Superintendencia de Industria y Comercio
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Consumer Product Safety
Water Balls
During an administrative investigation, the SIC identified several risks associated with the water balls usage, as follows:
Therefore, by Resolution No. 67541 of November 1, 2012, the SIC decided to ban i) direct sales to users, when water balls have as main purpose the personal use of the product; and ii) the service and rental use by providers that do NOT match prior registration, programs, manuals, procedures and all other requirements under the Law 1225 of 2008 and Resolution No. 0958 of 2010.
Within the same administrative decision, the SIC admitted the service provision only for those cases when the recreational activity is directly controlled by the operator and/or service provider who complies with the legal requirements, such as registration and operation manuals and procedures, that guarantee consumers' safety.
Masks
As result of an administrative investigation, the SIC determined that the use of full cover masks implies high risk of asphyxia, when the product does not have adequate ventilation systems and hinders or prevents the vital process of naturally breathing.
Furthermore, by Resolution 33 of January 9th of 2013 the SIC decided to ban production, distribution and marketing of any mask that have the following characteristics, regardless the material on which it is drawn or intended to be manufactured:
Batteries
By Resolution No. 11638 of March 20, 2013, the SIC identified potential risks involved on use toys or remote controls without security mechanisms, as follows:
The SIC included the consumer identification as element to consider under the risk assessment because its vulnerability level may increase or decrease the risk. In this case, the consumer target for toys generally are children, who are the most vulnerable consumers because they have less ability to recognize risks and, naturally, their reaction before an injury is quite different than an adult reaction.
Likewise, batteries are available indirectly to children through toys and remote controls that do not have adequate security mechanisms to hold it in, which poses a "hidden risk" because children try to explore with their senses any object around and cannot identify risk from swallowing a battery. So, children may consider that the battery is part of the toy, they do not identify that they may be in front of a risk product.
Therefore, the SIC decided to ban production, distribution and marketing of any toy, including its remote control, that does not have an adequate security system that restricts easy access to battery compartment and those whose power transmission mechanism is not properly safeguarded, when having a type of setting that opens easily, which occurs, among other circumstances, when you do not need a tool for it or when opening occurs in one motion.
All-Terrain Vehicles – ATV's
By exercising its administrative powers, the SIC as proper authority of consumer protection and product safety investigated a business who was recognized as supplier of the product: "ATV - JLA.02 Brand: Tiger". During the administrative investigation, the SIC found that such product was sold and offered to consumers as: i) toy and ii) by providing an Instruction Manual in English Language (meaning a breaching of Law, because under the Colombian Consumer Protection Law all advertisement, instructions of use, warning, etc., has to be provided to Colombian consumers in Spanish).
Therefore, the SIC issued a particular administrative decision (Resolution 37886 of June 25th of 2013) by commanding to the supplier of such product:
- Country of Origin.
- Producer identity.
- The exact quote: "This vehicle has a speed limiter that must be graduated according to your driving ability".
- The exact quote: "This vehicle is not a toy".
- The exact quote: "Ask for the appropriate age for vehicle manipulation".
- The exact quote: "Driving this vehicle is different than driving cars or motorcycles".
- The exact quote: "Improvised driving of this vehicle may produce serious physical injuries or death".
- The exact quote: "Avoid driving this vehicle without all protection equipment".
- The exact quote: "Do not drive with passengers if the vehicle design is just for one person".
- Check the domestic regulation related to road traffic. Floor and road conditions affect the control of the vehicle while driving.
- Check the Instruction Manual.
- Include other relevant instructions for consumer safety.
Firework Candles
By Resolution 53956 of September 10th of 2013, the SIC ordered that the distribution, selling and use of firework candles have to:
In addition, the SIC recommended consumers to avoid the combined use of these products and food.
Curtains
By Resolution 38973 of June 28th of 2013, the SIC decided to ban the selling and offering of any curtain for home use that works with cords or chains as "adjustment mechanism" and do not have a secure device to avoid that the remaining element (cord or chain) may be easily reached by children.
In addition, the SIC ordered that businesses involved in the supply chain must guarantee that curtains, with characteristics above-mentioned, are delivered to consumers with a secure device that helps to mitigate strangulation risk associated with their laces, cords, chains or similar. This decision is not mandatory for curtains that do not have as "adjustment mechanism" a circle, loop or ring, and, therefore do not require safety mechanism.