The CPA, which comes into effect on 25 October 2010, and companies of all sizes are scrambling to adjust their marketing, branding and promotional material ensuring that their suppliers meet the stringent requirements. It gives unprecedented voice and power to the consumer and holds not only the seller but also the manufacturer, importer and distributor liable for any harm caused because of the supply and sale of any unsafe goods.
This means that all the players in the value-chain of a product can be liable for any harm caused to a consumer if there are inadequate instructions or warnings that inform consumers about potential hazards.
Many items of clothing contain dangerous chemicals that can cause harm to humans. In June this year, it was reported that clothing for children imported from China to India contained excessive chemical contents that could harm the wearer. An Indian study revealed that only 53% of apparel products imported from China met the required safety standards. Some of the garments surveyed had excessively high levels of formaldehyde.
The chemical formaldehyde is used in garments as an embalming fluid to give the garment a permanent press look. The chemical can cause eye and nose irritation as well as create skin rashes, nausea, fatigue and cancer.
In March, Reuters reported the seizure of brands such as Versace, Hugo Boss and Hermes in China after tests showed some "were [of] poor quality and others potentially dangerous." The items tested by the Zhejiang Administration for Industry and Commerce were imported into China from France, Italy, Turkey, Vietnam, India, South Korea, Egypt and Romania ranged from T-shirts to skirts and jeans sporting fashion labels such as Dolce & Gabbana, Tommy Hilfiger and Zara. The Zhejiang Administration said in a statement that one pair of jeans had excess levels of formaldehyde.
Returning to the CPA, my interpretation of Act and the consequence for South Africa's clothing, textile and fashion sector is that the industry will need to establish more informative labelling on all garments produced. This applies to all foreign companies exporting and selling garments in South Africa as well as South African apparel importers.
Werksmans Attorneys stated, "If a defective or incorrectly labelled product were to cause harm or injury to a South African consumer, the foreign manufacturer could become a co-defendant together with the local retailer or supplier in product liability litigation."
Garments will need to carry information on the chemical make-up of the garments and highlight possible harmful reactions these chemicals may have on consumers.
The apparel industry will need to have effective risk-management strategies in place and have stringent quality control across the entire value-chain.
Any business that fails to comply with the regulations of the Act could be fined R1 million or 10% of its annual turnover, depending whichever is the greater. It will be the right of the consumer to ask any retailer about the chemicals that may have been used in the manufacturing of garments and the onus will be with the said retailer to supply that information.
