• Giving consumers more choice and flexibility in selecting their remedies of repair, replacement, refund, or compensation when their household products are defective or do not conform to the contract.

By implementing these measures, Malaysia can enhance its consumer protection regime and ensure that consumers enjoy greater benefits from their household products.

This will also promote a more sustainable and circular economy, where products are designed to last longer, be repaired easily, and be recycled or reused.

It will also reduce the environmental impact of household products and contribute to the national and global efforts to combat climate change. - Mkini

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SARAL JAMES MANIAM is the secretary-general of the Malaysian Association of Standards Users.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.