ADVOKS GLOBAL · KENYA
Competition Act
60. Product information standards
Edition: 2022-12-31 · In force
60. Product information standards
(1)It shall be an offence, in trade, for a person to supply goods that are intended to be used, or are of a kind likely to be used, by a consumer, being goods of a kind in respect of which a consumer product information standard has been prescribed, unless the person has complied with that standard in relation to those goods.(2)The Authority may, by regulations in respect of goods of a particular kind, prescribe a consumer product information standard consisting of such requirements as to—(a)the disclosure of information relating to the performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and(b)the form and manner in which that information is to be disclosed on or with the goods, as are reasonably necessary to give persons using the goods information as to the quantity, quality, nature or value of the goods.(3)Subsection (1) shall not apply to goods that are intended to be used outside Kenya.(4)If there is applied to goods—(a)a statement that the goods are for export only; or(b)a statement indicating by the use of words authorised by the regulations to be used for the purposes of this section that the goods are intended to be used outside Kenya, it shall be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.(5)For the purposes of subsection (4), a statement shall be deemed to be applied to goods if—(a)the statement is woven in, impressed on, worked into or annexed or affixed to the goods; or(b)the statement is applied to a covering, label, reel or thing in or with which the goods are supplied.(6)A reference in subsection (5) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and a reference in that paragraph to a label includes a reference to a band or ticket.(7)A person shall be deemed, for the purposes of this Act, to have suffered the loss or damage by the supplying of the goods where—(a)the supplying of goods by a person constitutes a contravention of this section by reason that the person has not complied with a prescribed consumer product information standard in relation to the goods;(b)a person suffers loss or damage by reason of not having particular information in relation to the goods; and(c)the person would not have suffered the loss or damage if the person had complied with that standard in relation to the goods.