Toys - Consumer Protection (Proconsumidor) Resolution

Author:Mr Jaime R. Angeles (AngelesPons)
Profession:Global Advertising Lawyers Alliance (GALA)

The National Institute for the Protection of Consumer Rights (Proconsumidor) put into effect a regulation for the marketing of toys in the Dominican Republic.

For Proconsumidor the objective of this regulation was to preserve the physical safety and emotional integrity of children because the only existing regulation in the Dominican Republic was dedicated to chemical toy safety, which encompasses production and non-marketing processes.

The regulation generates an obligation to the the supplier to ensure the clear visibility of the safety information and warnings into the instructions, and also a legible and easy-to-understand manner in order to reduce the risks involved or may involve Its use.

The regulation includes various definitions. The most important is it is what is considered a TOY: "Any product or material designed or clearly intended for use in the game by children under 14 years of age".

The document from Proconsumidor includes instructions and labeling rules.

Labeling: It must be in Spanish with the generic name of the product, name of manufacturer, country of origin, recommended range of age for its use and the warning of adult supervision, if needed. Packaging or labels cannot indicate that child will be safe without supervision.

All indications of specific dangers must appear in the same toy article, in the package and in the instructions.

Instructions must be indelibly imprinted In Spanish, easily readable, & comprehensible. Warning and safety recommendations also must be included in the instructions.

The rules include diverse warnings over different types of toys. The special warnings and safety recommendations are for: rolling toys, water toys, toys for older than three years old's, crib toys, functional toys, kites (as toys).

The rules include some exceptions of products not recognized as toys. The label of these products must clearly warn about its use and that adult supervision is needed, as...

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