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Product Labelling

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Questions (215)

Neale Richmond

Question:

215. Deputy Neale Richmond asked the Tánaiste and Minister for Enterprise, Trade and Employment if there is requirement for businesses selling goods online to display the country of origin of the goods; if not, if he has given it consideration; and if he will make a statement on the matter. [32629/20]

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Written answers

Differences arise between the treatment of food goods and non-food goods. Under EE rules, country of origin rules are generally only introduced for foodstuffs where there is evidence of a link between the country of origin and the quality of the product. Where the vast majority of products are concerned, the country of origin has no impact on the quality of those products as quality is dependent on the production process that companies use rather than where the products originate.

There has been concern in the past that ‘made in’ labels may be used as a protectionist measure to influence consumer behaviour to favour one country over another, which is not in keeping with EU values and could serve to undermine the operation of the Single Market.

For non-food products, there is no requirement to display a country of origin. However, Section 43 of the Consumer Protection Act 2007 provides that a commercial practice is misleading if:

- it includes false information in relation to the geographical or commercial origin of a product that would cause the average consumer to be deceived or misled, and

- it would be likely to cause the average consumer to make a purchasing decision that he or she would not otherwise make.

A trader who engages in a misleading commercial practice under Section 43 commits an offence.

Section 46 of the Act further provides that a commercial practice is misleading if:

- the trader omits or conceals information that the average consumer would need to make an informed purchasing decision or provides that information in a manner that is unclear, unintelligible, ambiguous or untimely, and

- it would be likely to cause the average consumer to make a purchasing decision that he or she would not otherwise make.

The Competition and Consumer Protection Commission (CCPC) is responsible for enforcing the provisions of the Consumer Protection Act 2007. Section 9(5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions. Investigations and enforcement matters are part of the day-to-day operational work of the CCPC. Information in relation to a misleading commercial practice under Section 43 of the Consumer Protection Act 2007, can be brought to the attention of the CCPC.

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