The King Cobra (Ophiophagus hannah) is the world’s longest snake and is regarded as one of the deadliest. King Cobra’s genus name, Ophiophagus, literally means ‘snake-eater’ and its diet consists primarily of other snakes. South African consumers now have King Cobra on their side as, under the new CPS, products must stand up to close inspection for any claim they make - especially implied claims - as the CPA introduces a system of product liability on suppliers for damage caused by the supply of defective goods.

According to attorneys Deneys Reitz: “A consumer can therefore claim damages from producers, distributors or suppliers for any death, injury, loss, damage to property and economic loss, without having to prove negligence.’

A workshop was recently held by The SA Institute of Tribology (SAIT) around the CPA, with reference to lube specs, product markings and advertising implications for South Africa’s lubricant industry. And for product marking, there’s confusion among lubricant suppliers around the all important question of whose standard applies? Will it be American, European or Japanese and what do all these acronyms on a lubricant can mean to a ‘reasonable man’ – especially a ‘reasonable man’ in Africa?

Adv. James Clark presented legal opinion on the CPA at the SAIT workshop on product labeling and specification requirements with the following cautions:
“It is advised that product and service providers must, as far as possible, stay away from implied trade descriptions as they are susceptible to the reasonable man’s interpretation and imagination as well as to those entity’s that may have a warped imagination. The negative of implied will always be prone to interpretation beyond and far from the actually implied trade descriptions supplied by the product and/or service provider.”

Adv. Clark concluded that: “To pass this scrutiny under the new Consumer Protection Act, manufacturers will have to ‘watch their language’ and make it ‘particularly loud and clear’ if using the product carries any conceivable risk.”

Here’s Adv. Clark’s summary of the consumer’s right to product labelling and trade description:

• Suppliers and service providers are required to display labelling and trade descriptions of products, which do not mislead consumers about the contents of the packaging or goods attached to the products.

• Suppliers are not permitted to  alter, amend, conceal, remove or deface trade-marks and other product labelling, so as to mislead consumers.

• Producers/importers of products or goods are required to display the country of origin and any other prescribed information, such as expiry dates.

• Producers, suppliers and importers are required to disclose the presence of any genetically modified ingredients, in compliance with international and South African laws and regulations.

“Lubricant specifications are complex and slightly confusing but there are no short cuts when ensuring efficient and effective operation of modern machinery,” says John Fitton, President of the SAIT.

“The CPA will ensure that the claims made on a lubricant can match the blended product in the can and will be supported. All a lubricant consumer then needs to do is ensure that the correct specification is bought and used and he can then hold the lube supplier accountable for the product spec claims printed on the can.”

The CPA will create a whole new industry of damage-seeking clients and a legal segment that will focus on this new Act. But this all extends far beyond lubricants – importers of many automotive parts better watch their step as ‘cheap’ can now turn nasty.