NCC takes action against 45 suppliers for Consumer Protection Act violations

The National Consumer Commission (NCC) has launched a significant crackdown on 45 suppliers across South Africa for serious violations of the Consumer Protection Act (CPA). Following a comprehensive series of inspections, the NCC uncovered alarming practices that raise urgent concerns about consumer safety in the marketplace. From selling expired food products to failing to provide proper labelling, these violations threaten the well-being of consumers and undermine trust in the food supply chain.

During the inspections, the NCC identified numerous instances where suppliers were found selling unsafe goods, including dairy products, meat products, maize meal, eggs, snacks, biscuits, and noodles. Alarmingly, some items lacked essential expiry or best-before dates, which violates Section 55(2) of the CPA. This critical regulation is designed to protect consumers by ensuring that they are provided with safe, usable, and quality goods. The absence of date markings hinders consumers from making informed decisions about the safety of their purchases.

Further violations were uncovered as inspectors noted that suppliers were offering items such as wors and chicken pieces without the required proper labelling. This lack of compliance contravenes Section 24 of the CPA, which mandates that all goods must have trade descriptions applied, ensuring that labels do not mislead consumers about the products sold.

Of particular concern was the discovery that numerous suppliers in rural and peri-urban areas displayed everyday goods like noodles, sugar, soup, and canned foods without any visible pricing. This practice violates Section 23(3) of the CPA, which stipulates that all products for sale must be clearly priced, enabling transparency and informed consumer choice. The lack of visible pricing can lead to confusion and exploitation, particularly among vulnerable consumers.

The NCC also observed a troubling trend of suppliers failing to issue complete sale records or receipts, contravening Section 26(2-3) of the CPA. Consumers are entitled to receive accurate sales records that include pertinent information such as the supplier’s name and address, product description, quantity, price, and total amount paid, including VAT. Without these records, consumers may find themselves at a disadvantage, lacking essential documentation for their purchases.

In response to these violations, the affected suppliers have been ordered to rectify their practices immediately. They must remove and destroy non-compliant goods from their shelves, label all products appropriately, ensure visible pricing, and provide accurate sales records with every transaction. The NCC is currently conducting advanced investigations into other suppliers to ensure adherence to the CPA.

For those businesses that neglect to comply with the terms of the Compliance Notices, the NCC has made it clear that it may escalate the matter to the National Consumer Tribunal. Suppliers could face administrative fines of up to R1 million or 10% of their annual turnover, a significant penalty aimed at enforcing compliance and protecting consumer rights.

Mr. Hardin Ratshisusu, the NCC’s Acting Commissioner, highlighted the agency’s commitment to consumer safety, stating, “Food safety remains our top priority. This enforcement is part of targeted action to stem the sale of unsafe products to unsuspecting consumers. The NCC will continue collaboration with other regulators to ensure compliance with the CPA and related legislation.”

As the NCC intensifies its efforts to safeguard consumer rights, it sends a clear message to suppliers: compliance with the Consumer Protection Act is not optional. The health and safety of consumers depend on the integrity of the marketplace, and the NCC is determined to uphold these standards for all South Africans.